Cities Index.
Agenda packet

Colton City Council
July 16, 2024

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Agenda packet
Meeting
July 16, 2024
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Colton City Council
Pages
4
Original file
62.2 MB
Text extracted from the city's file for reading and search. Open the original on coltonca.api.civicclerk.com. That file is the official record.

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

Mayor Frank J. Navarro
Council Members:

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

City Treasurer Aurelio De La Torre

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

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, JULY 16, 2024 – 5:00 P.M.

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

CLOSED SESSION CALLED TO ORDER

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

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

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

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

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation
Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case

2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation
Pursuant to Government Code Section 54956.9(d)(4)
One (1) Potential Case
B. CONFERENCE WITH LEGAL COUNSEL - WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Ronald Helms vs. City of Colton
C. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Electric Division International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

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

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Eric Strutz - The Door Church
FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Business Focus - Pro Nails

3  Recognition - Employee Years of Service Appreciation

MAYOR AND COUNCIL ITEMS

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

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS

To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. (1) Public Hearing - LLMD I - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND

ADOPT A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR 2024/2025, & APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. I FOR FISCAL YEAR 2024/2025, RESOLUTION NO. R-66-24 & R-67-24.
[Staff Person: Brian Dickinson]
Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

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

MOTION __________ SECOND __________

4 (2) Public Hearing - LLMD II - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND

ADOPT A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2024/2025 & APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF

COLTON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2024/2025, RESOLUTION NO. R-68-24 & R-69-24.
[Staff Person: Brian Dickinson]
Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

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

MOTION __________ SECOND __________

(3) Public Hearing - Stormwater Fee - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE

AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA APPROVING THE

BASIC FEE FOR STORM WATER SERVICES AND THE STORM WATER MANAGEMENT USER FEE FOR FIS CAL YEAR 2024/2025 AS PROVIDED FOR IN CHAPTER 14.01 OF THE COLTON MUNICIPAL CODE, RESOLUTION NO. R-70-24.
[Staff Person: Brian Dickinson]
Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

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

MOTION __________ SECOND __________

BUSINESS ITEMS
To speak on business items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
(4) Contract Amendment - Solid Waste Franchise Agreement - Approve Second Amendment to the Solid Waste Franchise Agreement with CR&R, Inc, RESOLUTION NO. R-74-24. [Staff Person: Brian Dickinson]

5 PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meetin g. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

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

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

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

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

(5) Minutes - Approval of Minutes for the City Council Regular Meeting Held on June 18, 2024, on File in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(6) Warrants - Approve US Bank voucher dated 05/22/2024 and totaling $73,852.61; voucher numbers 212736 to 212814 dated 05/29/2024 and totaling $86,613.89; voucher numbers 212815 to 212916 dated 05/30/2024 and totaling $780,326.55, wires dated 06/05/24 and totaling $2,879,968.48; vouchers numbers 212917 to 213035 dated 06/06/2024 and totaling $1,375,887.29; vouchers numbers 213036 to 213133 dated 06/13/2024 and totaling $698,363.68; vouchers numbers 213134 to 213245 dated 06/20/2024 and totaling $1,052,449.95; a payroll disbursement listing dated 05/11/2024 to 05/24/2024 totaling $1,062,229.29 and a payroll disbursement listing dated 05/25/2024 to 06/07/2024 total ing $1,171,214.82.
[Staff Person: Stacey Dabbs]
(7) City Treasurer's Report - Receive and File City Treasurer's Report for April 2024. [Staff Person: Aurelio De La Torre]
(8) Agreement - Cal Fire - Approve and Adopt a Contract for Wildland Protection Agreement with Cal Fire, RESOLUTION NO. R-62-24.
[Staff Person: Ray Bruno]
(9) Resolution - MORE Grant - Approve and Adopt a Resolution to Accept a Grant from the Manufactured Housing Opportunity Revitalization (MORE) Fund Totaling $1,025,000, RESOLUTION NO. R-75-24. [Staff Person: Tom Welch]

6 (10) Compensation/Benefit Adjustments - Approve Recruitment and Retention Market Adjustments for Colton Police Officers Association (CPOA), Colton Police Management Association (CPMA), and Colton Police Dispatchers Association (CPDA; and Medical Cafeteria Plan adjustments for Colton Police Officers Association (CPOA), Colton Police Management Association (CPMA), Colton Firefighters Association (CFFA), Colton Police Dispatchers Association (CPDA), Colton Police Civilian Employees Association (CPCEA), Teamsters Local 1932 - General Employees Unit (General Unit), Teamsters Local 1932 – Mid-Manager Employee Unit (MMA), International Brotherhood of Electrical Workers Local 47, Water/Wastewater Division (IBEW, Water/Wastewater) and Unrepresented Employees. To Include Seven (7) Side Letters and Three (3) Resolutions, RESOLUTION NO. R-59-24, R-60-24, & R-61-24. [Staff Person: Tom Cody]
(11) Contract Amendment - Professional Labor & Employment Law Services - Approve Contract Amendment with Atkinson, Andelson, Loya, Ruud & Romo (AALRR) for Professional Labor & Employment Law Services. [Staff Person: Tom Cody]
(12) Contract Award - Ascend Analytics LLC - Approve Consulting Agreement with Ascend Analytics LLC, for the Integrated Resource Plan (IRP).
[Staff Person: Charles Berry]
(13) Contract Award - First Carbon Solutions (FCS) - Approve the Award of Contract to First Carbon Solutions for the Preparation of Environment Assessment for Citywide General Plan Map and Text Amendment and Change of Zone of Certain Properties and Zoning Text Amendments for Consistency with the General Plan as Part of Implementation of the Approved 6th Cycle Colton 2021-2029 Housing Element. [Staff Person: Heidi Duron]
(14) Contract Award - Michael Baker International (MBI) - Approve the Award of Contract to Michael Baker International for the Preparation of an Amendment to the HUB City Centre Specific Plan as Part of Implementation of the Approved 6th Cycle Colton 2021-2029 Housing Element. [Staff Person: Heidi Duron]
(15) Contract Award - Paso Robles Tank Inc. - Approve Contract Award to Paso Robles Tank Inc. for the La Loma Reservoir Project.
[Staff Person: Brian Dickinson]
(16) Contract Award - San Bernardino County Innovation and Technology Department - Approve Contract Award to San Bernardino County Innovation and Technology Department for the Fire Department Radio Repair Service Contract.
[Staff Person: Ray Bruno]
(17) Emergency at Agua Mansa Power Plant - Confirm Ongoing Emergency at Agua Mansa Power Plant. [Staff Person: Charles Berry]
(18) Adoption of Water and Wastewater Rates - Waive Full Reading, Read by Title Only and Approve Second Reading of an Ordinance Adopting Rate Increases to City of Colton Water Service Fees and Taking Other Actions Related Thereto, to be known as O-06-24 and Waive Full Reading, Read by Title Only and Approve Second Reading of an Ordinance Adopting Rate Increases to City of Colton Sewer Service Fees and Taking Other Actions Related Thereto, to be Known as O-07-24, ORDINANCE NO. O-06-24 & O-07-24. [Staff Person: Brian Dickinson]

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

CITY MANAGER'S REPORTS

ADJOURNMENT

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

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

PROCEDURES FOR ADDRESSING CITY COUNCIL

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

RULES OF DECORUM

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

NOTICE TO PUBLIC

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

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

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

LEGAL CHALLENGES

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

MANUAL OF PROCEDURE

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

ITEM NO. 1

STAFF REPORT

DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL

OF COLTON, CALIFORNIA APPROVING THE ANNUAL
ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR
2024/2025, & APPROVE AND ADOPT A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA,

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS

FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT NO. I FOR FISCAL YEAR 2024/2025,
RESOLUTION NO. R-66-24 & R-67-24

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Conduct a Public Hearing and approve and adopt the following resolutions for the Landscape Lighting and Maintenance District N. I for Fiscal Year 2024/2025.

1. Resolution No. R-66-24, approving the final Engineer’s Report; and

2. Resolution No. R-67-24, approving and ordering of the levy and collection of assessments for Fiscal Year 2024/2025.

BACKGROUND

In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Co de of California, the City Council formed a Landscape and Lighting

1.1 Packet Pg. 9
Staff Report to the Mayor and City Council
Public Hearing - LLMD I
July 16, 2024

Page 2 ends

Maintenance Assessment District (LLMD). Currently, there are two Landscape Lighting and Maintenance Districts within the City of Colton. Each District maintains lighting, landscaping and other applicable facilities within its boundaries.

Within the LLMD District I, there are five zones (See Exhibit A for locations). A variable amount is levied in each zone based on the benefit each property type (residential, industrial or commercial) receives; a single family residence is used as the basic unit of assessment and is assessed an Equivalent Benefit Unit (EBU) of 1.00. In addition to the EBU, the other determining factor in establishing each zone’s corresponding assessment is the acreag e of each parcel. The costs associated with maintaining the improvements within each zone are distributed to the parcels within the zone in proportional benefit received by those parcels. Only parcels that directly benefit from the improvements are assessed.

On June 18, 2013, the City Council determined that street lighting charges be excluded from both LLMD Districts and be considered as part of the City wide services as a matter of public safety.

For irrigation water service charges, Council ap proved a reduction of cost that is proportional to shared public areas (i.e. medians, parks and other publicly accessible areas that are in the LLMD service areas) to allow the District to catch up on lingering maintenance issues. The common area is appro ximately 38% of total LLMD areas. The cost of City owned utilities expense for Fiscal Year 2024/25 is approximately $63,000 for both electricity and water.

ISSUES/ANALYSIS

The Engineer’s Report for FY 2024/2025 is available for review at the City C lerk’s Office. The Fiscal Year 2024/2025 budget does not reflect any levy changes to the five zones located within the District (Zones: 2, 3, 4, 5 and 8). When the zones were originally set up, they were assigned these specific zone numbers and to ensure consistency throughout multiple documentation, this zone numbering system has remained in place. Staff is recommending that the City Council authorize the City of Colton Electric and Water continue to provide electric and water services and these costs b e excluded from the District expenses for the upcoming fiscal year in a same manner as previously approved. West Valley Water District (WVWD) provides water service in the western part of the City of Colton. The LLMD will continue to incur the cost of wa ter provided by WVWD in LLMD I, Zone 8.

The LLMD I assessment rate was established in 1980s and has not been adjusted since. Only the Zone 3 Annexation area has an inflator of 3% per year. Since the LLMD I was formed without an inflator clause, the rates cannot be increased to meet the service costs without voter approval for each defined district/zone. The cost of operation and contract services continue to escalate especially after the 2015 California Statewide prevailing wage requirements.

1.1 Packet Pg. 10
Staff Report to the Mayor and City Council
Public Hearing - LLMD I
July 16, 2024

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FISCAL IMPACTS

The Engineer’s Report is on file in the Office of the City Clerk as prescribed by law and identifies the LLMD I operating budget for FY 2024/2025 to be $307,758.00. The LLMD I revenue for FY 2024/2025 is estimated at $334,167.00.

ATTACHMENT

1. Exhibit A - LLMD I Map

2. Exhibit B - Reso. No. R-66-24_LLMD I

3. Exhibit C - Reso. No. R-67-24 LLMD I

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Exhibit A

LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT I
MAP

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Attachment: Exhibit A - LLMD I Map (4577 : Public Hearing - LLMD I)

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Attachment: Exhibit A - LLMD I Map (4577 : Public Hearing - LLMD I)

Exhibit B

Resolution R-66-24

APROVING THE FINAL ENGINEER’S REPORT

1.1.b
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Attachment: Exhibit B - Reso. No. R-66-24_LLMD I (4577 : Public Hearing - LLMD I)

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RESOLUTION NO. R-66-24

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIG HTING MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR 2024/2025.

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and; WHEREAS, the City Council of the City of Colton, California, has, by previous Resolutions, ordered the preparation of the Engineer’s Annual Levy Report (“Engineer’s Report”) for the “Colton Landscape and Lighting Maintenance District No. I” (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”), and; WHEREAS, there has now been presented to this City Council the Engineer’s Report as required by Chapter 3, Section 22623 of said Act, as previously directed by Resolution; and, WHEREAS, this City Council has examined and reviewed the Engineer’s Report as presented, and is satisfied with the Engineer’s Report, each and all of the budget items and documents as set forth therein, and is satisfied that the assessments, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Engineer’s Report.

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

Section 1 The above recitals are true and correct.

Section 2 That the Engineer’s Report as presented, consists of the following:
 A Description of the Districts and Improvements;
 The Annual Budget (Costs and Expenses of Services, Operations and Maintenance);  A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within said District for Fiscal Year 2024/2025;
 District Assessment Diagrams showing the exterior boundaries of the Assessment District and/or the Benefit Zones therein;
 A Listing of the proposed assessment for each Assessor’s Parcel Number within the District for Fiscal Year 2024/2025.

Section 3 The Engineer’s Report is hereby approved on a preliminary basis pending a public hearing, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

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Attachment: Exhibit B - Reso. No. R-66-24_LLMD I (4577 : Public Hearing - LLMD I)

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Section 4 The Engineer’s Report as presented is hereby approved (subject to modifications and amendments directed by the City Council at the Public Hearing) and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection.

Section 5 That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report.

PASSED, APPROVED AND ADOPTED this 16th day of July 2024.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Stephanie M. Vargas
Deputy City Clerk

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Attachment: Exhibit B - Reso. No. R-66-24_LLMD I (4577 : Public Hearing - LLMD I) City of Colton

Landscape and Lighting Maintenance
District No. I

2024/2025 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: June 18, 2024
Public Hearing: July 16, 2024

ENGINEER'S REPORT

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Attachment: Exhibit B - Reso. No. R-66-24_LLMD I (4577 : Public Hearing - LLMD I)

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Attachment: Exhibit B - Reso. No. R-66-24_LLMD I (4577 : Public Hearing - LLMD I)

TABLE OF CONTENTS

I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 2
II. DESCRIPTION OF THE DISTRICT 3
A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES 3
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 4
C. DISTRICT ZONES AND SPECIFIC AREAS OF IMPROVEMENTS 5
D. CHANGES OR MODIFICATIONS TO THE DISTRICT 9
III. METHOD OF APPORTIONMENT 9
A. GENERAL 9
B. BENEFIT ANALYSIS 10
C. ASSESSMENT METHODOLOGY 10
D. ASSESSMENT RANGE FORMULA 14
IV. DISTRICT BUDGETS 16
A. DESCRIPTION OF BUDGET ITEMS 16
B. DISTRICT BUDGET
APPENDIX A – DISTRICT BOUNDARY MAPS A-19
APPENDIX B – 2024/2025 COLLECTION ROLL B-1

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Packet Pg. 19
Attachment: Exhibit B - Reso. No. R-66-24_LLMD I (4577 : Public Hearing - LLMD I)

I. OVERVIEW
A. INTRODUCTION
The City of Colton (“City”) annually levies and collects special assessments in order to provide financing for maintenance, servicing , and operation of the improvements within the existing Landscape and Lig hting Maintenance Distr ict No. I (“District”). The District was formed and is levied annually pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) and is in compliance with the substantive and procedu ral requirements of the California State Constitution, Article XIIID (“Article XIIID”).

The Engineer’s Annual Levy Report (“Report”) describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2024/2025. The assessme nts are based on the historical and estimated costs necessary to maintain the improvements that provide a direct and special benefit to properties within the District. The District includes five distinct Benefit Zones (“Zones”). The improvements within the District and the corresponding costs are budgeted and assessed separately for each Zone, including all expenditures, deficits, surpluses, revenues, and reserves.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number by the San Bernardino County Assessor’s Office. The San Bernardino County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll.

On July 17, 2007 the City conducted a property owner protest ballot relating to the addition of Zone 3 improvements and the addition of an inflator to the Zone 3 assessment formula, as well as the annexation of Tract 16912 to Zone 3. At the public hearing, the tabulation of the owner protest ballots did not result in a majority protest regarding any of the ballot issues.

At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regardi ng the District and the annual levy of assessments. Upon conclusion of the Public Hearing, the City Council will consider all public comments and review the Report. The City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments the Council will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to the 1972 Act. The assessments as

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Attachment: Exhibit B - Reso. No. R-66-24_LLMD I (4577 : Public Hearing - LLMD I)

approved will be submitted to the San Bernardino County Auditor/Controller to be included on the property tax roll for each parcel.

B. COMPLIANCE WITH CURRENT LEGISLATION
On November 5, 1996, California voters approved Proposition 218. The provisions of Proposition 218 are now contained in the California Constitutional Articles XIIIC and XIIID.

Pursuant to Article XIIID Section 5, certain existing assessments (those that existed on or before November 6, 1996) are exempt from the substantive and procedural requirements of A rticle XIIID Section 4 and property owner balloting for the existing assessments is not required until such time that such assessments are increased. Specifically:
 The improvements and the annual assessments for maintaining local improvements within Zone s 2, 4, 5, and 8 were part of the original conditions of development and approved by the property owner of record at that time. Therefore, pursuant to Article XIIID Section 5(b), the existing assessments were approved by all the property owners at the tim e the assessment was created (originally imposed pursuant to a 100% landowner petition) and as such, the existing assessment amounts are exempt from the substantive and procedural requirements of Article XIIID Section 4.  The City’s legal counsel also deter mined that the District’s existing assessments for Zones 2, 4, 5, and 8 were for the maintenance of specific street related improvements (median and parkway landscaping and street lighting) and these improvements are part of the overall street improvements. Therefore, pursuant to Article XIIID Section 5(a), the portion of the existing assessment used exclusively for street maintenance are also considered exempt from the substantive and procedural requirements of Article XIIID Section 4.

In compliance with the provisions of the Article XIIID, the City conducted a property owner protest ballot proceeding for the annexation of Tract 16912 and the proposed levy of a new assessment range formula for Zone 3. In conjunction with this ballot proceeding, the City C ouncil conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to de termine whether a majority protest existed (ballots were weighted based on assessment amounts).

Since a majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council, by

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resolution, confirmed the results of the ballot tabulation. The City Council approved the annexation, ordered the formation of the annexation, and approved the assessment diagram and levy and collection of assessments.

All assessments approved by the City Coun cil have been prepared in accordance with the 1972 Act for the Zones formed prior to November 6, 1996 and are in compliance with the provisions of Article XIIID and the 1972 Act for zones and annexations formed after 1996.

II. DESCRIPTION OF THE DISTRICT
A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES
The District provides maintenance, servicing , and operation of landscape and lighting improvements and associated appurtenances located within the public right-of-ways and dedicated landscape easements, within t he District. The District’s five Zones have specific improvements and services that provide a special and direct benefit to the parcels within the respective Zones. Originally Zone 3 (La Loma Hills) consisted of the parcels located southeast of the Santa Ana River and west of State Highway No. 215. Initially, the improvements associated with Zone 3 included only the entry monument on La Cadena Drive, north of Maryknoll Drive, and the parkways, islands, and medians extending northerly from the entry monum ent. Since the entry monument improvement is considered to provide a large degree of general benefit to the City and the public at large, the costs to maintain this improvement are paid from the City’s General Fund and no assessment has been levied agains t properties within the Zone for costs associated with the maintenance of the monument. Since the formation of Zone 3, additional improvements have been made along S. La Cadena which provide a direct benefit to the parcels within Zone 3 and the developing tract along Rosedale Avenue, Tract 16912.

All parcels identified as being within a Zone share in both the cost and the benefits of the improvements. The costs associated with the improvements are equitably spread among all benefiting parcels within tha t Zone and only parcels that receive special benefit from the improvements are assessed.

Landscape and lighting improvements provided by the District are located within the public street right -of-ways, easements, parkways, and medians. These improvements may include but are not limited to turf; ground cover; shrubs; trees; irrigation systems; ornamental lighting; entry monuments; drainage systems; street lighting; and associated appurtenances. The costs associated with these improvements include all nece ssary service, operations, administration, and maintenance required to keep the above -mentioned improvements in a healthy, vigorous, and satisfactory working condition. The

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City may utilize both City personnel and the services of landscape maintenance contractors for all regularly scheduled landscape maintenance. The specific locations of improvements within each Zone are described in the following section.

B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed Distri ct, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grad ing, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
 The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
 The costs of printing, advertising, and the publishing, posting and mailing of notices;
 Compensation payable to the County for collection of assessments;  Compensation of any engineer or attorney employed to render services;  Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;

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 Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
 Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
 Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
 The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. DISTRICT ZONES AND SPECIFIC AREAS OF IMPROVEMENTS

Zone 2: Cooley Ranch lies generally east of the Santa Ana River and northwest of Barton Road. The areas of improvement within Zone 2 include:
 Washington Street medians and northerly and northwesterly parkways from approximately 150 feet southwest of Santo Antonio Drive to Mt. Vernon Avenue, excluding the parkway along old Camping World frontage.  Mt. Vernon Avenue medians and easterly parkways: from approximately 350 feet north of Washington Street to north of the county flood channel; and from approximately 300 feet north of Cooley Drive to the Santa Ana River.
 Cooley Drive medians and northerly and w esterly parkways: from Mt.

Vernon Avenue to approximately 800 feet north of Via Venita; and from approximately 800 feet north of Via Venita on both sides of flood channel east to end of landscaping.
 Cooley Drive medians and southerly and westerly parkways: from Cooley Lane to State Highway 215 East.
 Cooley Drive westerly parkway from Cooley Lane south to the flood channel.

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 Cooley Drive median from Barton Road to flood channel and south of Cooley Lane.
 Cooley Lane, both the northerly and southerly parkways f rom Cisco Street to Cooley Drive and the southerly parkways from Cameron Street to Hunts Lane.
 Beech Lane median from Cooley Lane to Cherrywood Lane.  Elm Drive median from Cherrywood Drive to Cottonwood Drive.  Aspen Lane median from Torrey Pines Drive to Oak Glen Lane.  Ashwood Lane median from Oak Glen Lane to Cooley Drive.  Clear Creek Lane southerly parkway from Forest Drive to Oak Glen Lane.  Barton Road southerly parkways from Cooley Drive to Hunts Lane.  Hunts Lane westerly parkways from Cooley Lane to Stewart Street.  Colunga Street parkway adjacent to lot 54, Tract 14404-1.  Cameron Street parkways adjacent to Lots 56 and 60, Tract 14404 -1.  The Rich Dauer Park located south of Cottonwood Drive, north of Sugar Pine Lane, and west of Torrey Pines Drive.
 The Park Site east of Cooley Drive and south of Duron Street.  The entry monument on Barton Road and east of Mojave Drive.  “M” Street parkways from La Cadena Drive to Mount Vernon Avenue.  Clear Creek southerly parkways from Forest Drive to Barton Road.

Zone 3: La Loma Hills includes the parcels southeast of the Santa Ana River and west of State Highway No. 215 and Tract 16912 located along Rosedale Avenue. Improvements within Zone 3 include:
 La Cadena Drive parkways and Medians from Interstate 215 to Valley Blvd ., not including medians and parkways between Palm Ave. and Litton Ave. (Grand Terrace city limit).
 Existing and future improvements along South La Cadena Drive between Tropica Rancho Rd. and Maryknoll Drive.
 Existing and future improvements along Rosedale Avenue between La Loma Avenue and Shirley Court.

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 Maintenance of landscaping and irrigation system for parkways and medians extending along the 812-foot right-of-way along Rosedale Avenue.

Zone 4: Old Colton is the area generally north of Valley Boulevard and east of Meridian Avenue. Improvements within Zone 4 include:
 Grand Avenue westerly parkway and landscaping easement from Citrus Street to Johnston Street.
 Citrus Avenue northerly parkways and landscaping easement Grand Avenue to approximately 350 feet west of Teresa Avenue.  Citrus Avenue northerly parkway from Macy Avenue to Grand Avenue.  The southerly parkways and landscaping easement on Citrus Avenue from Macy Avenue to approximately 350 feet west of Teresa Avenue.  Common Area beginning at the termin us of Rudy Oliveras Court and extending north easterly parallel to Award Drive to the boundary between the City of Colton and the County of San Bernardino.
 Fairway Drive northerly parkway from Sperry Drive easterly to the Lytle Cajon Flood Control Channel.
 Fairway Drive southerly parkway from approximately 625 feet west of Crossroads Aqueduct to approximately 195 feet east of Crossroads Drive and approximately 890 linear feet of frontage along I-10 freeway.  Fairway Drive northerly parkway from approximately 250 feet west of Award Drive to approximately 230 feet east of Award Drive and the open space area approximately six (6) acres west of and associated with tract 15480.

This area also includes the Scenic Drive Southerly parkway that extends from midway be tween North Iowa Avenue and Kansas Avenue to the boundary between the City of Colton and the County of San Bernardino.  The westerly third of Davis Park along Theresa Avenue between Kimberly Avenue and Laurel Street.

Zone 5: Reche Canyon includes parcels south of Barton Road on either side of the Reche Channel. Improvements within Zone 5 include:
 The southwesterly slopes on Prado Lane, along Hidden Valley Lane and the tract frontage (Lot A, Tract 12197).
 Prado Park southwest of the intersection of Prado Lane and Hidden Valley Lane.
 Prado Lane entry area north side slopes (Lot C of Tract 12197) and the median west of Prado Lane/Hidden Valley intersection.

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 Reche Canyon Road southwesterly parkways from Pepper Tree Lane to approximately 200 feet southeast of Gun nison Way, and the entry monuments located within the parkway at Topanga Way and Gunnison Way.

Zone 8: West Valley lies generally north of Interstate 10 Freeway and west of Pepper Avenue. In Fiscal Year 2002/2003 certain territory was detached from Zone 8 . This detached territory includes areas South of Randall Avenue and west of John Juarez Way and North of San Bernardino Avenue/Olive Street and east of Pepper Avenue. Improvements within Zone 8 include:
 Sandlewood Road median between Sycamore Avenue and Cherry Tree Road.
 Sycamore Avenue easterly parkways and landscaping easement from approximately 250 feet south of Sandlewood Road to approximately 350 feet north of Sandlewood Road.
 Indigo Avenue median between San Bernardino Avenue and Sago Palm Road.
 San Bernardino Avenue northerly parkways from approximately 450 feet west of Indigo Avenue to approximately 120 feet east of Agua Caliente Lane.
 Eucalyptus Avenue easterly parkways and adjacent landscaping easements: from San Bernardino Avenue to approximate ly 100 feet north of De Carmen Drive; and from approximately 100 feet south of West Admiralty Street to approximately 500 feet north of West Admiralty Street.  Eucalyptus Avenue westerly parkways and adjacent landscaping easements: from approximately 100 f eet south of West Admiralty Street to approximately 100 feet north of Westwind Street; and from approximately 100 feet south of Date Tree Road to approximately 100 feet south of West Admiralty Street.
 Pepper Avenue westerly parkway from Station Drive to ap proximately 600 feet north and Station Drive.
 Pepper Avenue medians from West San Bernardino Avenue to Valley Boulevard.
 Pepper Avenue parkways from Randall Avenue to Station Drive.  Station Drive entrance, medians, and northerly parkway from Iron Horse Drive to Pepper Avenue.
 Meridian Avenue westerly parkways and landscaping easements adjacent to Tracts 14158 and 14159.

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 Various interior parkways and easements within Tracts 14158 and 14159.  Valley Boulevard medians from Sycamore Avenue to Wildrose Avenue.

D. CHANGES OR MODIFICATIONS TO THE DISTRICT
Modifications to the District structure could include but are not limited to changes or expansion of the improvements or services provided; addition of new service; addition or deletion of Zones; restructuring of the current Zones including annexations; or revisions in the method of apportionment. Any such changes will comply, if required, with the substantive and procedural requirements of Article XIIID, Section 4 of the California Constitution.

Any change to the a ssessment applied to a particular parcel is the result of changes in development or land use changes and not the method of apportionment or assessment rates.

III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit:

“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”

The formula used for calculating assessments in each Zone of the District therefore reflects the composition of the parcels, and the improvements provided, to fairly apportion the Zone costs based on benefit to each parcel in that Zone.

In addition, pursuant to the Article XIIID Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and provides that only special benefits may be assessed.

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B. BENEFIT ANALYSIS
The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments. Specifically, the ass essments for Zones 2, 3, 4, 5, and 8 fund the annual maintenance and service costs of local landscape improvements installed in connection with the development of the parcels assessed within each Zone. The desirability of properties within each Zone is en hanced by the presence of well -maintained lighting and landscaping improvements.

The annual assessments outlined in this Report are based on the special benefits properties receive from the improvements and the estimated costs to provide all necessary mai ntenance, service, operation, and administration required each year to keep these improvements in a healthy, vigorous, and satisfactory condition. The special benefits the improvements provide are:

 Improved aesthetic appeal of properties within the Zone s providing a positive representation of the area.
 Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
 Environmental enhancement through improved erosion resistance, and dust and debris control.
 Increased sense of pride in ownership of property within the Zones resulting from well-maintained improvements associated with the properties.  Reduced criminal activity and property-related crimes (especially vandalism) against properties in the Zone s through well -maintained surroundings and amenities.
 Enhanced environmental quality of the parcels within the Zones by moderating temperatures, providing oxygenation and attenuating noise.

All of the preceding special benefits contribute to a specific en hancement and desirability of each of the assessed parcels within the Zones.

C. ASSESSMENT METHODOLOGY
Equivalent Benefit Units:

To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each other. The Equivalen t Benefit Unit method of apportionment uses the single -family home as the basic unit of assessment. A

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single-family residence (“SFR”) is assigned one (1) Equivalent Benefit Unit (“EBU”). Every other land -use is assigned EBU’s based on an assessment formula that equates the property’s specific development status, type of development (land-use), and size of the property, as compared to a SFR.

The EBU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodolo gy for calculating benefit in districts formed under the 1972 Act, as the benefit to each parcel is apportioned as a function of land-use type, size and development.

Each parcel is assigned a weighting factor known as a Benefit Unit Factor (“BUF”) based on its land use. The parcel's BUF, multiplied by its acres or units (“Ac/Un”), determines the parcel’s EBU.

Parcel BUF x Acre/Unit = Parcel’s EBU

The following table provides the weighting factors applied to the various land -use types to determine each parcel’s EBU in each of the District Zones.

Property Type Land Use
Code
Benefit
Unit Factor Multiplier
Commercial Developed COM 6.00 Per Acre*
Industrial Developed IND 4.00 Per Acre*
Single Family Residential SFR 1.00 Per Unit
Multifamily Residential MFR 0.70 Per Unit
Mobile Home Park MHP 1.00 Per Unit
Commercial Vacant CMV 0.30 Per Acre*
Industrial Vacant INV 0.30 Per Acre*
Single Family Vacant SFV 0.30 Per Acre*
Multifamily Vacant MFV 0.30 Per Acre*
Under-Developed Commercial UDC 2.00 Per Acre*
Under-Developed Residential UDR 1.00 Per Unit

For an equitable spreading of the improvement costs, all parcels are assigned at least the minimum EBU that corresponds to the respective property type or one (1) EBU, whichever is less. For example:
 All Vacant properties (commercial, industrial, multi -family and single-family) less than one (1) acre, are assigned 0.30 EBU, which is the minimum EBU for these land uses.
 Developed Commercial property less than 0.17 acres is assigned a minimum of 1.00 EBU, all other developed
commercial parcels are assessed at 6.0 times their acreage.

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Properties that have specific development restrictions or unique land use issues may be treated as special cases. These parcels are reviewed on an individual basis and may b e assigned an EBU that reflects their unique circumstances and estimated special benefit from the improvements.

The Total Equivalent Benefit Units in a Zone is the sum of all parcels’ individual EBU’s that receive benefit from the improvements in that Zone.

Total Balance to Levy per Zone / Total EBU per Zone = Levy per EBU per Zone

Parcel EBU x Levy per EBU = Parcel Levy Amount

The following tables provide sample levy calculations for various property types in the Zones demonstrating the EBU method of apportionment and the maximum assessment rate for each Zone.

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SAMPLE LEVY CALCULATIONS
(Ac/Un — represents the appropriate Acreage or Units)

Zone 2 Cooley Ranch
Property Type
Use
Code BUF X Ac/Un =
Parcel
EBU X
Maximum
Levy/EBU =
Levy
Amount
Commercial Developed COM 6.00 X 1.50 = 9.00 X $52.82 = $475.38 Industrial Developed IND 4.00 X 1.50 = 6.00 X $52.82 = $316.92 Single Family Residential SFR 1.00 X 1.00 = 1.00 X $52.82 = $52.82 Multi Family Residential MFR 0.70 X 20.00 = 14.00 X $52.82 = $739.48 Commercial Vacant CMV 0.30 X 1.75 = 0.52 X $52.82 = $27.47 Single Family Vacant SFV 0.30 X 1.00 = 0.30 X $52.82 = $15.85

Zone 3 La Loma Hills
Property Type
Use
Code BUF X Ac/Un =
Parcel
EBU X
Maximum
Levy/EBU =
Levy
Amount
Commercial Developed COM 6.00 X 1.50 = 9.00 X $323.23 = $2,909.07 Industrial Developed IND 4.00 X 1.50 = 6.00 X $323.23 = $1,939.38 Single Family Residential SFR 1.00 X 1.00 = 1.00 X $323.23 = $ 323.23 Multi Family Residential MFR 0.70 X 20.00 = 14.00 X $323.23 = $4,525.22 Commercial Vacant CMV 0.30 X 1.75 = 0.52 X $323.23 = $ 169.70 Single Family Vacant SFV 0.30 X 1.00 = 0.30 X $323.23 = $ 96.67

The Maximum Assessment for Zone 3 is equal to the initial assessment rate of $195.56 per EBU approved by Zone 3 property owners, and commencing with FY 2008/2009 the maximum assessment c ould b e increased annually up to three percent (3%).

Zone 4 Old Colton
Property Type
Use
Code BUF X Ac/Un =
Parcel
EBU X
Maximum
Levy/EBU =
Levy
Amount
Commercial Developed COM 6.00 X 1.50 = 9.00 X $56.26 = $506.34 Industrial Developed IND 4.00 X 1.50 = 6.00 X $56.26 = $337.56 Single Family Residential SFR 1.00 X 1.00 = 1.00 X $56.26 = $56.26 Multi Family Residential MFR 0.70 X 20.00 = 14.00 X $56.26 = $787.64 Commercial Vacant CMV 0.30 X 1.75 = 0.52 X $56.26 = $29.26 Single Family Vacant SFV 0.30 X 1.00 = 0.30 X $56.26 = $16.88

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Zone 5 Reche Canyon
Property Type
Use
Code BUF X Ac/Un =
Parcel
EBU X
Maximum
Levy/EBU =
Levy
Amount
Commercial Developed COM 6.00 X 1.50 = 9.00 X $53.46 = $481.14 Industrial Developed IND 4.00 X 1.50 = 6.00 X $53.46 = $320.76 Single Family Residential SFR 1.00 X 1.00 = 1.00 X $53.46 = $53.46 Multi Family Residential MFR 0.70 X 20.00 = 14.00 X $53.46 = $748.44 Commercial Vacant CMV 0.30 X 1.75 = 0.52 X $53.46 = $27.79 Single Family Vacant SFV 0.30 X 1.00 = 0.30 X $53.46 = $16.03

Zone 8 West Valley
Property Type
Use
Code BUF X Ac/Un =
Parcel
EBU X
Maximum
Levy/EBU =
Levy
Amount
Commercial Developed COM 6.00 X 1.50 = 9.00 X $104.38 = $939.42 Industrial Developed IND 4.00 X 1.50 = 6.00 X $104.38 = $626.28 Single Family Residential SFR 1.00 X 1.00 = 1.00 X $104.38 = $104.38 Multi Family Residential MFR 0.70 X 20.00 = 14.00 X $104.38 = $1,461.32 Commercial Vacant CMV 0.30 X 1.75 = 0.52 X $104.38 = $54.27 Single Family Vacant SFV 0.30 X 1.00 = 0.30 X $104.38 = $31.31

D. ASSESSMENT RANGE FORMULA
Zone 3 Only
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).

The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, balloting of property owners is required pursuant to the Article XIIID Section 4. The property owner ballots include an Assessment to be approved, as well as the approval of an assessment range formula.

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The assessment range for mula shall be applied to the future assessments within Zone 3 of the District. Generally, if the proposed annual zone assessment (Zone Rate per EBU) for the current fiscal year is less than or equal to the calculated Maximum Assessment for Zone 3, then th e proposed annual assessment is not considered an increased assessment. The Maximum Assessment for Zone 3 is equal to the initial assessment rate approved by Zone 3 property owners increased annually by three percent (3%).

Beginning in FY 2008/2009, and e ach fiscal year thereafter, the Maximum Assessment for Zone 3 will be recalculated and a new Maximum Assessment established.

The Maximum Assessment is adjusted annually and is calculated independent of the zone’s annual budget and proposed annual assessme nt. Any proposed annual assessment less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year.

Although the Maximum Assessme nt will increase each year, the actual Zone 3 assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on Zone 3 assessments.

The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjusted maximum amount. If the budget and assessments for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Asses sment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment then the assessment is considered an incr eased assessment.

To impose an increased assessment, the City must comply with the provisions of the Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner assessment balloting. Property owners through the balloting process must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for the District. If the proposed assessment is not ap proved, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for the District.

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IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The following describes the services and costs that are funded through the District, shown in the Zone Budgets, Section IV.B.

Direct Costs - Includes relevant City Staff salaries, wages and benefits; all contracted labor; material and equipment; utilities and capital equipment required to properly service and maintain the authorized improvements and services within the Zones.

Administration Costs - Includes the City’s cost to administer the Zones, the County’s fee for applying the assessments to the tax roll and miscellaneous expenses.

Reserve Replenishment/(Contribution) - The Res erve Replenishment/ (Contribution) reflects funds being added to or used from the Reserve Accounts for the current Fiscal Year costs. A Reserve Account typically provides funds to operate the District/Zones from the time period of July 1 (beginning of the fiscal year) through December or January when the County normally provides the City with the first installment of assessments collected from the property tax bills. A Reserve Account reduces the need for the City to transfer funds from non - District accounts to pay for District/Zone costs during the first six (6) months or so of the fiscal year.

General Fund / (Contribution) - Represents contributions from the City’s General Fund to pay the general benefit portion of the Zone improvements and / or Zone budget deficits.

Other Revenue Sources - Any funds designated for use by the Zone that are not Zone assessments. These funds are added to the Zone account and may be from either Zone or non -Zone sources that may include contributions from the City's General Fund.

Balance to Levy - This is the total amount to be levied against the parcels within the Zones. The Balance to Levy represents the total direct and administration costs, plus any reserve collection/deduction and beginning balance deficit, minus any beginning balance surplus and/or other contribution. This dollar amount represents the funds that are to be collected for the current Fiscal Year from the property owners through annual assessments.

Total Parcels – The total number of parcels within the Zone boundary.

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Total Parcels Assessed – The total number of parcels within the Zone that are assessed. Non-assessable lots or parcels may include parcels of land principally encumbered by public right -of-ways, easements, common areas, and/or parcels within the boundaries of the Zone that currently do not benefit from the improvements.

Total Equivalent Benefit Units (EBU) – The EBU is a numeric value calculated for each parcel based on the parcel’s land use and size. The EBU shown in the Zone budget s, represent the sum total of all parcel EBU’s that receive benefit from the improvements in that Zone.

Levy Per EBU - The Levy Per EBU is the Balance to Levy within each Zone divided by the Total EBU within the Zone. Please refer to Section III.C. for a more complete description.

Beginning Reserve Balance - The estimated balance in the Reserve accounts as of July 1 of the current Fiscal Year. The amounts are estimated by the City based on balances at the report date.

Ending Reserve Balance - The Endin g Reserve Balance shows those funds that are projected to be in the Reserve Accounts at the end of the Fiscal Year based on the Zone’s Fiscal Year budget.

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Attachment: Exhibit B - Reso. No. R-66-24_LLMD I (4577 : Public Hearing - LLMD I)

B. BUDGET LLMD DISTRICT I

FISCAL YEAR 2024/2025

BUDGET BY ZONE

City of Colton

Landscape and Lighting Maintenance District No. I

Fiscal Year 2024/2025 Budget and Applied Levy
Budget Items
Zone 2
Cooley
Ranch
Zone 3
Annexation
Zone 4
Old Colton
Zone 5
Reche
Canyon
Zone 8
West Valley Total Budget

DIRECT COSTS

Salaries Wages and Overtime $22,999.69 $3,311.17 $3,604.29 $3,504.44 $13,026.42 $46,446.00

Fringe Benefits $14,167.45 $2,039.63 $2,220.18 $2,158.68 $8,024.07 $28,610.00

Uniform & Safety Equipment $495.19 $71.29 $77.60 $75.45 $280.46 $1,000.00

Miscellaneous Equipment Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Permits/Legal Printing $594.23 $85.55 $93.12 $90.54 $336.56 $1,200.00

Building Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Contract Services $61,899.01 $8,911.33 $9,700.20 $9,431.48 $35,057.97 $125,000

Operating Supplies/Equipment $643.75 $92.68 $1000.88 $98.09 $364.60 $1,300.00

Utilities Expense $31,197.10 $4,491.31 $4,888.90 $4,753.47 $17,669.21 $63,000

Total Direct Costs $131,996.43 $19,002.96 $20,685.18 $20,112.14 $74,759.29 $266,556.00

LEVY ADJUSTMENTS

Professional Services $3,466.34 $499.03 $543.21 $528.16 $1,963.25 $7,000.00

Allocation From Other Depts. $16,936.56 $2,438.28 $2,654.13 $2,580.60 $9,592.42 $34,202.00

Capital Improvement Fund Collection $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Reserve Activity $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Total Levy Adjustments $20,402.91 $2,937.32 $3,197.34 $3,108.77 $11,555.67 $41,202.00

Balance to Levy $152,399.34 $21,940.28 $23,882.52 $23,220.91 $86,314.95 $307,758.00

DISTRICT STATISTICS

Total Parcels 1225 73 459 461 832 $3,050.00

Total Parcels Assessed 1278 74 469 468 846 $3,135.00

Total Equivalent Benefit Units (EBU) 3103 73 457 467 889 $4,989.00

Levy per EBU $52.82 $323.23 $56.26 $53.46 $104.38

GENERAL INFORMATION

Levy per EBU

$52.82

$323.23

$56.26

$53.46

$104.38

Maximum Levy per EBU $52.82 $323.23 $56.26 $53.46 $104.38

Maximum Levy $162,891.97 $23,594.82 $25,683.53 $24,972.03 $92,824.08 $330,966.44

Prior Year's Levy per EBU $52.82 $314.82 $53.46 $53.46 $104.38

Prior Year's Maximum Levy per EBU $52.82 $313.82 $53.46 $53.46 $104.38

RESERVE INFORMATION

Reserve Fund Activity FY-2024/2025 $11,492.64 $1,654.55 $1,801.01 $1,751.12 $6,509.13 $23,208.44

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APPENDIX A – DISTRICT BOUNDARY MAPS

An Assessment District Diagram has been prepared for the District and Zones in the format required by the 1972 Act and is on file with the City Clerk and is made part of this Report by reference. The Assessment Diagram is available for inspection at the Office of the City Clerk during normal business hours.

For general reference purposes, a rendering of the District and Zone Boundaries are presented herein.

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Zone 3 Annexation, Tract 16912

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APPENDIX B – 2024/2025 COLLECTION ROLL

Parcel identification for each lot or parcel within the District and Zones shall be the assessor parcel number as shown on the San Bernardino County Assessor's map for the year in which this Report is prepared.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated pu blic easements, open space areas and rights -of-ways including public greenbelts and parkways; utility rights - of-ways; common areas (such as in condominium complexes); landlocked parcels, small parcels vacated by the County, bifurcated lots, any other prope rty that cannot be developed; and park properties and other publicly owned, government -owned, public utility-owned properties that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvem ents and are therefore exempted from assessment.

The land use classification for each parcel is based on the San Bernardino County Assessor’s Roll. A listing of parcels assessed within this District and Zones, along with the proposed assessment amounts, has been submitted to the City Clerk and is made part of this Report beginning on the following page.

Approval of the Report (as submitted or as modified) confirms the method of apportionment and the assessment rate to be levied against each eligible par cel and thereby constitutes the approved levy and collection of assessments for Fiscal Year 2024/2025. The listing of parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax r oll for each parcel in Fiscal Year 2024/2025.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the Fiscal Year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single pa rcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

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Attachment: Exhibit B - Reso. No. R-66-24_LLMD I (4577 : Public Hearing - LLMD I)

Exhibit C

Resolution R-67-24

PUBLIC HEARING ORDERING THE LEVY

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RESOLUTION NO. R-67-24

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

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. I FOR FISCAL YEAR 2024/2025.

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

WHEREAS, the City Council of the City of Colton, California, has, by previous Resolutions, initiated proceedings for the Colton Landscape and Lighting Maintenance Assessment District No. I (“District”), declared its intention to levy assessments for Fiscal Year 2024/2025, and approved the Engineer’s Annual Levy Report (“Engineer’s Report”), that describes the assessments against parcels of land within for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highway s Code, (commencing with section 22500) (“Act”) to pay for the maintenance and services of improvements and facilities related thereto, and;

WHEREAS, the Engineer’s Report has been prepared and filed with the City Clerk, and the City Clerk has presented to the City Council said Engineer’s Report in connection with the proposed levy and collection of assessments upon eligible parcels of land within the District and the City Council did by previous Resolution approve such Engineer’s Report; and,

WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025, to pay for the maintenance and services of improvements and facilities related thereto.

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

Section 1 Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered oral and written statements, protests and communications made or filed by interested persons regarding these matters.

Section 2 Based upon its review of the Engineer’s Report (and amendments, as applicable), the City Council hereby finds and determines that:

 The land parcels within the District will be benefited by the operation, maintenance and servicing of the improvements located within the boundaries of the District; and,

 The District includes the parcels of land so benefited; and,

 The net amount to be assessed upon the parcels of land within the District for the Fiscal Year commencing July 1, 202 4 and ending June 30, 202 5 is apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.

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Section 3 The Engineer’s Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed.

Section 4 The maintenance, operation and servicing of the improvements shall be performed pursuant to the Act. The City Council here by orders the proposed improvements to be made and maintained as set forth in the Engineer’s Report.

Section 5 The City Council has maintained the Wildan Financial Services for the purpose of assisting with the Annual Levy of the District, and is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 2, Section 22646 of the Act.

Section 6 The County Auditor of the County of San Bernardino shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Engineer’s Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the county, the net amount of the levy shall be paid to the City Treasurer.

Section 7 The City Treasurer shall deposit money representing assessments collected by the County for the District to the credit of a fund for the City of Colton Landscape and Lighting Maintenance District No. I, and such money shall be expended only for the mainten ance, operation and servicing of the improvements described in the Engineer’s Report.

Section 8 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025.

PASSED, APPROVED AND ADOPTED THIS 16th DAY OF JULY 2024

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Stephanie M. Vargas
Deputy City Clerk

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Attachment: Exhibit C - Reso. No. R-67-24 LLMD I (4577 : Public Hearing - LLMD I)

ITEM NO. 2

STAFF REPORT

DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL

OF COLTON, CALIFORNIA APPROVING THE ANNUAL
ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR
FISCAL YEAR 2024/2025 & APPROVE AND ADOPT A

RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA,

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS

FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2024/2025,
RESOLUTION NO. R-68-24 & R-69-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Conduct a Public Hearing and approve and adopt the following resolutions for the Landscape Lighting and Maintenance District No. II for Fiscal Year 2024/2025:

1. Resolution No. R-68-24, approving the final Engineer’s Report; and

2. Resolution No. R-69-24, approving and ordering of the levy and collection of assessments for Fiscal Year 2024/2025.

BACKGROUND

In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, the City Council formed a Landscape and Lighting

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July 16, 2024

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Maintenance Assessment District (LLMD). Currently, there are two Landscape Lighting and Maintenance Districts within the City of Colton. Each District provides the services of maintaining lighting, landscaping, and all applicable facilities within its boundaries.

The LLMD II was formed in 2002 with two zones (See Exhibit A for location map). A variable amount is levied in each zone based on the benefit each property type (resident ial, industrial or commercial) receives; a single family residence is used as the basic unit of assessment and is assessed an Equivalent Benefit Unit (EBU) of 1.00. In addition to the EBU, the other determining factor in establishing each zone’s correspon ding assessment is the acreage of each parcel. The costs associated with maintaining the improvements within each zone are distributed equitably to the parcels within the zone proportional to the benefit received by those parcels.

Only parcels that directly benefit from the improvements are assessed.

On June 18, 2013, the City Council determined that street lighting charges be excluded from both LLMD Districts and be considered as part of the City wide services as a matter of public safety.

For irrigation water service charges, Council approved a reduction of cost that is proportional to shared public areas (i.e. medians, parks and other publicly accessible areas that are in the LLMD service areas) to allow the District to catch up on lingering ma intenance issues. The common area is approximately 38% of total LLMD areas. The cost of City owned utilities expense for Fiscal Year 2024/25 is approximately $13,000 for both electricity and water.

ISSUES/ANALYSIS

The Engineer’s Report for FY 2024 /2025 is available for review at the City Clerk’s Office.

Staff is recommending that the City Council authorize the City’s Electric and Water Departments to continue to provide electric and water services and these costs be excluded from the District expenses for the upcoming fiscal year in a same manner as previously approved.

FISCAL IMPACTS

The Engineer’s Report is on file in the Office of the City Clerk, as prescribed by law and identifies the LLMD II operating budget for FY 2024/25 is $164,731 .00. The LLMD II revenue for FY 2024/25 is estimated at $183,690.00.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - LLMD II Map

2. Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report

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Public Hearing - LLMD II
July 16, 2024

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3. Exhibit C - Reso. No. R-69-24 PUBLIC HEARING APPROVING THE LEVY (LLMD II)

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Exhibit A

LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) II MAP

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Attachment: Exhibit A - LLMD II Map (4578 : Public Hearing - LLMD II)

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Attachment: Exhibit A - LLMD II Map (4578 : Public Hearing - LLMD II)

Exhibit B

Resolution R-68-24

APROVING THE FINAL ENGINEER’S REPORT

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RESOLUTION NO. R-68-24

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2024/2025.

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

WHEREAS, the City Council of the City of Colton, California, has, by previous Resolutions, ordered the preparation of the Engineer’s Annual Levy Report (“Engineer’s Report”) for the “Colton Landscape and Lighting Maintenance Assessment District No. II (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”); and,

WHEREAS, there has been presented to this City Council the Engineer’s Report as required by Chapter 3, Section 22623 of said Act as previously directed by Resolution; and,

WHEREAS, this City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the Engineer’s Report, each and all of the budget items and documents as set forth therein, and is satisfied that the assessments, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Engineer’s Report.

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

Section 1 The above recitals are true and correct.

Section 2 The Engineer’s Report as presented, consists of the following:
 A Description of the District and Improvements;
 The Annual Budget (Costs and Expenses of Services, Operations and Maintenance);  A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within said District for Fiscal Year 2024/2025;
 District Assessment Diagrams showing the exterior boundaries of the Assessment District and/or the Benefit Zones therein;
 A Listing of the proposed assessment for each Assessor’s Parcel Number within the District for Fiscal Year 2024/2025.

Section 3 The Engineer’s Report is hereby approved on a preliminary basis pending a public hearing, and ordered to be filed in the O ffice of the City Clerk as a permanent record and to remain open to public inspection.

Section 4 The Engineer’s Report as presented is hereby approved (subject to modifications and amendments directed by the City Council at the Public Hearing) and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection.

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Section 5 The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Engineer’s Report.

PASSED, APPROVED AND ADOPTED this 16th day of July 2024.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Stephanie M. Vargas
Deputy City Clerk

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II) City of Colton

Landscape and Lighting Maintenan ce
District No. II

2024/2025 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: June 18, 2024
Public Hearing: July 16 , 2024

ENGINEER'S REPORT AFFIDAVIT

ENGINEER'S REPORT

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

TABLE OF CONTENTS

I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 2
II. DESCRIPTION OF THE DISTRICT 3
A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES 3
B. DESCRIPTION OF THE DISTRICT BOUNDARIES AND ZONES 3
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 5
D. DESCRIPTION OF SPECIFIC AREAS OF IMPROVEMENT 6
III. METHOD OF APPORTIONMENT 7
A. GENERAL 7
B. BENEFIT ANALYSIS 8
C. ASSESSMENT METHODOLOGY 9
D. ASSESSMENT RANGE FORMULA 12
IV. DISTRICT BUDGETS 13
A. DESCRIPTION OF BUDGET ITEMS 13
B. BUDGET: LLMD DISTRICT 2 15

APPENDIX A – DISTRICT BOUNDARY MAPS 16
APPENDIX B – 2024/2025 COLLECTION ROLL 1

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2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-1 I. OVERVIEW
A. INTRODUCTION
The City of Colton (“City”) annually levies and collects special assessments in order to maintain the improvements within the existing Landscape and Lighting Maintenance Assessment District No. II (“District”). The District was formed in March 2002 and is levied annually pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) and is in compliance with the sub stantive and procedural requirements of the California State Constitution, Article XIIID (“Article XIIID”).

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number by the San Bernardino County Assessor’s Office. The San Bernardino County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll.

The District includes two distinct b enefit zones (“Zones”). Zone One of the District includes the parcels of land within the residential subdivisions developed by John Laing Homes, Pacific Century Homes and Young Homes – Tract 14158; John Laing Homes and Young Homes –Tract 14159; Osborne Dev elopment Co. – Tracts 14391 -1 and 14391 -2; and Young Homes – Tracts 15165-1, 15165-2, 15873, 16025, 16236 and 16315. Zone Two of the District includes the parcels of land within the residential subdivisions developed by Wyn Holmes – Tract 16289; Ralph Herzig – Tract 16249; and N Star Homes – Tract 17187.

On March 5, 2002, the City conducted a property owner protest ballot proceeding relating to the Zone One improvements and services and the related levy and collection of the annual assessments and method o f assessment for Zone One.

At the public hearing, the tabulation of the owner protest ballots did not result in a majority protest regarding the Zone One assessments and the District was approved for formation.

On February 21, 2006, the City conducted a property owner protest ballot proceeding relating to the Zone Two improvements and services and the related levy and collection of the annual assessments and method of assessment for Zone Two. At the public hearing, tabulation of the owner protest ballots did not result in a majority protest regarding the Zone Two assessments and the Zone Two parcels were approved for annexation to the District.

On July 17, 2007, the City conducted a property owner protest ballot relating to the Zone Two improvements and services and the related levy and collection of

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2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-2 the annual assessments and method of assessment for the annexation of Tract 17187 to Zone Two. At the public hearing, the tabulation of the owner protest ballots did not result in a majority protest regardin g the Zone Two annexation and Tract 17187 was approved for annexation to the District.

At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District and the annual levy of assessments. Upon conclusion of the Public Hearing, the City Council will consider all public comments and review the Report. The City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments the Council will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to the 1972 Act. The assessments as approved will be submitted to the San Bernardino County Auditor/Controlle r to be included on the property tax roll for each parcel.

B. COMPLIANCE WITH CURRENT LEGISLATION
On November 5, 1996, California voters approved Proposition 218. The provisions of Proposition 218 are now contained in the California Constitutional Articles XIIIC and XIIID.

In compliance with the provisions of the Article XIIID, the City of Colton conducted a Property Owner Protest Ballot proceeding for the formation of the District and the proposed levy of a new assessment. In conjunction with this ballot pr oceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts).

Since a majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council, by resolution, confirmed the results of the ballot tabulation. The City Council then approved the Report, ordered the formation of the District, and approved the assessment diagram and levy and collection of assessments.

All assessments approved by the City Council have been prepared in accordance with the 1972 Act and are in compliance with the provisions of Article XIIID.

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2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-3 II. DESCRIPTION OF THE DISTRICT
A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES
The purpose of the District is to ensure th e ongoing maintenance, operation and servicing of local landscaping improvements installed in connection with development of properties within the District. These improvements may include but are not limited to materials, equipment, utilities, labor and ap purtenant facilities related to those improvements. The improvements to be maintained and funded entirely or partially through the District assessments generally include the following:

Zone One
 Streetscape landscaping (perimeter parkway and slopes) associa ted with the developments on Meridian Avenue, Randall, San Bernardino Avenue - Olive Street, Pepper Avenue, Cantara Street and Reyes Hernandez Lane.  All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements;
Zone Two
 Streetscape landscaping (perimeter parkway and slopes) associated with the developments on Reche Canyon Road, Crystal Ridge Lane, Shadid Road, and Johnston Street.
 All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements.

B. DESCRIPTION OF THE DISTRICT BOUNDARIES AND ZONES

Zone One
The District’s Zone One consists of the lots, parcels and subdivisions of land located in the residential development areas identified as Tracts 14158, 14159, 14391-1, 14391-2, 15165-1, 15165-2, 15873, 16025, 16236, and 16315.

Zone One is an irregular shape that covers approximately 105 acres, generally located south of Randall Avenue and west of John Juarez Way, and north of San Bernardino Avenue/Olive Street and east of Pepper Avenue.

The Zone One parcels consist of four hundred fifty -four 454 single -family residential lots. The development plans for Zone One include:

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2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-4  Tract 14158 includes lots 1 thru 150, representing approximately thirty nine acres of low density single -family residential housing totaling one hundred and fifty (150) subdivided residential parcels;
 Tract 14159 includes lots 1 thru 15, representing approximately four (4) acres of single -family residential housing totaling fifteen (15) subdivided residential parcels;
 Tract 14391 -1 and 14391 -2 includes lots 1 thru 57 and lots 58 thru 107, representing twenty six acres of single -family residential housing totaling one hundred and seven (107) subdivided residential parcel;  Tract 15165 -1 and 15165 -2 includes lots 1 th ru 57, representing thirteen acres of single -family residential housing totaling fifty seven (57) subdivided residential parcels;
 Tract 15873 includes lots 1 thru 20, representing four acres of single -family residential housing totaling twenty (20) subdivided residential parcels;  Tract 16025 includes lots 1 thru 43, representing seven acres of single - family residential housing totaling forty -three (43) subdivided residential parcels;
 Tract 16236 includes lots 1 thru 20, representing approximately five acres of single -family residential housing totaling twenty (20) subdivided residential parcels;
 Tract 16315 includes lots 1 thru 42, representing approximately nine acres of single -family residential housing totaling forty -two (42) subdivided residential parcels.

Zone Two
The District’s Zone Two consists of the lots, parcels and subdivisions of land located in the residential development areas identified as – Tracts 16289, 16249, and 17187.

Zone Two is an irregular shape that covers approximately one hundred twe nty- seven (127) acres, generally located east of Reche Canyon Road and perpendicular to, as well as northeast of, Shadid Drive, and south of Johnston Street and west of Pennsylvania Avenue, as well as west of Rosedale Avenue.

The Zone Two parcels comprise one hundred sixty -one (161) single-family residential lots and several acres of common area parcels. Currently, one hundred fourteen (114) of these residential lots are being assessed. The development plans for Zone Two include:

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-5  Tract 16289 includes lots 1 thru 92 representing ninety -two (92) single - family residential parcels in addition to approximately 26.60 acres of common area.
 Tract 16249 will include lots 1 thru 47, representing proposed development of forty seven (47) single -family residential parce ls covering approximately forty acres. Tract 16249 will not be assessed for Fiscal Year 2024/2025 due to the current hold in development for the tract.
 Tract 17187 includes lots 1 thru 22, representing approximately four acres of single -family residential housing totaling twenty -two (22) single -family residential parcels.

C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facil ities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, wall s, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
 The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
 The costs of printing, advertising, and the publishing, posting and mailing of notices;
 Compensation payable to the County for collection of assessments;

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-6  Compensation of any engineer or attorney employed to render services;  Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
 Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
 Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
 Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping , including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
 The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

D. DESCRIPTION OF SPECIFIC AREAS OF IMPROVEMENT
Zone One
 Parkway perimeter landscaping (Streetscape) along Meridian Avenue, Randall Avenue, Pepper Avenue San Bernardino Avenue and Olive Street;  Landscaping along John Juarez Way;
 Side yard l andscaping including Altissimo Lane, Campana Court, Solista Circle, Orquesta Court, Poema Dr, Cantara Street, Julian Court, Concepcion, Serenata Street, John Juarez Way, Robert Crites Lane, and Del Giorgio Drive;
 Weed abatement and clean up of the Southern California Edison easement that bisects the development from Pepper Avenue to John Juarez Way;
 Weed abatement and clean up of 4.7 acre City owned parcel located along Meridian Avenue, north of San Bernardino Avenue.

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-7 Zone Two
 Maintenance of landscaping a nd irrigation system for westerly and easterly parkways of Reche Canyon Road;
 Maintenance of landscaping and irrigation system on Crystal Ridge Lane parkways and medians within the 68 -foot right -of-way extending from Reche Canyon Road to Tiffany Way;
 Weed abatement, land maintenance of landscaping and irrigation system on lots A, B, C, D, and E of Tract 16289;
 Maintenance of detention basin including removal of debris and weed abatement on lot A of Tract 16249,
 Maintenance of landscaping and irrigation system on lot B of Tract 16249.  Maintenance of landscaping and irrigation system for parkways and medians extending within the 80-foot right-of-way along Reche Canyon.  Maintenance of landscaping and irrigation system for parkways and medians extending along the 220-foot right-of-way along Johnston Street.

III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenanc e, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an asse ssment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”

The formula used for calculating assessments reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-8 In addition, pursuant to the Article XIIID Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and provides that only special benefits may be assessed.

B. BENEFIT ANALYSIS
Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of Article XIIID and 1972 Act. The improvements associated with this District have been identified as necessary, required and/or desired for the orderl y development of the properties within the District to their full potential, consistent with the proposed development plans and applicable portions of the City General Plan. As such, these improvements would be necessary and required of the property owners for the development of such properties and the ongoing operation, servicing, and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are of special benefit to the properties.

The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives special benefit from the improvements. The desirability a nd security of properties is enhanced by the presence of well-maintained landscaping in close proximity to those properties.

The special benefits associated with the landscaping improvements are specifically:
 Improved aesthetic appeal of properties providi ng a positive representation of the area and properties.
 Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
 Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
 Increased sense of pride in ownership of property within the District resulting from well -maintained improvements associated with the properties.
 Enhanced quality of life through well -maintained green belts and landscaped areas.
 Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities including abatement of graffiti.

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-9  Enhanced environmental quality of the parcels by moderatin g temperatures, providing oxygenation and attenuating noise.

The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. The improvements are for the special benefit, enhancement and use of properties within the District.

Although the improvements include public easements, right -of-ways, streets and other amenities available or visible to the public at large, the construction and installation of these improvements are only necessa ry for the development of properties within the District and are not required nor necessarily desired by any properties or developments outside the District boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large.

C. ASSESSMENT METHODOLOGY
The method of apportionment for the District calculates the receipt of special benefit from the respective zone improvements based on t he actual or proposed land use of the parcels within the zone. The special benefit received by each lot or parcel in a zone is equated to the overall land use of the parcel based on the parcel’s actual land use or proposed planned development and is relian t upon the special benefit received from the improvements planned within the zone.

To identify and determine the special benefit to be received by each parcel and their proportionate share of the zone improvements it is necessary to consider the entire sco pe of the planned improvements as well as individual property development within the zone. Upon review of the proposed improvements it has been determined that each parcel benefits from the improvements and based on the planned property development a maximum assessment was established.

The net amount to be assessed upon parcels within each zone is apportioned by a formula and method that fairly distributes the net amount to be assessed among the assessable zone parcels in proportion to the special benefits to be received by each parcel from the improvements pursuant to the 1972 Act.

The costs associated with the zone improvements shall be fairly distributed among the zone parcels based upon the special benefit received by each parcel.

Additionally, in compl iance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both t he zone improvements that benefit the parcels within each zone as well as the proposed land use of each property as compared to other parcels that benefit from those specific zone improvements.

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-10

Equivalent Benefit Units:

To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within each zone.

The Equivalent Benefit Unit method of assessment apportionment uses the single-family home site as the basic unit of asse ssment. A single -family home site equals one Equivalent Benefit Unit (“EBU”). The other land uses are converted to EBUs based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single-family home site.

The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from t he improvements are apportioned as a function of land use type, size and development.

EBU Application by Land Use:

Single Family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value against which other properties are compared and weighted (i.e. relative benefit compared to a SFR).

Multifamily Residential — This land use is defined as a fully subdivided residential parcel t hat has more than one residential unit developed on the property. This land use is assessed 1.0 EBU per unit.

Planned-Residential Development — This land use is defined as any property not fully subdivided with a specific number of proposed residential lot s to be developed on the parcel. This land use type is assessed at 0.66 EBU per planned residential unit.

Vacant — This land use is defined as property currently zoned as vacant with no plans for development. This land use is assessed at 1.0 EBU per acre o r portion thereof. Parcels less than 1 acre are assigned a minimum of 1.0 EBU. Parcels over 50 acres are assigned a maximum of 50 EBU.

Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.00 EBU. This land use classification may include but is not limited to lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, rights -of-way, public greenbelts and parkways; utility rights -of-ways; co mmon areas, sliver parcels and bifurcated lots or any other property that cannot be developed, publicly owned properties that are part of the District improvements or that have

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-11 little or no improvement value. These types of parcels are considered to receiv e little or no benefit from the improvements and are therefore exempted from assessment.

The following table provides a listing of land use types, the Equivalent Benefit Unit factor applied to that land use type, and the multiplying factor used to calculate each parcel’s individual EBU.

Land Uses and Equivalent Benefit Units

Property Type Equivalent Benefit
Unit
Multiplier
Single Family Residential 1.000 Per Unit / Lot Parcel
Multi Family Residential 1.000 Per Unit
Planned Residential
Development

0.660 Per Planned Residential
Lot
Vacant 1.000 Per Acre
Exempt 0.000 Per Parcel

The benefit formula applied to parcels within each zone is based on the preceding Equivalent Benefit Unit table. Each parcel's EBU correlates the parcel’s special benefit rece ived as compared to the other zone parcels benefiting from the zone improvements.

The following formula is used to calculate each parcel’s EBU (proportional benefit).

Property Type EBU x Acres or Units = Parcel’s EBU

The total number of zone EBUs is the sum of the individual EBUs applied to a zone’s parcels that receive special benefit from the zone’s improvements. A zone assessment amount per EBU (“Zone Rate”) for the improvements is established by taking the total cost of the zone’s improvements and div iding that amount by the total number of EBUs of that zone’s parcels benefiting from the zone improvements. This Zone Rate is then multiplied by each zone parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the zone’s improvements.

Total Zone Balance to Levy / Total Zone EBU = Zone Rate per EBU

Zone Rate per EBU x Parcel’s EBU = Parcel’s Levy Amount

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-12 D. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).

The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to th e District costs and assessments. As part of the District formation, balloting of property owners is required pursuant to the Article XIIID Section 4. The property owner ballots include an Assessment to be approved, as well as the approval of an assessment range formula.

The assessment range formula shall be applied to the future assessments within each zone of the District. Generally, if the proposed annual zone assessment (Zone Rate per EBU) for the current fiscal year is less than or equal to the calculated Maximum Assessment for the zone, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment for the zone is equal to the initial assessment rate approved by zone property owners increased annually by three percent (3%).

Beginning in FY 2003/2004 for Zone One and FY 2007/2008 for Zone Two, and each fiscal year thereafter, the Maximum Assessment for the zone will be recalculated and a new Maximum Assessment established.

The Maximum Assessment is adjusted annual ly and is calculated independent of the zone’s annual budget and proposed annual assessment. Any proposed annual assessment less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year.

Although the Maximum Assessment will increase each year, the actual zone assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on zone assessments.

The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjusted maximum amount. If the budget and assessments for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-13 additional property owner balloting. If the budget and assessments calculated requires an increase greate r than the adjusted Maximum Assessment then the assessment is considered an increased assessment.

To impose an increased assessment, the City must comply with the provisions of the Article XIIID Section 4c, that requires a public hearing and certain prote st procedures including mailed notice of the public hearing and property owner assessment balloting. Property owners through the balloting process must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Ass essment is established for the District. If the proposed assessment is not approved, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for the District.

IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The following is a brief description of the costs associated with the improvements and services funded through the District.

Direct Costs — Includes the regularly scheduled labor, contracted labor, and general maintenance cost including wages, salaries, benef its, materials, supplies, (e.g. pipe, fertilizer, insecticides, fuel, cleaning material etc.), and equipment, (e.g. communication, small tools, rentals, machinery etc.) required to properly maintain and ensure the satisfactory condition of the improvements and appurtenant facilities. Include the furnishing of water and electricity required for the operation and maintenance of the improvements and facilities. The improvements within the District are maintained and serviced on a regular basis.

The frequency a nd specific maintenance operations required within the District are determined by City staff, but are generally scheduled bi -weekly for planters and weekly for mowing.

Professional Services — May include the administrative and professional service costs associated with the coordination of District services and operations including response to public concerns and education and procedures associated with the levy and collection of assessments. This budget item also includes the costs of contracting with pro fessionals to provide administrative, legal or engineering services specific to the District.

County Administration Fee — This is the cost to the District for the County to collect assessments on the property tax bills.

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-14 Miscellaneous Administration Expe nses — Includes the minor costs of items such as copying and telephone charges attributed to the District.

Reserve Fund Replenishment / (Contribution) — Includes funds being added to the Reserve Account for the current fiscal year. The Reserve Account provides for collection by the District of funds to operate the District from the time period of July 1 (beginning of the fiscal year) through December when the County provides the City with the first installment of assessments collected from the property tax bills. The Reserve Account eliminates the need for the City to transfer funds from non -district accounts to pay for District charges during the first six (6) months of the fiscal year.

Capital Improvement Fund Collection — This item includes repairs to th e improvements and facilities that are not included in the yearly maintenance costs. This may include repair of damaged amenities due to vandalism, storms, etc. Also included may be planned upgrades or replacements of the improvements and equipment that provide a direct benefit to the District.

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II) LLMD DISTRICT NO. 2 BUDGET

DIRECT COSTS
Salaries Wages and Overtime $13,017 $9,132 22,149.00 $
Fringe Benefits $5,605 $3,932 9,537.00 $
Uniform & Safety Equipment $588 $412 1,000.00 $
Miscellaneous Equipment Maintenance $118 $82 200.00 $
Permits/Legal Printing $1,264 $886 2,150.00 $
Building Maintenance $0 $0 - $
Contract Services $55,831 $39,169 95,000.00 $
Utilities $7,640 $5,360 13,000.00 $
Operating Supplies/Equipment $294 $206 500.00 $
Total Direct Costs $84,355 $59,181 143,536.00$

LEVY ADJUSTMENTS
Professional Services $4,114 $2,886 7,000.00 $
Alloc From Other Depts. $8,342 $5,853 14,195.00 $
Capital Improvement Fund Collection $0 $0 - $
Reserve Activity Collection/Contribution) $0 $0 - $
Total Levy Adjustments $12,456 $8,739 21,195.00$
Balance to Levy $96,810.95 $67,920.05 $164,731.00

DISTRICT STATISTICS
Total Equivalent Benefit Units (EBU) 454 114 568

GENERAL INFORMATION
Levy per EBU 234.68 655.68
Maximum Levy per EBU 234.68 655.68 Maximum Levy $106,543 $74,747 181,290.00 $
Prior Year's Levy per EBU 227.85 636.59 Prior Year's Maximum Levy per EBU 227.85 636.59

RESERVE INFORMATION
Reserve Fund Activity FY-2024/2025 $9,732 $6,827 $16,559 FISCAL YEAR 2024/2025

BUDGET BY ZONE
Budget Items Total Budget Zone 1 Zone 2
City of Colton
Landscape and Lighting Maintenance District No.2
Fiscal Year 2024/2025 Budget and Applied Levy

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-16 APPENDIX A – DISTRICT BOUNDARY MAPS

The parcels within Zone One of the District consist of the lots, parcels and subdivisions of land located in the development areas identified as Tract, 14158,14159, 14391 -1, 14391-2,15165-1, 15165-2, 15873, 16025, 16236, and 16315. The parcels within Zone Two of the District consist of the lots, parcels and subdivisions of land located in development areas identified as Tracts 16289, 16249, and 17187. The lines and dimensions of each lot or parcel are those shown on the San Bernardino County Assessor's maps.

The Assessment Diagrams for the District have previously been submitted to the City Clerk in the format required under the Act and are, by reference, made part of this Report. The boundary maps are available for inspection at the office of the City Cle rk during normal business hours.

For general reference purposes, renderings of the District and Zone Boundaries are presented herein.

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2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-17

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2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-18

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2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-19 Zone Two Tract 16289

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-20

Zone Two Tract 16249

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

2024/2025 Landscape and Lighting Maintenance Assessment District No. II Page A-21 Zone Two Annexation - Tract 17187

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2024/2025 Landscape and Lighting Maintenance District No. II Page B-1

APPENDIX B – 2024/2025 COLLECTION ROLL
Parcel identification for each lot or parcel within the District and Zones shall be the assessor parcel number as shown on the San Bernardino County Assessor's map for the year in which this Report is prepared.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights - of-ways; common areas (such as in condominium complexes); landlocked parcels, small parcels vacated by the County, bifurcated lots, any other property that cannot be developed; and park properties and other publicly owned, government -owned, public utility-owned properties that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.

The land use classification for each parcel is based on the Sa n Bernardino County Assessor’s Roll. A listing of parcels assessed within this District, along with the proposed assessment amounts, has been submitted to the City Clerk and is made part of this Report beginning on the following page.

Approval of the Repor t (as submitted or as modified) confirms the method of apportionment and the assessment rate to be levied against each eligible parcel and thereby constitutes the approved levy and collection of assessments for FY 2024/2025 The listing of parcels and the a mount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in FY 2024/2025.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an inva lid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the app roved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

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Attachment: Exhibit B - Reso. No. R-68-24 Approving the Engineer's Report (4578 : Public Hearing - LLMD II)

Exhibit C

Resolution R-69-24

PUBLIC HEARING ORDERING THE LEVY

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RESOLUTION NO. R-69-24

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

LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2024/2025.

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

WHEREAS, the City Council of the City of Colton, California, has, by previous Resolutions, initiated proceedings for the Colton Landscape and Lighting Maintenance Assessment District No. II (“District”), declared its intention to levy assessments for Fiscal Year 202 4/2025, and approved the Engineer’s Annual Levy Report (Engineer’s Report) that describes the assessments against parcels of land within for the Fiscal Year commencing July 1, 202 4 and ending June 30, 2025, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, (commencing with Section 22500) (“Act”) to pay for the maintenance services of improvements and facilities related thereto; and,

WHEREAS, the Engineer’s Report has been prepared and filed with the City Clerk, and the City Clerk has presented to the Cit y Council said Engineer’s Report in connection with the proposed levy and collection assessments upon eligible parcels of land within the District and the City Council did by previous Resolution approve such Engineer’s Report, and;

WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025, to pay for the maintenance and services of improvements and facilities related thereto.

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

Section 1 Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered oral and written statements, protests and communications made or filed by interested persons regarding these matters.

Section 2 Based upon its review of the Engineer’s Report (and amendments, as applicable), the City Council hereby finds and determines that:

 The land parcels within the District will be benefited by the operation, maintenance and servicing of the improvements located within the boundaries of the District; and,

 The District includes the parcels of land so benefited; and,

 The net amount to be assessed upon the parcels of land within the District for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025 is apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.

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Section 3 The Engineer’s Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed.

Section 4 The maintenance, operation and servicing of the improvements shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made and maintained as set forth in the Engineer’s Report.

Section 5 The City Council has maintained Wildan Financial Services for the purpose of assisting with the Annual Levy of the District, and is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act.

Section 6 The County Auditor of the County of San Bernardino shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Engineer’s Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

Section 7 The City Treasurer shall deposit money representing assessments collected by the County for the District to the credit of a fund for the City of Colton Landscape and Lighting Maintenance District No. II, and such money shall be expen ded only for the maintenance, operation and servicing of the improvements described in the Engineer’s Report.

Section 8 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025.

PASSED, APPROVED AND ADOPTED THIS 16th DAY OF JULY 2024.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Stephanie M. Vargas
Deputy City Clerk

1.2.c
Packet Pg. 81
Attachment: Exhibit C - Reso. No. R-69-24 PUBLIC HEARING APPROVING THE LEVY (LLMD II) (4578 : Public Hearing - LLMD II)

ITEM NO. 3

STAFF REPORT

DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: TIME AND PLACE TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF COLTON, CALIFORNIA APPROVING THE BASIC

FEE FOR STORM WATER SERVICES AND THE STORM WATER
MANAGEMENT USER FEE FOR FISCAL YEAR 2024/2025 AS
PROVIDED FOR IN CHAPTER 14.01 OF THE COLTON MUNICIPAL
CODE, RESOLUTION NO. R-70-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Conduct a Public Hearing and adopt Resolution No. R-70-24 approving the Basic Fee for Storm Water Services and the Storm Water Management User Fee for Fiscal Year 2024/2025, as provided for in Chapter 14.01 of the Colton Municipal Code.

2. Approve the San Bernardino County, Auditor -Controller/Treasurer/Tax Collector – Agreement for Collection of Special Taxes, Fees, and Assessments for Fiscal Year 2024 - 2025 and authorize the City Manager to execute the agreement.

BACKGROUND

As a result of a State requirement issued by the California Regional Water Quality Control Board, the County of San Bernardino drafted the National Pollutant Discharge Elimination System (NPDES) Implementation Agreement. This Agreement was entered into between all the Co-Permitees (cities) listed in the Permit issued by the State to the County of San Bernardino to oversee the National Pollutant Discharge Elimination System (NPDES). This Ag reement was originally executed in October 1990 and an updated version was subsequently approved on

1.3 Packet Pg. 82
Staff Report to the Mayor and City Council
Public Hearing - Stormwater Fee
July 16, 2024

Page 2 ends

March 15, 2022. Through the San Bernardino County Flood Control District, an NPDES Storm Water Permit was issued with 16 incorporated cities (including Colton) as Co-Permitees.

Implementation of this Permit requires the City to perform regular inspections and water quality monitoring. These services are funded as authorized by Chapter 14.01 of the City’s Municipal Code. Each property owner is assessed a Storm Water Management Fee based upon the land use and size of the property. The average residential Storm Water Management Fee for FY 24/25 is $24.13 (similar from last year). In order for the City to charge these fees, the County requires that the fee s be submitted to the City Council for approval each year. The City Council must also hold a public hearing each year for all affected property owners.

ISSUES/ANALYSIS

There is no increase in either of the “Basic Fee for Storm Water Services” or “Storm Water Management User Fee.” The fees that will be collected this year will fund the Storm Water Program for FY 2024/2025, which includes the City’s operational costs for permits, storm drain cleaning and repair, NPDES inspections and litter control. The proposed storm water fee for each individual parcels is attached as Exhibit A on Resolution R -70-24. The public hearing notice was published accordingly.

The agreement for Collection of Special Taxes, Fees, and Assessments for Fiscal Year 2024 - 2025 with the County of San Bernardino identifies each agency’s responsibilities in the collection of the storm water fees.

FISCAL IMPACTS

Approving the Basic Fee for Storm Water Services and placement of the fee on the tax roll will ensure the City collects revenues necessary to support the City’s NPDES Storm Water Program.

The FY 2024-25 adopted revenues are estimated to be $682,019.00 and will be expended to fund the City’s NPDES Storm Water Program as mandated by Federal and State regulations. The City’s est imated Storm Water Program expenditures per FY 2024 -25 adopted budget is $934,014.00.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Resolution - Storm Water Fee Approval

2. Exhibit A - FY 2425 Colton Stormwater

3. Exhibit B - FY 2425 Colton Billing Agreement

1.3 Packet Pg. 83

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RESOLUTION NO. R-70-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA

APPROVING THE BASIC FEE FOR STORM WATER SERVICES AND THE STORM WATER MANAGEMENT USER FEE FOR FISCAL YEAR 20 24/2025 AS PROVIDED FOR IN CHAPTER 14.01 OF THE COLTON MUNICIPAL CODE.

WHEREAS, Section 14.01.050 of the Colton Municipal Code authorizes the City Council to establish a Basic Fee for Storm Water Services and a Storm Water Management User Fee in accordance with the formula established in that Section 14.01.050; and

WHEREAS, after consideration of factors necessary to establish a Basic Fee for Storm Water Services and the Storm Water Management User Fee at a duly noticed public hearing, the City Council has es tablished the Basic Fee for Storm Water Services and the Storm Water Management User Fee by Resolution R-89-96; and

WHEREAS, the basic fee and formula of the established Storm Water Management Fee remain unchanged and San Bernardino County land use codes now apply.

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

SECTION 1 The Basic F ee for Storm Water Services and the Storm Water Management User Fee authorized pursuant to Section 14.01.050 of the Colton Municipal Code shall be based upon land use and parcel size as they relate to the generation of Storm Water runoff as set forth in th e table attached hereto and incorporated herein by this reference as Exhibit “A”; and

SECTION 2 These fees shall be billed through the San Bernard ino County tax assessors system; and

SECTION 3 The fees set forth on Exhibit “A” are hereby imposed on all properties within the City.

PASSED, APPROVED AND ADOPTED this 16th day of July 2024.

_______________________________
FRANK J. NAVARRO
Mayor
ATTEST:

_____________________________
STEPHANIE M. VARGAS
Deputy City Clerk

1.3.a
Packet Pg. 84
Attachment: Resolution - Storm Water Fee Approval (4579 : Public Hearing - Stormwater Fee) FY 2023-24 Rate: $24.13 per Basic Benefit Unit (BBU)
FY 2024-25 Rate: $24.13 per Basic Benefit Unit (BBU)
Stormwater Management Use Fee Equals: (BBU Rate) x (No. of BBUs per Billed Parcel) Basic Benefit Unit (BBU) Calculation (a)
1) Single Family Residential Land Use (Stormwater Group C) a. Parcel Size of 0.1667 Acres or Less: 1.0 BBU Regardless of Specific Acreage: Runoff Factor is 0.40 b. Parcel Size Portion 0.167 to 2.50 Acres: Runoff Factor is 0.0067 BBU equals 1.0 + (Parcel Acreage - 0.167 Acres) x 0.10
c. Parcel Size Portion Greater Than 2.5 Acres: Runoff Factor is 0.0033 BBU equals 1.23 + (Parcel Acreage - 2.5 Acres) x 0.05
2) Other (All Other Land Use Codes and Stormwater Groups ) Number of BBUs equals Parcel Size in Acres x BBUs per Acre per Stormwater Group (as listed below) Runoff
Coefficient (b)
Basic Benefit
Units per Acre
Group A - Commercial/Industrial 0.80 12.00
Group B - Multi-family Dwellings, 0.60 9.00
Churches and Schools
Group C - Single Family Residential
Group D - Agriculture/Govern/Public 0.000 0.00
Group E - Golf Courses/Cemeteries 0.0067 0.10
Group F - Vacant/Undeveloped 0.0033 0.05
No parcel is charged for fees less than $1.
(a) The BBU calculation is based on the County Flood Control Division allocation method for County-wide communities. The BBU is based on a typical Single Family Residential parcel of 0.167 acres. (b) The land use runoff coefficients are based on NPDES program criteria by County Flood Control, on City property.

EXHIBIT A
STORMWATER FEES - FY 2024-25
Stormwater Group Description San Bernardino County Land Use Code Varies - See (1) Above
100, 101, 102, 103, 104, 105, 106, 107, 109,
110, 111, 112, 113, 114, 115, 116, 117,
118, 119, 140, 141, 142, 143, 150, 151, 152,
153, 161, 162, 163, 164, 170, 171, 172, 173,
174, 180, 210, 211, 212, 230, 231, 232, 233,
235 251, 252, 300, 301, 302, 303, 304, 305,
306, 307, 308, 309, 310, 311, 312, 313, 314,
315, 316, 320, 321, 322, 330, 331, 332, 333,
334, 340, 341, 342, 343, 344, 345, 346, 347,
350, 351, 352, 353, 354, 360, 361, 362, 363,
364, 365, 370, 371, 372, 373, 374, 375, 376,
377, 378, 379, 380, 381, 382, 383, 384, 385,
387, 388, 390, 391, 392, 393, 399, 435, 799,
812, 813, 814, 815, 816, 817, 819, 823, 824,
825, 826, 827, 829, 834, 835, 836, 837, 839,
845, 846, 847, 849, 856, 857, 859, 867, 869,
879, 888, 907, 950, 951, 953
001, 335, 336, 337, 389, 400, 470, 471, 472,
473, 474, 475, 476, 477, 478, 479, 480, 481,
482, 483, 520, 521, 522, 523, 524, 525, 526,
530, 531, 532, 600, 601, 602, 603, 604, 605,
610, 611, 612, 613, 620, 621, 622, 623, 630,
631, 640, 641, 642, 643, 650
510, 511, 512, 513, 514, 533, 534, 535, 599
002, 003, 160, 236, 253, 348, 420, 421, 430, 431,
432, 433, 434, 436, 701, 702, 710, 711, 712, 713,
714, 720, 721, 722, 730, 731, 732, 733, 734, 735,
736, 737, 750, 751, 752, 753, 760, 761, 762, 763,
764, 765, 766, 767, 768, 769, 770, 771, 772, 773,
774, 775, 776, 778, 900, 901, 902, 903, 904, 905,
906, 952, 908, 999
385, 386, 410, 411
000, 004, 041

1.3.b
Packet Pg. 85
Attachment: Exhibit A - FY 2425 Colton Stormwater (4579 : Public Hearing - Stormwater Fee) Land Use Code
SW
Group BBU/Acre Land Use Total Acres Total Parcels Total Fees (1)(2)(3) 0000 F 0.05 Vacant Land 2,329.57 421.00 2,501.21
0001 B 9.00 MH Subdivision Lot 2.07 23.00 449.65
0002 D 0.00 Water Well Site 2.21 1.00 0.00
0003 D 0.00 Improvements Associated APN 45.42 35.00 0.00 0004 F 0.05 Unimproved Cemetery Land 39.01 11.00 45.89
0100 A 12.00 Storage Warehouse 71.51 68.00 20,098.99
0101 A 12.00 Distribution Warehouse 198.91 23.00 57,596.39 0102 A 12.00 Transit Warehouse 43.35 4.00 12,553.00
0103 A 12.00 Mini-Storage Warehouse 6.90 3.00 1,997.96
0104 A 12.00 Storage Building 10.07 8.00 2,915.87
0105 A 12.00 Lumber Storage 0.77 1.00 222.96
0106 A 12.00 Storage Yard 15.79 2.00 4,572.15
0107 A 12.00 Cold Storage Facility 50.75 4.00 14,695.18 0109 A 12.00 Industrial Flex 7.27 3.00 2,105.10
0110 A 12.00 Industrial Loft 42.87 18.00 12,413.44
0111 A 12.00 Industrial Condo 0.71 7.00 205.59
0112 A 12.00 Engineering/Research Lab 5.05 1.00 1,462.28 0113 A 12.00 Light Industrial 232.13 80.00 67,215.00
0114 A 12.00 Heavy Industrial 38.62 2.00 11,182.81
0115 A 12.00 Food Processing 36.82 6.00 10,660.15
0161 A 12.00 Electric Power Plant 12.24 2.00 0.00
0171 A 12.00 Water Distribution Systems 0.01 1.00 2.90
0210 A 12.00 General Office 49.86 57.00 11,993.59
0211 A 12.00 Bank, S&L 2.73 5.00 790.50
0230 A 12.00 Medical Office 15.32 14.00 3,611.38
0231 A 12.00 Dental Office 0.00 0.00 0.00
0235 A 12.00 Outpatient Surgical Center 2.17 1.00 628.35 0253 D 0.00 Mortuary 29.08 1.00 0.00
0300 A 12.00 Retail Store 46.93 83.00 13,553.46
0301 A 12.00 Retail Warehouse 9.28 3.00 2,687.11
0302 A 12.00 Discount Store 30.21 5.00 8,747.62
0303 A 12.00 Department Store 0.00 0.00 0.00
0304 A 12.00 Retail Strip 33.44 28.00 9,682.31
0305 A 12.00 Shopping Center 13.42 3.00 3,885.90
0308 A 12.00 Barber/Beauty Shop 0.14 1.00 40.54
0310 A 12.00 Dairy Sales 0.00 0.00 0.00
0312 A 12.00 Convenience Store 1.06 3.00 306.93
0313 A 12.00 Convenience Store w/Gas 10.97 13.00 3,175.90 0314 A 12.00 Market 2.79 10.00 807.88
0315 A 12.00 Supermarket 21.42 6.00 6,202.95
0320 A 12.00 Fast Food 19.89 35.00 5,760.19
0321 A 12.00 Restaurant 7.57 14.00 2,191.97
0322 A 12.00 Bar, Tavern 1.90 2.00 550.16
0330 A 12.00 Hotel 7.10 4.00 2,055.87
0331 A 12.00 Motel 4.89 5.00 1,415.94
0334 A 12.00 Convalescent Hospital 9.49 1.00 2,747.63
0337 B 9.00 Assisted Living Facility 1.26 1.00 274.29
0340 A 12.00 Car Lot 1.70 6.00 492.25
0341 A 12.00 Auto Showroom 3.09 2.00 894.74
0342 A 12.00 Auto Dealership (Sales, Svc) 25.51 7.00 7,386.68 0343 A 12.00 Service Station 1.01 3.00 292.46
0344 A 12.00 Service Garage 18.63 32.00 5,394.51
0345 A 12.00 Mini-lube Garage 1.28 2.00 370.64
0346 A 12.00 Car Wash, Coin-op 1.20 4.00 347.47
0347 A 12.00 Car Wash, Automatic 0.38 1.00 110.03
0348 D 0.00 Truck Wash 0.00 0.00 0.00
0350 A 12.00 Parking Lot 21.41 29.00 6,199.78
0351 A 12.00 Auto Storage Yard 3.30 4.00 955.54
0376 A 12.00 Handball/Racquetball 0.00 0.00 0.00
0386 E 0.10 Golf Course 52.00 1.00 125.48
0388 A 12.00 Clubhouse 3.18 6.00 920.81

CITY OF COLTON
FY 2024-2025 STORMWATER MANAGEMENT FEES

1.3.b
Packet Pg. 86
Attachment: Exhibit A - FY 2425 Colton Stormwater (4579 : Public Hearing - Stormwater Fee) Land Use Code
SW
Group BBU/Acre Land Use Total Acres Total Parcels Total Fees (1)(2)(3)

CITY OF COLTON
FY 2024-2025 STORMWATER MANAGEMENT FEES
0389 B 9.00 Fraternal/Veterans Organization 0.84 2.00 182.42 0391 A 12.00 Amusement/Theme Park 5.50 3.00 1,592.58
0393 A 12.00 Travel Center 4.40 1.00 1,274.06
0400 B 9.00 Religious Structure 39.78 37.00 8,639.04
0410 E 0.10 Cemetery 47.06 7.00 113.57
0470 B 9.00 Educational 8.11 7.00 1,761.24
0471 B 9.00 Pre-School/Day Care Center 0.18 1.00 39.09
0472 B 9.00 Elementary School 3.81 5.00 827.42
0474 D 0.00 College/County of San Bernardino 11.24 3.00 1,384.67 0510 C Varies Detached SFR 1,707.78 8,618.00 208,889.52 0511 C Varies Recreational Desert/Mtn Cabin 0.20 1.00 24.21 0514 C Varies Residence on Commerical 18.96 99.00 2,398.00 0520 B 9.00 MH on Fee Land, Not in MH Subdivision 0.17 1.00 36.92 0522 B 9.00 MH, In-Park (Leased Land) 3.93 131.00 0.00
0523 B 9.00 MH Accessories, In-Park (Leased Land) 0.00 0.00 0.00 0524 B 9.00 MH, Dealer Inventory 0.00 0.00 0.00
0525 B 9.00 MH (525) 0.18 2.00 39.10
0526 B 9.00 MH Permanent Foundation 23.23 239.00 5,045.95 0530 B 9.00 Condo 12.77 650.00 2,771.96
0531 B 9.00 PUD 13.94 329.00 3,027.76
0532 B 9.00 PUD, Deminimus 11.19 139.00 2,429.91
0599 C Varies Misc Residential Structure 39.97 10.00 225.64 0600 B 9.00 Two SFR 57.70 254.00 12,530.80
0601 B 9.00 Three SFR 3.63 9.00 788.75
0602 B 9.00 Four SFR 2.08 6.00 451.71
0603 B 9.00 Duplex 20.19 106.00 4,384.76
0604 B 9.00 Triplex (true or combination) 11.00 52.00 2,359.35 0605 B 9.00 Quad (true or combination) 20.96 85.00 4,552.49 0610 B 9.00 Multi-SFR, 5-14 Units 1.78 6.00 386.57
0611 B 9.00 Apartment, 5-14 Units 8.15 19.00 1,769.75
0621 B 9.00 Apartment, 15+ Units 126.54 24.00 27,085.45 0623 B 9.00 Senior Citizen APT, 15 Units AND UP 3.23 1.00 701.46 0631 B 9.00 Gov't Assisted Apt (HUD, 236, Etc.) 31.49 5.00 6,838.68 0640 B 9.00 Rectory/Convent 0.34 1.00 73.84
0650 B 9.00 Manufactured Home Park 82.01 5.00 17,810.11 0799 A 12.00 Miscellaneous Ag Building 0.23 1.00 66.60
0813 A 12.00 Industrial/Commercial 6.67 2.00 1,931.36
0835 A 12.00 Commercial/Single Family Residential 0.13 1.00 37.64 0836 A 12.00 Commercial/Multi Family 0.17 1.00 49.23
0903 D 0.00 Common Area, Greenbelt 4.78 19.00 0.00
0904 D 0.00 Miscellaneous 5.10 14.00 0.00
0905 D 0.00 Common Area, Street 2.01 10.00 0.00
0908 D 0.00 Common Area, C/I 0.17 2.00 0.00
0999 D 0.00 Check 2.76 5.00 0.00
TOTALS 5,990.03 12,029 $650,018.99
(3) Charge Roll on file with City Clerk.
(1) Slight variance due to rounding.
(2) The information provided is subject to change as a result of parcel changes and updates received from the County. The totals above include all parcels in the District (charged and not charge parcels)

1.3.b
Packet Pg. 87
Attachment: Exhibit A - FY 2425 Colton Stormwater (4579 : Public Hearing - Stormwater Fee) 1 of
3 AGCY____

AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR

AGREEMENT FOR COLLECTION OF SPECIAL

TAXES, FEES, AND ASSESSMENTS
FISCAL YEAR 2024-25
TH
IS AGREEMENT is made and entered into this _____ day of _________________, 2024, by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as “County” and the_______________________________, hereinafter referred to as “City”.

W
ITNESSETH:

WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fees, or assessments for any city, school district, special district, zone or improvement district thereof; and WHEREAS, the City and County have determined that it is in the public interest that the County, when requested by City, collect on the County tax rolls the special taxes, fees, and assessments for City.

NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:

1. County agrees, when requested by City as hereinafter provided to collect on the County tax rolls the special taxes, fees, and assessments of City, and of each zone or improvement district thereof.

2. When County is to collect City ’s special taxe s, fees, and assessments, City agrees to notify in writing the Auditor -Controller (2 68 W. Hospitality Lane, 4 TH floor, San
Bernardino, CA 92415) of the County on or before the 10 th day of August of each fiscal year of the Assessor’s parcel numbers and the amount of each special tax, fee, or assessment to be so collected. Any such notice, in order to be effective, must be received by the Auditor - Controller by said date.

3. County m ay charge City an amount per parcel for each special tax, fee, or assessment that is to be collected on the County tax rolls by the County for the City , not to exceed County’s actual cost of collection.

4. City warrants that the taxes, fees, or assessment s imposed by City and
c
ollected pursuant to this Agreement comply with all requirements of state law, including but not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218).

5. City hereby releases and forever discharges County and its officers, agents , and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of City ’s responsibility under this

1.3.c
Packet Pg. 88
Attachment: Exhibit B - FY 2425 Colton Billing Agreement (4579 : Public Hearing - Stormwater Fee)

2 of 3
AGCY____
agreement, or other action taken by City in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees or assessments as contemplated in this agreement.

6. The County Auditor -Controller has not determined the validity of the taxes or assessments to be col lected pursuant to this contract, and the undersigned City hereby assumes any and all responsibility for making such a determination. The undersigned City agrees to indemnify, defend, and hold harmless the County and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract or the imposition of the taxes or assessments collected pursuant to this contract, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. If any judgment is entered against County or any other indemnified party as a result of action taken to implement this Agreement, City agrees that County may offset t he amount of any judgment paid by County or by any indemnified party from any monies collected by County on City’s behalf, including property taxes, special taxes, fees, or assessments. County may, but is not required to, notify City of its intent to implement any offset authorized by this paragraph.

7. City agrees that its officers, agents and employees will cooperate with County by answering inquiries made to City by any person concerning City ’s special tax, fee, or assessment, and City agrees that is officers, agents , and employees will not refer such individuals making inquiries to County officers or employees for response.

8. City shall not assign or transfer this agreement or any interest herein and any such assignment or transfer o r attempted assignment or transfer of this agreement or any interest herein by City shall be void and shall immediately and automatically terminate this agreement

9. This agreement shall be effective for the 2024-25 fiscal year.

10. Either party may terminate this agreement for any reason upon 30 days written notice to the other party. The County Auditor -Controller shall have the right to exercise County’s right and authority under this contract including the right to terminate the contract.

11. County’s waiver of breach of any one term, covenant, or other provision of this agreement, is not a waiver of breach of any other term, nor subsequent breach of the term or provision waived.

12. Each person signing this agreement represents and warrants that he or she has been fully authorized to do so.

1.3.c
Packet Pg. 89
Attachment: Exhibit B - FY 2425 Colton Billing Agreement (4579 : Public Hearing - Stormwater Fee) 3 of
3 AGCY____
I N WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.

City: ___City of Colton_________________
By: _______________________
Printed Name: William R. Smith _________
Title: City Manager____________
Date: ______________________
EN

SEN MASON CPA, CFA,

AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR

SAN BERNARDINO COUNTY
By A
uthorized Deputy: _______________________________
Printed Name: Franciliza Zyss__________________
T itle: Chief Deputy, Property Tax_________
Da te: _______________________________

1.3.c
Packet Pg. 90
Attachment: Exhibit B - FY 2425 Colton Billing Agreement (4579 : Public Hearing - Stormwater Fee)

ITEM NO. 4

STAFF REPORT

DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE SECOND AMENDMENT TO THE SOLID WASTE
FRANCHISE AGREEMENT WITH CR&R, INC.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA, APPROVING SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF COLTON AND CR&R, INC. FOR

THE COLLECTION OF MUNICIPAL SOLID WASTE, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”

BACKGROUND

The City of Colton (“City”) has an exclusive franchise agreement with CR&R, Inc. to provide municipal solid waste collection services within the City. The current Amended and Restated Agreement (“Agreement”) between the City of Colton and Republic Services of Southern California, LLC (“Republic”) for Collection of Municipal Soli d Waste took effect July 1, 2016.

Republic subsequently assigned its rights and obligations under the Agreement to CR&R, Inc. (“CR&R”) in 2018. The First Amendment to the Agreement (“First Amendment”), entered into on February 15, 2022, includes the organ ic waste collection services required by regulations implementing Senate Bill (SB) 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”).

The proposed Second Amendment to the Agreement extends the term to July 1, 2036, replaces the 64-gallon residential containers with 96 -gallon containers, provides additional services, adds performance review standards, adds a senior discount, language relating to payments that CR&R will make to the City, and the language of the Host Fee Agreement that the City and CR&R have agreed to.

4 Packet Pg. 91
Staff Report to the Mayor and City Council
Contract Amendment - Solid Waste Franchise Agreement
July 16, 2024

Page 2 ends

ISSUES/ANALYSIS

Second Amendment

The proposed Second Amendment would make the following key changes to the Agreement:

 Term Extension: Extend the term from June 30, 2026 to July 1, 2036.

 Residential Rate Freeze: Rates will remain frozen through June 30, 2026.

 Partial Commercial Rate Freeze : Commercial and rolloff rates will be adjusted by tipping fee increases only on July 1, 2025 if the County increases its tipping fees, through June 30, 2026.

 Residential Container Replaceme nt: Replace all existing residential 64 -gallon carts with new 96 -gallon carts that comply with the color requirements of the SB 1383 Regulations (Black or black lid for Refuse, Blue or blue lid for Recycling and Green or green lid for Green Waste and/or Or ganic Waste), at no additional cost to residential customers in the monthly rates going forward. Customers who wish to keep the 64 - gallon cart size will receive a new 64-gallon cart.

 Bulky Items: Increase the number of bulky items CR&R will collect annu ally from each customer for free, from four (4) pickups to eight (8) pickups. Customers can have up to four (4) bulky items picked up at one time. If a customer has more than four (4) items per pickup, rather than arrange a separate pickup, the customer may place more than four (4) items out at any one pick -up, but no more than thirty-two (32) per year (July 1 – June 30). (Example: If a customer has six (6) chairs, the customer can put all six (6) chairs out and still have CR&R pick up twenty-six (26) more bulky items).

 Sharps Collection Program : CR&R will provide residential customers with up to twelve (12) one-gallon postage-paid sharps containers for disposal.

 Community Cleanup Events : Increases the number of annual community cleanup events from two (2) to four (4) events. CR&R will host the two (2) additional cleanup events at the transfer station. CR&R will also collect passenger car tires at all four (4) events, in addition to other waste.

 Free Paper Shredding Events: CR&R will conduct four (4) free paper shredding events at the same time as the community cleanup events are held.

 Summary of Complaints: CR&R will provide a summary of complaints and resolutions for the past year, at the City’s request, twice a year. The City can also request that 4 Packet Pg. 92
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Contract Amendment - Solid Waste Franchise Agreement
July 16, 2024

Page 3 ends

CR&R survey 10% of residential and commercial customers to determine customer satisfaction.

 Performance Review Standards : Adds performance standards and criteria that CR&R will be evaluated on. The City may perform a performance review once a year.

 Customer Satisfaction Survey: CR&R must provide a customer satisfaction survey on its website.

 Senior Citizen Discount : A 10% discount will be provided to customers 65 years and older who provide proof of residency and age.

 CR&R Facilities : Esta blishes a timeline for CR&R to complete construction of its expanded office maintenance building and materials recovery facility based on the attached plans.

 Transfer Station Dump Rate : Provides residents with a preferred disposal rate of $25 for up to 1,000 lbs. of non -hazardous waste material. This amount shall be annually adjusted by CPI.

 Fees: CR&R has agreed to pay the following fees:
o A host fee pursuant to the proposed Host Fee Agreement attached. o A one-time Mitigation Fee of $500,000 to reimbu rse the City for costs associated with the administration or provision of solid waste services. o An annual $10,000 Community Contribution Fee to assist with community events that benefit City residents and businesses in connection with solid waste services. o An annual $45,500 fee to fund efforts associated with solid waste services.

Exempt from CEQA

The Resolution is not subject to the requirements of the California Environmental Quality Act (“CEQA”). The approval of the Second Amendment it is not a “pr oject” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment.

FISCAL IMPACTS

Ample time and quantifiable information to thoroughly review t he full fiscal impact for the proposed Second Amendment to the Agreement was not available. Following is a summary of the components available for costing:

 Residential Container Replacement was valued by the waste hauler at $2,800,000. 4 Packet Pg. 93
Staff Report to the Mayor and City Council
Contract Amendment - Solid Waste Franchise Agreement
July 16, 2024

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 A one-time Mitigation Fee of $500,000 to reimburse the City for costs associated with the administration or provision of solid waste services.  An annual $10,000 Community Contribution Fee to assist with community events that benefit City residents and businesses in conne ction with solid waste services. The value of this specification through the contract term is approximately $120,000.  An annual $45,500 fee to fund efforts associated with solid waste services. The total value of this provision through the contract term is approximately $546,000.

Items not valued for the purposes of the fiscal impact include:

 The impact of the residential rate freeze and associated effect on the franchise fee.  The value of the partial commercial rate freeze and the correlated impact on t he franchise fee.
 The value of the increased bulky item pickup, community clean -up events, paper shredding events, sharps collection program, and transfer station dump rate.  The impact of the Senior Citizen Discount, both in the value received from the was te hauler to cover the 10% discount and the additional associated staff time in processing and tracking.
 The value of the Host Fee Agreement. According to the agreement, the value is calculated based on the “annual average per day calculations from [the ] year prior (based upon January through December of [the] prior year).” In 2020, the waste hauler estimated the tonnage processed at the facility from outside the City of Colton would be approximately 45,710 tons annually ; however, valuing this agreement would require forecasting the waste hauler’s business and efficiency models for the MRF.

ALTERNATIVES

1. Provide alternative direction to the City Manager and Director of Public Works and Utility Services.

ATTACHMENT

1. Colton R-74-24 Resolution Approving Second Ament to Solid Waste Agreement-c1

07.16.2024

2. Colton_ Second Amendment to Colton Amended and Restated Solid Waste Franchise Agreement 7-2-24-c1

3. Exhibit A 2024 City of Colton-c1

4. CRR Host Fee Agreement - TA
4 Packet Pg. 94
RESOLUTION NO R-74-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF COLTON, CALIFORNIA, APPROVING SECOND

AMENDMENT TO AMENDED AND RESTATED

AGREEMENT BETWEEN THE CITY OF COLTON AND
CR&R, INC. FOR THE COLLECTION OF MUNICIPAL

SOLID WASTE AND FINDING THE ACTION EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, the Amended and Restated Agreement between the City of Colton and Republic Services of Southern California, LLC for Collection of Municipal Solid Waste took effect July 1, 2016 (“Agreement”); and
WHEREAS, Republic Services of Southern California, LLC (“Republic”) and CR&R Incorporated (“CR&R”) entered into an assignment agreement on March 17, 2017, and Republic assigned its rights and obligations under the Agreement to CR&R; and WHEREAS, on February 15, 2022, the City of Colton (the “City”) and CR&R entered into the First Amendment to Amended and Restated Agreement between the City of Colton and CR&R Incorporated for the Collection of Municipal Solid Waste; and WHEREAS, the City and CR&R desire to amend the Agreement Between the City of Colton and CR&R, Inc. for the Collection of Municipal Solid Waste (the “Agreement”) to implement additional solid waste diversion programs; and WHEREAS, the City and CR&R have finalized an amendment to the Agreement that reflects the new and modified services, attached hereto as Exhibit A (the “ Second Amendment”); and
WHEREAS, the City Council now desires to approve the Second Amendment to the Agreement with CR&R.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Colton:

SECTION 1. Recitals. The above recitals are all true and correct and are incorporated herein.

SECTION 2. Franchise Agreement Amendment. The City Council hereby approves the Second Amendment to the Agreement, as set forth in Exhibit A, attached hereto and incorporated by this reference. The City Manager is hereby authorized to execute the Second Amendment to the Agreement and take all further actions necessary thereto.

SECTION 6. This Resolution is not subject to the requirements of the California Environmental Quality Act (“CEQA”). This Resolution is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The approval of the franchise agreement is exempt from CEQA review because it does not constitute a project under CEQA pursuant to Section 15378(b)(5) of the State CEQA Guidelines, which provides that organizational and administrative activities of governments that will not result in physical changes in the environment are not considered projects for CEQA purposes. The documents a nd materials that constitute the record of

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Attachment: Colton R-74-24 Resolution Approving Second Ament to Solid Waste Agreement-c1 07.16.2024 [Revision 1] (4569 : Contract proceedings on which these findings have been based are located at 650 N La Cadena Drive, Colton, CA 92324. The custodian of these records is the City Clerk of the City.

SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, or invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof.

The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 4. Effective Date . This Resolution takes effect immediately up on adoption by the City Council.

ADOPTED this 16th day of July, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________
Frank Navarro, Mayor
City of Colton

ATTEST:

_____________________________________
Stephanie M. Vargas, City Clerk
City of Colton

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Attachment: Colton R-74-24 Resolution Approving Second Ament to Solid Waste Agreement-c1 07.16.2024 [Revision 1] (4569 : Contract

EXHIBIT A

SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY OF COLTON AND CR&R, INC. FOR THE COLLECTION

OF MUNICIPAL SOLID WASTE

City of Colton
Service Fee Schedule
July 1, 2024 to June 30, 2025

Billing date effective 7/1/2024

Residential Service

Collection Service
Monthly Rate to Rate
Payer
Standard Residential $ 32.44
Additional Trash (black cart) $ 10.96
Additional Green waste (brown cart) $ 7.75
Additional Recycle (blue cart) $ -
Bulky pu - white good with freon $ 58.14
Bulky pu - water heater >75 gal $ 83.74
Additoinal bulky - 5th pickup $ 58.14
Additional bulky - 3rd + items $ 8.29
Additional pickup on service day $ 10.76
Additional pickup, next day $ 32.33
Additional cart exchange, after 1x yr $ 22.05
Cart Replacement - damaged $ 81.56
Contamination Processing Fee - per violation $ 38.05

Commercial Service

Weekly Collection
Monthly Rate to Rate
Payer

1.0 Yard - 1 x week $ 118.28

1.0 Yard - Extra pickup, non scheduled day $ 52.42

1.5 Yard - 1 x week $ 137.64

1.5 Yard - 2 x week $ 182.69

1.5 Yard - Extra pickup, non scheduled day $ 61.60

2.0 Yard - 1 x week $ 157.09

2.0 Yard - 2 x week $ 221.14

2.0 Yard - 3 x week $ 327.74

2.0 Yard - 4 x week $ 434.27

2.0 Yard - Extra pickup, non scheduled day $ 73.41

3.0 Yard - 1 x week $ 176.60

3.0 Yard - 2 x week $ 279.38

3.0 Yard - 3 x week $ 401.64

3.0 Yard - 4 x week $ 523.82

3.0 Yard - 5 x week $ 646.50

3.0 Yard - 6 x week $ 768.20

3.0 Yard - Extra pickup, non scheduled day $ 91.87

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Attachment: Colton R-74-24 Resolution Approving Second Ament to Solid Waste Agreement-c1 07.16.2024 [Revision 1] (4569 : Contract

3.0 Yard Recycle - 1 x week $ 124.21

3.0 Yard Recycle - 2 x week $ 172.91

3.0 Yard Recycle - 3 x week $ 240.96

3.0 Yard Recycle - 4 x week $ 309.01

3.0 Yard Recycle - 5 x week $ 377.08

3.0 Yard Recycle - 6 x week $ 445.18

3.0 Yard - Recycle Extra pickup, non scheduled day $ 37.69

Exhibit A
City of Colton
Service Fee Schedule
July 1, 2024 to June 30, 2025

Billing date effective 7/1/2024

4.0 Yard - 1 x week $ 205.78

4.0 Yard - 2 x week $ 337.77

4.0 Yard - 3 x week $ 489.20

4.0 Yard - 4 x week $ 640.55

4.0 Yard - 5 x week $ 791.89

4.0 Yard - 6 x week $ 943.31

4.0 Yard - Extra pickup, non scheduled day $ 109.49

6.0 Yard - 1 x week $ 249.36

6.0 Yard - 2 x week $ 413.74

6.0 Yard - 3 x week $ 600.32

6.0 Yard - 4 x week $ 786.95

6.0 Yard - 5 x week $ 973.52

6.0 Yard - 6 x week $ 1,160.11

6.0 Yard - Extra pickup, non scheduled day $ 151.69

2.0 Yard - Compactor - 1 x week $ 290.67

2.0 Yard - Compactor - 2 x week $ 441.83

2.0 Yard - Compactor - 3 x week $ 631.58

2.0 Yard - Compactor - 4 x week $ 821.37

2.0 Yard - Compactor - 5 x week $ 1,011.18

2.0 Yard - Compactor - 6 x week $ 1,201.03

2.0 Yard - Compactor - Extra pickup, non scheduled day $ 140.28

3.0 Yard - Compactor - 1 x week $ 339.87

3.0 Yard - Compactor - 2 x week $ 540.22

3.0 Yard - Compactor - 3 x week $ 779.22

3.0 Yard - Compactor - 4 x week $ 1,018.25

3.0 Yard - Compactor - 5 x week $ 1,257.23

3.0 Yard - Compactor - 6 x week $ 1,496.28

3.0 Yard - Compactor - Extra pickup, non scheduled day $ 189.51 Commercial Cart Service
96-Gallon Trash and Recycle Cart (set) - 1x week $ 97.64 96-Gallon Trash and Recycle Cart (set) - 2x week $ 175.28 96-Gallon Trash and Recycle Cart (set) - 3x week $ 292.92 96-Gallon Trash and Recycle Cart (set) - 4x week $ 390.56 96-Gallon Trash and Recycle Cart (set) - 5x week $ 488.20

96-Gallon Recycle Cart - 1 x week $ 56.44
96-Gallon Recycle Cart - 2 x week $ 112.86

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Attachment: Colton R-74-24 Resolution Approving Second Ament to Solid Waste Agreement-c1 07.16.2024 [Revision 1] (4569 : Contract 96-Gallon Recycle Cart - 3 x week $ 169.31
96-Gallon Recycle Cart - 4 x week $ 225.74
96-Gallon Recycle Cart - 5 x week $ 282.16
96-Gallon Recycle Cart - 6 x week $ 338.59

Exhibit A
City of Colton
Service Fee Schedule
July 1, 2024 to June 30, 2025

Billing date effective 7/1/2024
Commercial Service - Organics

2.0 YD Bin - Food Scraps - 1x week $ 291.45

2.0 YD Bin - Food Scraps - 2x week $ 518.96

2.0 YD Bin - Food Scraps - 3x week $ 775.97

2.0 YD Bin - Food Scraps - 4x week $ 1,032.95

2.0 YD Bin - Food Scraps - Extra pickup $ 233.98

65-gallon cart - Food Scraps - 1x week $ 56.31
65-gallon cart - Food Scraps - 2x week $ 112.61
65-gallon cart - Food Scraps - 3x week $ 168.91
65-gallon cart - Food Scraps - 4x week $ 225.21
65-gallon cart - Food Scraps - 5x week $ 281.52
65-gallon cart - Food Scraps - Extra pickup $ 56.31

3.0 YD Bin - Green Waste, Multi-Family - 1x week $ 262.75

3.0 YD Bin - Green Waste, Multi-Family - 2x week $ 474.88

3.0 YD Bin - Green Waste, Multi-Family - 3x week $ 700.48

3.0 YD Bin - Green Waste, Multi-Family - 4x week $ 926.02

3.0 YD Bin - Green Waste, Multi-Family - 5x week $ 1,151.61

3.0 YD Bin - Green Waste, Multi-Family - 6x week $ 1,377.17

3.0 YD Bin - Green Waste, Multi-Family - Extra pickup $ 204.54

4.0 YD Bin - Green Waste, Multi-Family - 1x week $ 328.78

4.0 YD Bin - Green Waste, Multi-Family - 2x week $ 606.97

4.0 YD Bin - Green Waste, Multi-Family - 3x week $ 898.61

4.0 YD Bin - Green Waste, Multi-Family - 4x week $ 1,190.22

4.0 YD Bin - Green Waste, Multi-Family - 5x week $ 1,481.85

4.0 YD Bin - Green Waste, Multi-Family - 6x week $ 1,773.49

4.0 YD Bin - Green Waste, Multi-Family - Extra pickup $ 262.55

96-gallon cart - Green Waste, Multi-Family - 1x week $ 50.73 96-gallon cart - Green Waste, Multi-Family - 2x week $ 101.48 96-gallon cart - Green Waste, Multi-Family - 3x week $ 152.19 96-gallon cart - Green Waste, Multi-Family - 4x week $ 202.93 96-gallon cart - Green Waste, Multi-Family - 5x week $ 253.67 96-gallon cart - Green Waste, Multi-Family - Extra pickup $ 50.73

Other Commercial Service
Temporary Services - 3.0 YD
Mixed waste clean up $ 105.25
Relocation $ 70.15
Each Additonal Day $ 8.26

Pull out service - 1 x week $ 82.86

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Attachment: Colton R-74-24 Resolution Approving Second Ament to Solid Waste Agreement-c1 07.16.2024 [Revision 1] (4569 : Contract Pull out service - 2 x week $ 165.75
Pull out service - 3 x week $ 248.59
Pull out service - 4 x week $ 331.44
Pull out service - 5 x week $ 414.31
Pull out service - 6 x week $ 497.18
Extra pickup $ 82.86

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Attachment: Colton R-74-24 Resolution Approving Second Ament to Solid Waste Agreement-c1 07.16.2024 [Revision 1] (4569 : Contract 23152.06160\42450106.1

Exhibit A
City of Colton
Service Fee Schedule
July 1, 2024 to June 30, 2025

Billing date effective 7/1/2024

Locking service - 1 x week $ 6.75
Locking service - 2 x week $ 13.55
Locking service - 3 x week $ 20.31
Locking service - 4 x week $ 27.09
Locking service - 5 x week $ 33.86
Locking service - 6 x week $ 40.67
Extra pickup $ 6.75

Convert to locking, gravity bin $ 123.22
Bin Exchange 1x per year $ -
Bin exchange > 1x year $ 102.40
Bin Redelivery/Re-start, stop service $ 103.84
Bin pull for non-payment $ 103.84
Overage charge $ 16.75
Commercial Bulky pu $ 29.40
Comm Bulky pu - white good with freon $ 61.68
Bulky pu - water heater >75 gal $ 83.74
Additional bulky - 3rd + items $ 29.40

Rolloff and Compactor Services

Container/Service
Monthly Rate to Rate
Payer
Temporary - 3 Days
40 cubic yard (8 ton max) $ 676.00
10 cubic yard (8 ton max) $ 703.94
Additional Tonnage $ 75.84
Rolloff Box - Permanent
40 cubic yard (includes 8 tons) $ 647.97
10 cubic yard (includes 8 tons) $ 675.98
Compactor $ 815.04
Additional Tonnage $ 75.84

Each Additonal Day After Rental Period $ 16.47
Relocation $ 70.15
False Run $ 67.31
Saturday Service $ 43.89
Compactor steam cleaning $ 186.86

Bundled Commercial Compliance Rates
3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 1/Week $ 289.35 3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 2/Week $ 504.85 3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 3/Week $ 739.86

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Attachment: Colton R-74-24 Resolution Approving Second Ament to Solid Waste Agreement-c1 07.16.2024 [Revision 1] (4569 : Contract 23152.06160\42450106.1

3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 4/Week $ 974.77 3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 5/Week $ 1,210.18 3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 6/Week $ 1,163.10

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Attachment: Colton R-74-24 Resolution Approving Second Ament to Solid Waste Agreement-c1 07.16.2024 [Revision 1] (4569 : Contract 23152.06160\42245787.7

1 SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT

BETWEEN THE CITY OF COLTON

AND CR&R, INCORPORATED

FOR THE COLLECTION OF MUNICIPAL SOLID WASTE

THIS SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION OF MUNICIPAL SOLID WASTE (“Second Amendment”) is made and entered into on __________________, 2024 (“Effective Date”) by and between the City of Colton, a municipal corporation (the “City”), and CR&R, Incorporated, a California corporation (the “Contractor”). The City and Contractor may each be referred to herein as a “Party” and collectively as the “Parties.”
WHEREAS, the Amended and Restated Agreement between the City of Colton and Republic Services of Southern California, LLC for Collection of Municipal Solid Waste (“MSW”) took effect July 1, 2016 (the “Original Agreement”); and WHEREAS, Republic Services of Southern California, LLC (“Republic”) and Contractor entered into a n assignment agreement on March 17, 201 7, and Republic assigned its rights and obligations under the Original Agreement to Contractor; and WHEREAS, Contractor exclusively provides solid waste collection services within the City; and
WHEREAS, the City and Contractor entered into that First Amendme nt to Amended and Restated Agreement between the City of Colton and CR&R, Incorporated for the Collection of Municipal Solid Waste on February 15, 2022 (the “First Amendment”) to implement the SB 1383 Regulations. The Original Agreement and the First Amendment are collectively referred to as the “Agreement”).

WHEREAS, City and Contractor desire to further amend the Agreement as provided herein.

NOW, THEREFORE, the Parties agree to the following modifications to the Agreement.

1. Section 2.01 is hereby amended in its entirety to read as follows:
“2.01 Term. The Term of this Agreement shall expire on July 1, 2036, unless earlier terminated as provided herein.”

2. Section 4.01 h. is hereby amended in its entirety to read as follows:
“h. Containerization. Contractor shall provide Customers with all Reside ntial and Commercial Containers required to provide Collection Services at the prices listed in Exhibit A.

Contractor shall replace all existing residential 64-gallon carts with new SB 1383 compl iant 96- gallon carts in the three colors specified below by July 31, 2025. Customers requesting 64-gallon carts may do so at no charge by contacting the Contractor for an exchange of carts . Contractor

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23152.06160\42245787.7

2 shall provide 96 -gallon carts at the same rate as 64 -gallon carts without additional charge or increase.

Contractor shall maintain all Containers in a functional condition and so as to present an attractive appearance free of graffiti or damage . All Containers shall meet the highest industry standards approved by the City. Contractor may decline to collect waste material that is not placed inside a Container, has been overloaded in Containers by weight or volume in contradiction of Chapter 6.04 ( Environmental Health Code) of the Colton Municipal Code, or has been compacted or accumulated in a manner that the material will not, of its own weight, fall out of the Container in which it was placed for collection, or detachable containers or drop boxes weighing more than the legal weight limit for vehicles under any applicable law.

Commercial containers shall be labeled on the front with Contractor ’s name. Such Containers shall be painted and repainted and regularly cleaned as requested by the City or customer, or Contractor shall replace any Container with a new or re -conditioned Container, of similar size, as directed by City. Contractor-furnished bins that have been painted or marked with graffiti shall be repainted or removed from the Premises by Contractor w ithin five (5) business days of notification by the Customer or City. Contractor and City shall work with Customers that are experiencing ongoing vandalism of their Containers. Containers that are vandalized by graffiti more than three (3) times in a six (6) month period, may be charged a replacement fee, and may be required to place their containers in a more secure area.

Contractor shall provide all residential customers with Collection Containers that comply with SB 1383 Regulations. The container colors for Single-Family customers are Black or black lid for Refuse, Blue or blue lid for Recycling and Green or green lid f or Green Waste and/or Organic Waste. If a Container breaks or is otherwise rendered non -functional during the term of this Agreement, Contractor shall replace the non -functional Container with a Container that complies with SB 1383 regulations.

Contractor shall provide all commercial customers with Collection Containers that comply with SB 1383 Regulations. The container colors for are Black or black lid for Refuse, Blue or blue lid for Recycling and Green or green lid for Green Waste and/or Organic Waste. If a commercial Container breaks or is otherwise rendered non -functional during the term of this Agreement, the Contractor shall replace the non-functional commercial Container with a Container that complies with the color requirements of the SB1383 regulations. Contractor is not required to replace functional commercial Containers, including commercial Containers purchased prior t o July 1, 2024, that do not comply with the color requirements of this Agreement prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.

Contractor shall place a label on the body or lid of each new Con tainer that has been provided to a Customer that includes language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that Container. Labels shall clearly indicate items that are Prohibited Con tainer Contaminants for each Container. Contractor shall obtain the City’s written approval of Container specifications, colors, and labeling before acquisition and labeling occurs.”

3. Section 4.04.a. is hereby amended in its entirety to read as follows:

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3 “a. Bulky Waste. Contractor shall collect Bulky Waste and excess MSW at the curbside within seven (7) days of receipt of a Customer's request. Contractor shall notify the Customer in advance, either in writing or by telephone, what specific day Collection will be provided. Customer shall be entitled to eight (8) Bulky Waste pickups per Contract Year with a maximum of four (4) Bulky Items per pick-up, for a total of thirty-two (32) Bulky Items per Contract Year. If Customer has more than four (4) items per pickup, rather than arrange a separate pickup, Customer may place more than four (4) items out at any one pick -up, but no more than thirty-two (32) per Contract Year. (Example: Customer has six (6) chairs. Customer can put all six (6) chairs out and still have Contractor pick up twenty-six (26) more Bulky Items in the Contract Year). Contractor shall bill the Customer directly for such services requested in excess of thirty-two (32) items each Contract Year in accordance with Section 7.01 and at the Service Rates set forth in Exhibit A.”

4. Section 4.04.e. is hereby added to the Agreement to read as follows:
“l. Sharps Collection. Contractor shall provide Colton Residential Customers with up to twelve (12) one-gallon pre-paid, postage paid Sharps containers to safely store and dispo se of used Sharps. These one-gallon containers, when full, will be mailed by the Customer to a Sharps disposal facility for proper disposal. Customers shall be provided with specific contact information to contact and arrange to receive the proper containe rs via US Mail. All Sharps containers will arrive at the Customer’s residence with a self-addressed, postage paid box for return to the Sharps processing facility when full.

5. Section 4.04.f. is hereby amended in its entirety to read as follows:
“f. Community Cleanup Events. Contractor shall provide roll-off containers for use in up to two (2) community cleanup events per year, for Colton Residential Customers. In addition to these two community clean -up events, Contractor will provide two community c lean-ups per Contract Year which will be hosted at the Contractor’s Transfer Station located at 2059 E. Steel Road, Colton, California, 92324. All four (4) clean-up events will allow residential customers to discard MSW, Recyclables, Green Waste, E-Waste, Universal Waste, Bulky Items, and up to four passenger car tires per event, subject to the City's annual cap of 300 tons per year.”

6. Section 4.04.k. is hereby added to the Agreement to read as follows:
“m. Free Paper Shredding Events. Contractor will conduct, four (4) free paper shredding events each year, concurrent with a Community Clean-Up Events, at no additional cost to the City or its residents. At each event, all City residents will be permitted to deliver up to five (5) “bankers boxes” of paper for shredding free of charge by C ontractor. C ontractor will arrange for all shredded paper generated by each event to be processed in such a manner so as to ensure that the material is diverted from the landfill.

7. Section 6.06 b. is hereby amended in its entirety to read as follows:
“b. Complaint Records. Contractor shall enter in a daily record all complaints, including date, time, complainant’s name and address (if the complainant is willing to give this information), and the nature, date and man ner of the resolution of the complaint. The daily record shall be available to the City upon request and Contractor shall include a summary of all complaints in the monthly franchise report required pursuant to Section 10.02. In addition, on a biannual (tw ice a

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4 year) basis, Contractor shall provide the City, upon request, a summary of complaints and resolutions for the previous twelve (12) month period.”

8. Section 6.11 is hereby added to the Agreement to read as follows:
“6.11 Review of Service and Performance. Upon City’s request, the City may conduct a Performance Review of Contractor during the term of this Agreement, but no more than once per year, to determine the Contractor’s level of compliance with its obligations as specified under the terms and conditions of this Agreement, source reduction programs, processing and other diversion services. The purpose of this review is to review Contractor’s performance, ensure services are adequately provided and effective, and provide for a discussion and review of technological, economic, and regulatory changes in collection, source reduction, recycling, processing, and disposal in order to maintain an ongoing, advanced Solid Waste collection and diversion services.

The City may utilize a variety of methods to conduct the Performance Review, including analysis of relevant documents, on -site and field observations, and interviews. The City shall review and doc ument the items in the Agreement that require Contractor to meet specific performance standards, submit information or reports, or perform additional services that can be objectively evaluated.

On-site and field observations by the City may include, but are not limited to:
 Interviews and discussions with Contractor’s administration and management personnel;
 Review and observation of Contractor’s customer service functions and structure , including Contractor’s process for tracking and addressing customer complaints and service interruptions, such as complaint logs;
 Review of public education and outreach materials;
 Interviews and discussions with Contractor’s financial and accounting personnel;  Interviews with drivers and supervisors;
 Interviews with vehicle maintenance staff and observation of maintenance practices; and
 Review of collection services, including observation of driver performance and collection productivity, and visual inspection of routes before and after collection to evaluate container placement and cleanliness of streets.

If requested by the City, Contractor shall create and conduct a survey at Contractor’s expense. The purpose of the survey is to determine customer satisfaction with current Collection Services a nd customer service provided by Contractor. The survey will be distributed to a minimum of 10% of the residential customers and 10% of the commercial customers, selected at random. Contractor shall obtain City’s approval of the survey content, format, an d mailing list prior to its distribution. The City may require that Contractor have customer responses to the

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5 service returned directly to the City. The survey results shall be made available to the City thirty (30) days prior to the solid waste services and Performance Review Hearing.

Contractor may submit other relevant performance information and reports for consideration.

Topics for consideration during the performance review may include, a list of services provided, SB 1383 compliance updates, feasibility of providing new services, illegal hauling activity in the City, new technologies, potential amendments to this Agreement, new developments in the law and regulatory constraints. As a result of the review, the City may enter into discussions with the Contractor to discuss adjustments to service.

Sixty (60) days after receiving notice from the City of a performance review request, the Contractor shall, at a minimum, submit a report to the City indicating the following:

1. Service performance for the past year, or the period since the last performance review, whichever period is longer

2. Supporting documentation and findings tracked for each of the items in the Agreement that require Contractor to meet specific performance standards.

3. Recommended potential changes and/or services.

9. Section 6.12 is hereby added to the Agreement to read as follows:
“6.12. Customer Satisfaction Survey . Contractor shall provide a customer satisfaction survey on its website, through a QR Code. Customer surveys will be voluntary and will include a “How Are We Doing?” section that allows a Customer to rate the Contractor’s service and provide feedback for further evaluation. The goals of this effort will be three -fold: allow Contractor to recognize outstanding Contractor employees, identify areas that may need improvement and streamline future customer service initiatives.”

10. Section 8.06 is hereby amended to read as follows
“8.06 City Host Fee. Contractor shall pay the City a host fee pursuant to this Agreement.

The Parties agree to execute the Host Fee Agreement attached hereto as Exhibit I and incorporated herein by this reference. The Host Fee shall be payable quarterly as specifically set forth in the Host Fee Agreement.”

11. Section 8.07 is hereby added to the Agreement to read as follows:
“8.07 Mitigation Fee. The Contractor shall pay to the City a Mitigation Fee in a one-time lump sum payment in an amount equal to Five Hundred Thousand Dollars ($500,000) within thirty (30) days’ prior written notice by City to Contractor to reimburse the City for costs the City will incur in the administration or provision of the Solid Waste services and comply with mandatory state laws and regulations related to the Solid Waste services. Contractor shall not pass th rough the costs of the Mitigation Fee onto ratepayers.”

12. Section 8.08 is hereby added to the Agreement to read as follows:

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6 “8.08 Community Contribution. Each Contract Year, the Contractor shall pay to the City a Community Contribution Fee equal to Ten Thousand Dollars ($10,000). This fee will be used by the City to assist with community events that benefit Colton’s residents and businesses in connection with Solid Waste services.”

13. Section 8.09 is hereby added to the Agreement to read as follows:
“8.09 Senior Citizen Discount. Residents of the City of Colton who are current on their Solid Waste bill with the Contractor, and who are sixty-five (65) years old or older, may qualify for a ten percent (10%) discount on their monthly rates by meeting the following requirements: 1.) Complete a Senior Discount application, 2.) Provide proof of City of Colton residency (copy of utility bill showing property owner’s name), 3.) Provide proof of age (copy of picture identification in the form of a driver’s license or other State-issued identification card). The person applying for the senior discount must live in the residence and be the person who is signed up for residential service. Persons approved for the senior discount will receive three 64 -gallon carts instead of the 96-gallon size carts. Contractor shall provide the discount at no cost to the City or its customers who do not receive the discounts.”

14. Section 8.10 is hereby added to the Agreement to read as follows:
“8.10 Solid Waste Funding. Contractor shall fund Solid Waste services not to exceed Forty-five Thousand Five Hundred Dollars ($45,500.00) annually. Actual cost shall be invoiced by the City to the Contractor each calendar quarter, in ar rears. The first invoice may include a prorated amount to cover the actual costs for that quarter. This funding shall be used, at the City’s discretion, to fund efforts associated with Solid Waste services.”

15. Contractor Facilities. Contractor agrees to begin the construction and expansion of its new office/maintenance building and MRF building Colton Facility, located at 2059 E. Steel Road, Colton California 92324, within 24 months of the Effective Date of this Second Amendment in accordance with Exhibit J attached hereto and incorporated herein by this reference. The 24-month time frame assumes that the City will expedite the permit process at no extra cost to the Contractor.

Contractor shall complete construction within 54 months of the Effective Date of this Second Amendment. City can extend the construction completion deadline based on reasonable need and circumstances beyond Contractor’s control. Below is a timeline for the construction and expansion activity:
 Plan check review update 12- 18 months
 Contractor bidding and contracts 3 – 6 months
 Contractor pre-construction 3-5 months
 Construction 18 – 24 months
Contractor will install a plate reader at its Colton Facility and agrees to coordinate with local law enforcement in an effort to assist the community with ongoing community safety enhancements.

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7 16. Transfer Station Dump Rate . Contractor shall provide City residents with a preferred disposal rate at Contractor’s Colton Transfer Station with proof of residency with a valid picture identification and recent utility bill. The reduced charge shall be Twenty-Five Dollars ($25.00) for up to 1,000 lbs. of non-hazardous waste material. This rate shall be adjusted each July 1 st by CPI using the same index as outlined in the standard rate adjustment.

17. New Exhibit A. Exhibit A to the Agreement shall be replaced in its entirety with Exhibit A attached hereto. The Collection Cost Component of the Service Rates set forth in Exhibit A shall remain the same through June 30, 2 026. If the County of San Bernardino increases its disposal rates at the landfill, Contractor may pass that tipping fee increases to commercial and rolloff rates only, as of July 1, 2025, based on the Tipping Fee Component in Section 9.05. Commercial rates shall not be adjusted by any other component until July 1, 2027. Re sidential rates shall remain frozen until July 1, 2027.

18. Exhibit I. Exhibit I to the Agreement shall added with Exhibit I attached hereto.

19. Exhibit I. Exhibit J to the Agreement shall added with Exhibit J attached hereto.

20. Except as specifically modified by this Second Amendment, the Agreement shall remain in full force and effect . All capitalized terms in this Second Amendment shall have the meani ng ascribed them in the Agreement unless otherwise noted in this Second Amendment.

21. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall cons titute one agreement.

IN WITNESS WHEREOF , this SECOND AMENDMENT TO AMENDED AND

RESTATED AGREEMENT BETWEEN THE CITY OF COLTON AND CR&R, INCORPORATED FOR THE COLLECTION OF MUNICIPAL SOLID WASTE is executed by the City of Colton and by CR&R, Incorporated.

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8 CR&R, INCORPORATED,
a California Corporation
By____________________________
Cliff Ronnenberg, Chairman & CEO

CITY OF COLTON,
a California Municipal Corporation
By:_______________________________
Frank J. Navarro, Mayor
By____________________________
David Ronnenberg, COO and Secretary
ATTEST:

By:_______________________________
Stephanie M. Vargas, City Clerk
APPROVED AS TO FORM:

By:_______________________________
Carlos Campos, City Attorney

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9 Exhibit A
Maximum Solid Waste Rates

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10 Exhibit I
Host Fee Agreement

Attached

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11 Recording requested by
and when recorded return to:

City of Colton )
650 N. La Cadena Dr. )
Colton, CA 92324 )
Attention: City Clerk )
)
______________________________________________________________________________ (SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)
Exempt from recording fees pursuant to Government Code §§ 6103, 27383

HOST FEE AGREEMENT

BETWEEN

CITY OF COLTON

and

CR&R INCORPORATED, A CALIFORNIA CORPORATION

REGARDING PROPERTY LOCATED AT:
2059 E. STEEL ROAD

COLTON, CALIFORNIA
92324

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12 HOST FEE AGREEMENT
This Host Fee Agreement (“Agreement”) is entered on ______________, 2024 by and between the CITY OF COLTON, a California municipal corporation (“CITY”) with its principal place of business at 650 N. La Cadena Dr., Colton, CA 92324, and CR&R Incorporated, a California corporation (“CR&R”), headquartered at 11292 Western Ave., Stanton, CA 90680. CITY and CR& are sometimes individually referred to as “Party” and collectively as “Parties.”

Recitals.

A. On February 25, 2020 , the City of Colton Planning Commission approved the Architectural and Site Plan Review (ASPR) Development Application Process planning permit 001-575 (“DAP”) to allow CR&R to modernize the existi ng CR&R Colton facility with a new office/maintenance building and expanded material recovery facility (“MRF”) located at 2059 E.

Steel Road, Colton, CA 92324 (Property”) (collectively, the “Project”); and B. After the aforementioned approval, the Project was called up for review to the City of Colton City Council; and
C. On August 4, 2020, the Colton City Council reviewed the Project and determined that it should be approved subject to certain conditions of approval; and D Condition No. 17 of the Conditions of Approval (Condition No. 17) (Exhibit A of the DAP/ASPR) directs the City and CR&R to negotiate and enter into an agreement for a host fee for the Project that “shall remain in effect at all times the Materials Recovery and Recy cling Facility is operating” unless modified herein, and
E. The Parties intend for this Agree ment to satisfy Condition No. 17 and to compensate the City for the impacts created by the Project, including, but not limited to, truck traffic, trash and debris clean up and visual impacts.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

1. Term. This Agreement shall take effect upon the approval of the Certificate of Occupancy from the City for the MRF and building enlargement and CR&R’s commencement of operations at the MRF under the DAP at the Project site (“Commencement Date”) and shall remain in effect as long as the site, or any portion of the site, operates as a MRF. This Agreement is binding on all successors and assigns, and shall be recorded against the Property to inform subsequent assignees of the terms of this Agreement. Thus, for purposes of this Agreement, CR&R shall also mean any successors and assigns of CR&R.

2. Host Fee. CR&R shall pay the City a host fe e for all Solid Waste materials received and processed at the MRF as provided in this section (the “Host Fee”).

2.1 Host Fee Rate & Adjustment. The Host Fee Rate shall be based on the following formula:

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13 Annual average per day calculations from year prior (based upon January through December of prior year):

1. From 0 to 1,500 tons $2.00 per ton

2. From 1,501 to 1,950 tons $3.00 per ton
Beginning on July 1 after the first anniversary of the Commencement Date, and each July 1 thereafter throughout the Term of this Agreement, the Host Fee rates shall be increased to reflect the annual percentage increase, if any, in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario, CA Metropolitan Area ("the Index") for the prior calendar year.

2.2 Recordkeeping for Host Fee . CR&R shall pay the Host Fee on all Solid Waste materials processed at the MRF daily, excluding any materials generated from within the City of Colton. As used here, “all Solid Waste materials” or “ materials” means all discarded putrescible and non-putrescible solid waste, industrial waste commercial solid waste, bulky items, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of “Nonhazardous Solid Waste” as set forth in the California Code of Regulations, as it may be amended from time to time. CR&R shall maintain daily records indicating the place of generation for all materials received at the MRF. CR&R shall prepare daily records indicating the total amount of materials received at the MRF, the amount processed at the MRF, the amount of materials generated/received from outside the City of Colton, and the applicable daily Host Fee calculation.

2.3 Payment of Host Fee. The Host Fee shall be paid by CR&R quarterly to City and shall be due on the thirtieth of the month following the end of each quarter ( e.g., for the quarter ending March by April 30, for the quarter ending June by July 30, for the quarter ending September by October 30 , and for the quarter ending December by January 30 ). All remittances shall be accompanied with copies of the daily records prepared under Section 2.2 above demonstrating the amount of materials received at the Proj ect, the amount processed, the amount of materials generated from outside the City of Colton and the applicable calculation of the Host Fee.

3. Compliance with the Law . CR&R shall operate the Project in compliance with all applicable laws, expressly inc luding the DAP, Colton Municipal Code, Public Resources Code and Titles 14 and 27 of the California Code of Regulations. Without limiting the foregoing, CR&R shall obtain and maint ain all permits required by CalRecycle or other applicable regulatory authority for the Project.

4. Indemnification & Release of Unknown Claims. CR&R shall, at its own expense and with counsel acceptable to City, fully defend, indemnify and hold harmless City, its officials, officers, employees, and agents (“Indemnified Parties”), from and against any and all claims, suits, causes of action, penalties, proceedings, damages, injuries or losses of any name, kind or description, specifically including reasonable attorneys’ fees (“Liabilities”), arising in any way out of the City’s issuance of the DAP, CR&R’s operation of the MRF or this Agreement . While the City has determined that Public Resources Code section 40059.2 does not apply to this Agreement, in the event that a court, tribunal or other regulatory authority determines tha t it does, CR&R shall

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14 indemnify and hold the City harmless as required in this Section except to the extent expressly limited by Public Resources Code section 40059.2.

CR&R hereby waives the provisions of Section 1542 of the Civil Code which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

5. Audit. All records of CR&R related to or prepared in connection with payment of the Host Fee shall be subject to audit and inspection by City, its auditors or other agents, at any reasonable time with at least 30 days ’ prior written notice . Such audit or inspection shall take place at the Project site. The City shall initially bear the cost of such audit. If such audit discloses a material breach of this Agreement or an underpayment of sums owed to the City under this Agreement in excess of five percent (5 %) of the amount which should have been paid, CR&R shall promptly tender to the City the a mount of such underpayment, and shall further reimburse the City for the entirety of its documented and paid audit costs, including, without limitation, auditor’s cos ts and expenses, internal costs and expenses, and legal and other third party expenses. If such audit discloses an underpayment of less than five percent (5%), CR&R shall promptly pay such underpayment, and the City shall bear the cost of the audit. If a n audit discloses an overpayment to City, CR&R shall receive a credit in that amount against the next succeeding month’s Host Fee payment, and the City shall bear the cost of the audit. All records of CR&R related to or prepared in connection with its performance of this Agreement shall be retained for the greater of (i) three (3) years or (ii) time period required by applicable law.

7. Termination. The City may t erminate this Agreement for cause upon thirty (30) days’ written notice to CR&R, provided that in the event that CR&R cures its breach prior the expiration of the thirty-day period, the Agreement shall remain in effect. In addition, City may terminate this Agreement with written notice to C R&R in the event that CR&R is prevented from paying the Host Fee, in whole or in part, by any court, tribunal or other regulatory authority. In the event that the Agreement is terminated due to a breach of the Agreement by C R&R, CR&R shall negotiate other arrangements with the City for equivalent compensation o r CR&R shall be in violation of Condition No. 17 of the DAP and the City shall have the option of revoking CR&R’s business occupancy permit as provided by applicable law.

8. Interpretation. Nothing in this Agreement shall be deemed a waiver of any protect ions afforded to the City pursuant to the Government Claims Act, California Government Code sections 900 et seq.

9. Attorneys’ Fees and Costs . In the event that any action or proceeding is commenced between the City and CR&R to enforce any term of this Ag reement, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other party the prevailing party’s costs of suit and reasonable attorneys’ fees. The attorneys’ costs and fees recoverable pursuant to this Section include, without limitation, attorneys’ costs and fees incurred on appeal and those incurred in enforcing any judgment rendered. Attorneys’ costs and fees may be recovered as an element of costs in the u nderlying action or proceeding or in a separate recovery action.

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15 10. Entire Agreement. This written document contains the entire agreement of the Parties and supersedes any prior oral or written statements or agreements between the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the Parties.

11. Notices. All notices required or necessary under this Agreement shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice:

To City:

City of Colton
650 N. La Cadena Dr.

Colton, CA 92324
Attn: City Manager

To CR&R:

CR&R Incorporated
11292 Western Avenue
Stanton, CA 90680
Attn: President

12. Counterparts. This Agreement may b e signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

13. Incorporation of Recitals . The Recitals constitute a material part of this Agreement and are incorporated by this reference as though fully set forth herein.

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

SIGNATURE PAGE BELOW

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16 IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the date first written above.

CR&R, INCORPORATED,
a California Corporation
By____________________________
Cliff Ronnenberg, Chairman & CEO

CITY OF COLTON,
a California Municipal Corporation
By:_______________________________
Frank J. Navarro, Mayor
By____________________________
David Ronnenberg, COO and Secretary
ATTEST:

By:_______________________________
Stephanie M. Vargas, City Clerk
APPROVED AS TO FORM:

By:_______________________________
Carlos Campos, City Attorney

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17 Exhibit J
Colton Facility Construction and Expansion Plans

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Billing date effective 7/1/2024
Collection Service
Monthly Rate to Rate
Payer
Standard Residential 32.44$
Additional Trash (black cart) 10.96$
Additional Green waste (brown cart) 7.75$
Additional Recycle (blue cart) -$
Bulky pu - white good with freon 58.14$
Bulky pu - water heater >75 gal 83.74$
Additoinal bulky - 5th pickup 58.14$
Additional bulky - 3rd + items 8.29$
Additional pickup on service day 10.76$
Additional pickup, next day 32.33$
Additional cart exchange, after 1x yr 22.05$
Cart Replacement - damaged 81.56$
Contamination Processing Fee - per violation 38.05$
Weekly Collection
Monthly Rate to Rate
Payer

1.0 Yard - 1 x week 118.28$

1.0 Yard - Extra pickup, non scheduled day 52.42$

1.5 Yard - 1 x week 137.64$

1.5 Yard - 2 x week 182.69$

1.5 Yard - Extra pickup, non scheduled day 61.60$

2.0 Yard - 1 x week 157.09$

2.0 Yard - 2 x week 221.14$

2.0 Yard - 3 x week 327.74$

2.0 Yard - 4 x week 434.27$

2.0 Yard - Extra pickup, non scheduled day 73.41$

3.0 Yard - 1 x week 176.60$

3.0 Yard - 2 x week 279.38$

3.0 Yard - 3 x week 401.64$

3.0 Yard - 4 x week 523.82$

3.0 Yard - 5 x week 646.50$

3.0 Yard - 6 x week 768.20$

3.0 Yard - Extra pickup, non scheduled day 91.87$

3.0 Yard Recycle - 1 x week 124.21$

3.0 Yard Recycle - 2 x week 172.91$

3.0 Yard Recycle - 3 x week 240.96$

3.0 Yard Recycle - 4 x week 309.01$

3.0 Yard Recycle - 5 x week 377.08$

3.0 Yard Recycle - 6 x week 445.18$

3.0 Yard - Recycle Extra pickup, non scheduled day 37.69$ Exhibit A
City of Colton
Service Fee Schedule
July 1, 2024 to June 30, 2025
Residential Service
Commercial Service

Page 1 of 4 ends

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Attachment: Exhibit A 2024 City of Colton-c1 (4569 : Contract Amendment - Solid Waste Franchise Agreement) Billing date effective 7/1/2024
Exhibit A
City of Colton
Service Fee Schedule
July 1, 2024 to June 30, 2025

4.0 Yard - 1 x week 205.78$

4.0 Yard - 2 x week 337.77$

4.0 Yard - 3 x week 489.20$

4.0 Yard - 4 x week 640.55$

4.0 Yard - 5 x week 791.89$

4.0 Yard - 6 x week 943.31$

4.0 Yard - Extra pickup, non scheduled day 109.49$

6.0 Yard - 1 x week 249.36$

6.0 Yard - 2 x week 413.74$

6.0 Yard - 3 x week 600.32$

6.0 Yard - 4 x week 786.95$

6.0 Yard - 5 x week 973.52$

6.0 Yard - 6 x week 1,160.11$

6.0 Yard - Extra pickup, non scheduled day 151.69$

2.0 Yard - Compactor - 1 x week 290.67$

2.0 Yard - Compactor - 2 x week 441.83$

2.0 Yard - Compactor - 3 x week 631.58$

2.0 Yard - Compactor - 4 x week 821.37$

2.0 Yard - Compactor - 5 x week 1,011.18$

2.0 Yard - Compactor - 6 x week 1,201.03$

2.0 Yard - Compactor - Extra pickup, non scheduled day 140.28$

3.0 Yard - Compactor - 1 x week 339.87$

3.0 Yard - Compactor - 2 x week 540.22$

3.0 Yard - Compactor - 3 x week 779.22$

3.0 Yard - Compactor - 4 x week 1,018.25$

3.0 Yard - Compactor - 5 x week 1,257.23$

3.0 Yard - Compactor - 6 x week 1,496.28$

3.0 Yard - Compactor - Extra pickup, non scheduled day 189.51$ 96-Gallon Trash and Recycle Cart (set) - 1x week 97.64$ 96-Gallon Trash and Recycle Cart (set) - 2x week 175.28$ 96-Gallon Trash and Recycle Cart (set) - 3x week 292.92$ 96-Gallon Trash and Recycle Cart (set) - 4x week 390.56$ 96-Gallon Trash and Recycle Cart (set) - 5x week 488.20$ 96-Gallon Recycle Cart - 1 x week 56.44$
96-Gallon Recycle Cart - 2 x week 112.86$
96-Gallon Recycle Cart - 3 x week 169.31$
96-Gallon Recycle Cart - 4 x week 225.74$
96-Gallon Recycle Cart - 5 x week 282.16$
96-Gallon Recycle Cart - 6 x week 338.59$
Commercial Cart Service

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Exhibit A
City of Colton
Service Fee Schedule
July 1, 2024 to June 30, 2025

2.0 YD Bin - Food Scraps - 1x week 291.45$

2.0 YD Bin - Food Scraps - 2x week 518.96$

2.0 YD Bin - Food Scraps - 3x week 775.97$

2.0 YD Bin - Food Scraps - 4x week 1,032.95$

2.0 YD Bin - Food Scraps - Extra pickup 233.98$
65-gallon cart - Food Scraps - 1x week 56.31$
65-gallon cart - Food Scraps - 2x week 112.61$
65-gallon cart - Food Scraps - 3x week 168.91$
65-gallon cart - Food Scraps - 4x week 225.21$
65-gallon cart - Food Scraps - 5x week 281.52$
65-gallon cart - Food Scraps - Extra pickup 56.31$

3.0 YD Bin - Green Waste, Multi-Family - 1x week 262.75$

3.0 YD Bin - Green Waste, Multi-Family - 2x week 474.88$

3.0 YD Bin - Green Waste, Multi-Family - 3x week 700.48$

3.0 YD Bin - Green Waste, Multi-Family - 4x week 926.02$

3.0 YD Bin - Green Waste, Multi-Family - 5x week 1,151.61$

3.0 YD Bin - Green Waste, Multi-Family - 6x week 1,377.17$

3.0 YD Bin - Green Waste, Multi-Family - Extra pickup 204.54$

4.0 YD Bin - Green Waste, Multi-Family - 1x week 328.78$

4.0 YD Bin - Green Waste, Multi-Family - 2x week 606.97$

4.0 YD Bin - Green Waste, Multi-Family - 3x week 898.61$

4.0 YD Bin - Green Waste, Multi-Family - 4x week 1,190.22$

4.0 YD Bin - Green Waste, Multi-Family - 5x week 1,481.85$

4.0 YD Bin - Green Waste, Multi-Family - 6x week 1,773.49$

4.0 YD Bin - Green Waste, Multi-Family - Extra pickup 262.55$ 96-gallon cart - Green Waste, Multi-Family - 1x week 50.73$ 96-gallon cart - Green Waste, Multi-Family - 2x week 101.48$ 96-gallon cart - Green Waste, Multi-Family - 3x week 152.19$ 96-gallon cart - Green Waste, Multi-Family - 4x week 202.93$ 96-gallon cart - Green Waste, Multi-Family - 5x week 253.67$ 96-gallon cart - Green Waste, Multi-Family - Extra pickup 50.73$ Temporary Services - 3.0 YD
Mixed waste clean up 105.25$
Relocation 70.15$
Each Additonal Day 8.26$
Pull out service - 1 x week 82.86$
Pull out service - 2 x week 165.75$
Pull out service - 3 x week 248.59$
Pull out service - 4 x week 331.44$
Pull out service - 5 x week 414.31$
Pull out service - 6 x week 497.18$
Extra pickup 82.86$
Commercial Service - Organics
Other Commercial Service

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Attachment: Exhibit A 2024 City of Colton-c1 (4569 : Contract Amendment - Solid Waste Franchise Agreement) Billing date effective 7/1/2024
Exhibit A
City of Colton
Service Fee Schedule
July 1, 2024 to June 30, 2025
Locking service - 1 x week 6.75$
Locking service - 2 x week 13.55$
Locking service - 3 x week 20.31$
Locking service - 4 x week 27.09$
Locking service - 5 x week 33.86$
Locking service - 6 x week 40.67$
Extra pickup 6.75$
Convert to locking, gravity bin 123.22$
Bin Exchange 1x per year -$
Bin exchange > 1x year 102.40$
Bin Redelivery/Re-start, stop service 103.84$
Bin pull for non-payment 103.84$
Overage charge 16.75$
Commercial Bulky pu 29.40$
Comm Bulky pu - white good with freon 61.68$
Bulky pu - water heater >75 gal 83.74$
Additional bulky - 3rd + items 29.40$
Container/Service
Monthly Rate to Rate
Payer
Temporary - 3 Days
40 cubic yard (8 ton max) 676.00$
10 cubic yard (8 ton max) 703.94$
Additional Tonnage 75.84$
Rolloff Box - Permanent
40 cubic yard (includes 8 tons) 647.97$
10 cubic yard (includes 8 tons) 675.98$
Compactor 815.04$
Additional Tonnage 75.84$
Each Additonal Day After Rental Period 16.47$
Relocation 70.15$
False Run 67.31$
Saturday Service 43.89$
Compactor steam cleaning 186.86$
Bundled Commercial Compliance Rates
3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 1/Week 289.35$ 3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 2/Week 504.85$ 3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 3/Week 739.86$ 3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 4/Week 974.77$ 3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 5/Week 1,210.18$ 3 YD Comm Bin, 90G Comm Recy, 64G Foodwaste 6/Week 1,163.10$ Rolloff and Compactor Services

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Attachment: Exhibit A 2024 City of Colton-c1 (4569 : Contract Amendment - Solid Waste Franchise Agreement) 23152.06020\33267780.3

Recorded at request of: )

City of Colton )
650 N. La Cadena Dr. )
Colton, CA 92324 )
)
)
When recorded return to: )

City of Colton )
650 N. La Cadena Dr. )
Colton, CA 92324 )
Attention: City Clerk )
)
______________________________________________________________________ Exempt from filing fees pursuant to Government Code §6103

HOST FEE AGREEMENT

BETWEEN

CITY OF COLTON

and

CR&R INCORPORATED, A CALIFORNIA CORPORATION

REGARDING PROPERTY LOCATED AT:
2059 E. STEEL ROAD

COLTON, CALIFORNIA
92324

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Attachment: CRR Host Fee Agreement - TA (4569 : Contract Amendment - Solid Waste Franchise Agreement) 23152.06020\33267780.3

HOST FEE AGREEMENT
This Host Fee Agreement (“Agreement”) is entered on ______________, 2021 by and between the CITY OF COLTON ( “CITY”) and CR&R Incorporated ( “CR&R”), a California Corporation, headquartered at 11292 Western Ave., Stanton, CA 90680 and are sometimes individually referred to as “Party” and collectively as “Parties.”

Recitals.

A. On February 25, 2020 the City of Colton Planning Commission approved the Architectural and Site Plan Review (ASPR) Development Application Process planning permit 001-575 (“DAP”) to allow CR&R to modernize the existing CR&R Colton Facility with a New Office/Maintenance Building and expanded Material Recovery Facility (“MRF”) at 2059 E. Steel Road, Colton, CA 92324(collectively, the “Project”); and B. After the aforementioned approval, the Project was called up for review to the City of Colton City Council; and
C. On August 4, 2020, the Colton C ity Council reviewed the Project and determined that it should be approved subject to certain conditions of approval; and D Condition No. 17 of the Conditions of Approval (Exhibit A of the DAP/ASPR) directs the City and CR&R to negotiate and enter into an agreement for a host fee for the Project and provides that this host fee agreement “shall remain in effect at all times the Materials Recovery and Recycling Facility is operating”; unless modified herein, and E. The Parties intend for this Agreement to satisfy Condition No. 17 of Appendix A Conditions of Approval in the DAP and to compensate the City for the impacts created by the Project, including, but not limited to, truck traffic, trash and debris clean up and visual impacts.

NOW, THEREFORE , in consi deration of the promises and covenants set forth below, the Parties agree as follows:

1. Term. This Agreement shall take effect upon the approval of the Certificate of Occupancy from the City for the Material Recovery Facility (MRF) building enlargement and the commencement of operations by CR&R of the MRF under the DAP at the Project site (“Commencement Date”) and shall remain in effect as long as the site, or any portion of the site, operates as a MRF and is binding on all successors and assigns. This Agreement shall be recorded against the Property to inform subsequent assignees of the terms of this Agreement. Thus, for purposes of this Agreement CR&R shall also mean any successors and assigns of CR&R.

2. Host Fee. CR&R shall pay the City a host fee for all Solid Waste materials received and processed at the MRF as provided in this section (the “Host Fee”).

2.1 Host Fee Rate & Adjustment . The Host Fee Rate shall be based on the following formula:

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Annual average per day calculation from year prior (based upon January thru December of prior year):

1. From 0 to 1,500 tons per ton $2.00 per ton

2. From 1,501 to 1,950 tons per ton $3.00 per ton
Beginning on July 1 after the first anniversary of the Commencement Date, and each July 1 thereafter throughout the Term of this Agreement, the Host Fee rates shall be increased to reflect the annual percentage increase, if any, in the Consumer Price Index for all Urban Consumers for the Los Angeles-Orange-Riverside County Metropolitan Area ("the Index") for the prior calendar year.

2.2 Recordkeeping for Host Fee . CR&R shall pay the Host Fee on all Solid Waste materials processed at the MRF daily, excluding any materials generated from within the City of Colton. As used here, “all Solid Waste materials” or “mater ials” means all discarded putrescrible and nonputrescible solid waste, industrial waste commercial solid waste, bulky items, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class III landfill and which are includ ed within the definition of “Nonhazardous Solid Waste” as set forth in the California Code of Regulations, as it may be amended from time to time. CR&R shall maintain daily records indicating the place of generation for all materials received at the MRF. CR&R shall prepare daily records indicating the total amount of materials received at the MRF, the amount processed at the MRF, the amount of materials generated/received from outside the City of Colton, and the applicable daily Host Fee calculation.

2.3 Payment of Host Fee. The Host Fee shall be paid by CR&R quarterly to City and shall be due on the thirtieth of the month following the end of each quarter (for the quarter ending March by April 30, June, September, and December). All remittances shall be accompanied with copies of the daily records prepared under Section 2.2 above demonstrating the amount of materials received at the Project, the amount processed, the amount of materials generated from outside the City of Colton and the applicable calculation of the Host Fee.

3. Compliance with the Law. CR&R shall operate the Project in compliance with all applicable laws, expressly including the DAP, Colton Municipal Code, Public Resources Code and Titles 14 and 27 of the California Code of Regulations. Without limiting the foregoing, CR&R shall obta in and maintain all permits required by CalRecycle or other applicable regulatory authority for the Project.

4. Indemnification & Release of Unknown Claims . CR&R shall, at its own expense and with counsel acceptable to City, fully defend, indemnify and ho ld harmless City, its officials, officers, employees, and agents (“Indemnified Parties”), from and against any and all claims, suits, causes of action, penalties, proceedings, damages, injuries or losses of any name, kind or description, specifically inclu ding reasonable attorneys’ fees, (“Liabilities”), arising in any way out of the City’s issuance of the DAP or CR&R’s operation of the MRF or this Agreement. While the City has determined that Public Resources Code section 40059.2 does not apply to this Ag reement, in the event that a court, tribunal or other regulatory authority determines that it does, CR&R shall indemnify and hold the City harmless as required in this Section except to the extent expressly limited by Public Resources Code section 40059.2.

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CR&R hereby waives the provisions of Section 1542 of the Civil Code which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

5. Audit. All records of CR&R related to or prepared in connection with payment of the Host Fee shall be subject to audit and inspection by City, its auditors or other agents, at any reasonable time with at least 30 days prior written notice. Such audit or inspection shall take place at the Project site. The City shall initially bear the cost of such audit. If such audit discloses a material breach of this Agreement or an underpayment of sums owed to the City under this Agreement in excess of five percent (5%) of the amount which should have been paid, CR&R shall promptly tender to the City the amount of such underpayment, , and shall further reimburse the City for th e entirety of its documented and paid audit costs, including, without limitation, auditor’s costs and expenses, internal costs and expenses, and legal and other third party expenses. If such audit discloses an underpayment of less than five percent (5%), CR&R shall promptly pay such underpayment, and the City shall bear the cost of the audit. If an audit discloses an overpayment to City, CR&R shall receive a credit in that amount against the next succeeding month’s Host Fee payment, and the City shall bea r the cost of the audit. All records of CR&R related to or prepared in connection with its performance of this Agreement shall be retained for the greater of (i) three (3) years or (ii) time period required by applicable law.

7. Termination. The City may terminate this Agreement for cause upon thirty (30) days’ written notice to CR&R, provided that in the event that CR&R cures its breach prior to the expiration of the thirty-day period, the Agreement shall remain in effect. In addition, City may terminate this Agreement with written notice to CR&R in the event that CR&R is prevented from paying the Host Fee, in whole or in part, by any court, tribunal or other regulatory authority. In the event that the Agreement is terminated due to a breach of the Agreement by CR&R, CR&R shall negotiate other arrangements with the City for equivalent compensation or CR&R shall be in violation of Condition No. 17 of the DAP and the City shall have the option of revoking CR&R’s business occupancy permit as provided by applicable law.

8. Interpretation. Nothing in this Agreement shall be deemed a waiver of any protections afforded to the City pursuant to the Government Claims Act, California Government Code sections 900 et seq.

9. Attorneys’ Fees and Costs . In the event that any action or proceeding is commenced between the City and CR&R to enforce any term of this Agreement, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other party the prevailing party’s costs of suit and reasonable attorneys’ fees. The attorneys’ costs and fees recoverable pursuant to this Section include, without limitation, attorneys’ costs and fees incurred on appeal and those incurred in enforcin g any judgment rendered. Attorneys’ costs and fees may be recovered as an element of costs in the underlying action or proceeding or in a separate recovery action.

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10. Entire Agreement . This written document contains the entire agreement of the Parties and supersedes any prior oral or written statements or agreements between the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the Parties.

11. Notices. All notices required or necessary under this Agreement shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice:

To City:

City of Colton
650 N. La Cadena Dr.

Colton, CA 92324
Attn: City Manager

To CR&R:

CR&R Incorporated
11292 Western Avenue
Stanton, CA 90680
Attn: President

12. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

13. Incorporation of Recitals. The Recitals constitute a material part of this Agreement and are incorporated by this reference as though fully set forth herein.

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

IN WITNESS WHEREOF, this Host Fee Agreement has been executed by the Parties as of the date first written above.

SIGNATURE PAGE BELOW

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Attachment: CRR Host Fee Agreement - TA (4569 : Contract Amendment - Solid Waste Franchise Agreement) 23152.06020\33267780.3

DATED: DATED:

City of Colton CR&R INCORPORATED

By: By:

Mayor [Title]

Approved as to form:

By: By:

City Attorney [Title]

ATTEST:

City Clerk

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Attachment: CRR Host Fee Agreement - TA (4569 : Contract Amendment - Solid Waste Franchise Agreement)

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Attachment: CRR Host Fee Agreement - TA (4569 : Contract Amendment - Solid Waste Franchise Agreement)

ITEM NO. 5

STAFF REPORT

DATE: JULY 16, 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 JUNE 18, 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 June 18, 2024.

BACKGROUND

Minutes for the City Council Regular Meeting Held on June 18, 2024.

FISCAL IMPACTS

None

ATTACHMENT

1. 06-18-2024 Draft Minutes
5 Packet Pg. 131
June 18, 2024 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

June 18, 2024

Closed Session Meeting held on the above given date at 5:01 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.

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

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.

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation
Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) Two (2) Potential Cases

Mayor Navarro a djourned the meeting to Closed Session at 5:03 p.m. and Council Member Chastain joined closed session at approximately 5:10pm. At 6:00 p.m., the meeting reconvened, with all members pr esent heretofore.

City Attorney Reports/Reportable Action

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

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June 18, 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 Jeff Keneaster – Centnerpoint Church FLAG SALUTE: Veterans of Foreign Wars (VFW) – Thomas Leon (U.S. Marine & Vietnam Veteran)

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

 Proclamation – Fire Chief
Mayor Navarro read and presented a Proclamation Certificate to Fire Chief Tim McHargue in honor of his 34 years in fire service and for his 22 years of distinguished and professional service rendered to this organization, the community and the citizens of Colton. The Mayor congratulated Chief McHargue for his retirement date which is set to be June 28, 2024. Chief McHargue expressed his appreciation for his wife and family members, who were present in the audience, and went on to briefly describe how his journey began with the City of Colton and how positive the experience has been.

 Proclamation – Parks and Recreation Month
CM Toro presented a Proclamation for Parks and Recreation Month; accepted by Katelyn Rodriguez, Recreation Coordinator.

 Recognition – SCE Scholarship Award to Colton High Student Shane Massoud, from Southern CA Edison, introduced scholarship award recipient, Shantel Marentes, and recognized her accomplishment demonstrating academic excellence, leadership, and a passion for the STEM field. CM González presented Shantel with a recognition certificate from the City of Colton recognizing her accomplishment. Edison International presented Shantel with a giant check for $50,000. Shantel expressed her appreciation for receiving the scholarship award and the recognition and thanked her father, who was in the audience, her family, and her teachers who have encouraged her.

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MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF JUNE 18 , 2024.

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

City Manager, William R. Smith, took a moment to introduced the Ci ty of Colton’s new Police Chief, Anthony Vega to the council and to the community . Mayor Navarro recognized and wel comed Police Chief Anthony Vega.

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).

CM González attended the League of CA Cities Inland Empire Divisions Lunch Meeting; held on June 13, 2024, at the Chino Police Department, Chino CA.

APPOINTMENTS
None

MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS
(1) Zoning Adoption of Water and Wastewater Rates - THIS IS THE TIME AND PLACE FIXED TO

CONSIDER A PUBLIC HEARING ITEM TO WAIVE FULL READING, READ BY TITLE ONLY

AND PASS FIRST READING OF AN ORDINANCE ADOPTING RATE INCREASES TO CITY OF

COLTON WATER SERVICES FEES AND TAKING OTHER ACTIONS RELATED THERETO, TO BE KNOWN AS O-06-24 AND TO WAIVE FULL READING AND READ BY TITLE ONLY, AND

PASS FIRST READING OF AN ORDINANCE ADOPTING RATE INCREASES TO CITY OF

COLTON SEWER SERVICE FEES AND TAKING OTHER ACTIONS RELATED THERETO, TO BE KNOWN AS O-07-24.

The Mayor opened the Public Hearing.

The Deputy City Clerk Vargas submitt ed the Notice of Public Hearing (on file in the City Clerk’s Office) and reported that 11 objections were received by the City Clerk’s Office via mail and hand delivery.

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

Public Comment
The following community members addressed the Council: John Longfield and Pam Lemos.

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

Vote: Unanimous, Motion Passes.

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

City Manager, William R. Smith. CM Chastain provided a handout to her fellow Council Members and Mayor.

Motion and Second by CM Gonzales/ MPT Echevarria to waive full reading and read by title only and pass first reading of O-06-24 and O-07-24.

Vote: Motion Passes with CM Chastain voting no.

(2) Colton General Plan Cultural Resources Update 2024 - DAP-001-767 - THIS IS THE TIME

AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT A

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

GENERAL PLAN AMENDMENT FOR A CULTURAL RESOURCES ELEMENT UPDATE OF THE GENERAL PLAN (FILE INDEX NUMBER DAP-001-767), RESOLUTION NO. R-51-24.

The Mayor opened the Public Hearing.

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

Staff Presentation
Heidi Duran, Director of Development Services, introduced Consultant Stephanie Cimino, from SWCA Environmental Consultants, who presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
The following community members addressed the Council: Gene Valdez, Sharice Wright, Michael Valdez.

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

Vote: Unanimous, Motion Passes.

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

Planning Manager Mario Suarez, Development Services Director Heidi Duron and Consultant Stephanie Cimino.

Motion and Second by CM Toro/ CM González to approve and adopt R-51-24.

Subsequent Motion by CM Toro to continue item to a future meeting.

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

City Manager William R. Smith.

CM Toro Withdrew his motion to continue item to a future meeting.

Motion and Second by CM Toro/ CM González to approve and adopt R-51-24.

Vote: Unanimous, Motion Passes

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BUSINESS ITEMS
None.

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

PUBLIC COMMENT
The following community members addressed the Council: Sergio Remus, Sabrina Valerde, Arthur Garcia, Ron Escarcega, Matt Barton, Nick Zupkofska, Celeste Carlos, Pam Lemos, Jose Sosa and Mark Garcia.

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

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 13.

City Manager William R. Smith requested council allow the Director of Public Utilities, Charles Berry, briefly explain the purpose of Item #5 (Affirm Emergency Condition at Agua Mansa Power Plant). Charles Berry proceeded to give a brief overview of the item.

Motion and Second by CM Chastain/ CM Toro to approve consent calendar Items 3 through 13.

Vote: Unanimous, Motion Passes

(3) Minutes - Approval of Minutes for the City Council Regular Meeting Held on May 21, 2024 and June 4, 2024, on File in the Office of the City Clerk.

(4) Warrants - Approve US Bank voucher dated 05/07/2024 and totaling $57,018.84; replacement checks 212467 & 212468 dated 05/14/2024 and totaling $10,035.28; voucher numbers 212469 to 212558 dated 05/16/2024 and totaling $913,379.98; voucher numbers 212560 to 212735 dated 05/23/2024 and totaling $1,555,856.65 and a payroll disbursement listing dated 04/27/2024 to 05/10/2024 totaling $1,130,698.39.

(5) Affirm Emergency Condition at Agua Mansa Power Plant - Affirm Emergency Conditions at Agua Mansa Power Plant.

(6) Contract Amendment - EES Consulting - Approve Contract Amendment with EES Consulting to Complete Electric Utility Cost of Service Analysis.

(7) Contract Award - AME Roofing - Approve Contract Award with AME Roofing for the Citywide Roof Tile Replacement Project.

(8) Contract Award - Dewberry Architects Inc. - Approve and Adopt a Resolution to Award Contract to Dewberry Architects, Inc. for the City Hall and Police Department Feasibility Study, RESOLUTION NO. R-52-24.

(9) Contract Award - EcoTierra - Approve and Adopt a Contract for Environmental Services with EcoTierra Consulting, and Corresponding Reimbursement Agreement with Applicant.

(10) Purchase - Flock Cameras - Approve the Purchase of Four (4) Additional Flock Cameras.

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(11) Set Public Hearing - LLMD I - Set Public Hearing Date of July 16, 2024 to Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District I for Fiscal Year 2024/2025, RESOLUTION NO. R-53-24, R-54- 24, & R-55-24.
(12) Set Public Hearing - LLMD II - Set Public Hearing Date of July 16, 2024 to Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District II for Fiscal Year 2024/2025, RESOLUTION NO. R-56-24, R-57- 24, & R-58-24.

(13) Set Public Hearing - Stormwater Fee - Set the Public Hearing Date of July 16, 2024 for the Basic Fee for Storm Water Services and Stormwater Management User Fee.

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

CITY MANAGER'S REPORTS
City Manager William R. Smith took time to publicly acknowledged Fire Chief Tim McHargue and to thank him for his service to the city. Smith expressed his deep appreciation for Chief McHargue and described the positive impact that he has had on the executive team and how much he will be missed. Smith described the legacy that Chief McHargue has and thanked him for his service.

Fire Chief, Tim McHargue, invited Fire Marshall, Jon Boggs, to speak to council about what the Fire Department is doing in preparation for the Fourth of July. Fire Marshall Boggs gave a brief report on what steps have been taken and how they are coordinating efforts to decrease the number of illegal fireworks in the City of Colton.

ADJOURNMENT

At 8:19 p.m. Mayor Navarro adjourned the Regular Council Meeting in memorium of Richard Amador.

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

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ITEM NO. 6

STAFF REPORT

DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 05/22/2024 AND
TOTALING $73,852.61; VOUCHER NUMBERS 212736 TO 212814
DATED 05/29/2024 AND TOTALING $86,613.89; VOUCHER
NUMBERS 212815 TO 212916 DATED 05/30/2024 AND TOTALING
$780,326.55, WIRES DATED 06/05/24 AND TOTALING
$2,879,968.48; VOUCHERS NUMBERS 212917 TO 213035 DATED
06/06/2024 AND TOTALING $1,375,887.29; VOUCHERS NUMBERS 213036 TO 213133 DATED 06/13/2024 AND TOTALING $698,363.68; VOUCHERS NUMBERS 213134 TO 213245 DATED 06/20/2024 AND
TOTALING $1,052,449.95; A PAYROLL DISBURSEMENT LISTING
DATED 05/11/2024 TO 05/24/2024 TOTALING $1,062,229.29 AND A PAYROLL DISBURSEMENT LISTING DATED 05/25/2024 TO
06/07/2024 TOTALING $1,171,214.82.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 05/22/2024 and totaling $73,852.61; voucher numbers 212736 to 212814 dated 05/29/2024 and totaling $86,613.89; voucher numbers 212815 to 212916 dated 05/30/2024 and totaling $780,326.55, wires dated 06/05/24 and totaling $2,879,968.48; vouchers numbers 212917 to 213035 dated 06/06/2024 and totaling $1,375,887.29; vouchers numbers 213036 to 213133 dated 06/13/2024 and totaling $698,363.68; vouchers numbers 213134 to 213245 dated 06/20/2024 and totaling $1,052,449.95; a payroll disbursement listing dated 05/11/2024 to 05/24/2024 totaling $1,062,229.29 and a payroll disbursement listing dated 05/25/2024 to 06/07/2024 totaling $1,171,214.82.

BACKGROUND
6 Packet Pg. 138
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
July 16, 2024

Page 2 ends

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

ISSUES/ANALYSIS

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

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Voucher lists.continued

4. Payroll Registers
6 Packet Pg. 139
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

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ITEM NO. 7

STAFF REPORT

DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR APRIL 2024.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive and File City Treasurer's Report for April 2024.

ATTACHMENT

1. Treasurer's report April 2024
7 Packet Pg. 287

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ITEM NO. 8

STAFF REPORT

DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: RAY BRUNO, FIRE CHIEF
SUBJECT: APPROVE AND ADOPT A CONTRACT FOR WILDLAND
PROTECTION AGREEMENT WITH CAL FIRE, RESOLUTION R-62-

24. RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the Local Responsibility Area Wildland Protection Reimbursement Agreement, adopt Resolution No. R-62-24, and authorize the City Manager to execute this Agreement.

BACKGROUND

On July 1, 2012, the City of Colton entered into an agreement with Cal Fire to provide for the protection of 1,000 acres of wildland within the City of Colton in the Reche Canyon area.

Annual amendments are required to reflec t any changes in Cal Fire’s cost for providing this service.

The Reche Canyon area of Colton is prone to wildfire. The magnitude of these wildfires in terms of suppression efforts and response far exceeds the capabilities of Colton on -duty fire crews.

Local city fire departments routinely rely on mutual aid to assist each other in large scale incidents. By definition, mutual aid is a like -for-like provision of resources without cost to the receiving agency.

The suppression of large -scale wildfires is enhanced by utilizing water and retardant dropping aircraft, hand crews, dozers, and various overhead management positions. Colton Fire Department does not have the capacity to provide firefighting aircraft, hand crews, dozers, and enough overhead management to respond to large wildland fires on a mutual aid basis; therefore, we must provide compensation for these services.
8 Packet Pg. 298
Staff Report to the Mayor and City Council
Agreement - Cal Fire
July 16, 2024

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The State of California realizes that fires in Reche Canyon are a mutual threat to State Responsibility Areas (SRA) and formulates a vailable agreements with local agencies on a per acre fee.

ISSUES/ANALYSIS

Should the City choose to not renew the Local Responsibility Area Wildland Protection Reimbursement Agreement, then the actual cost of retardant dropping aircraft, hand crews, dozers, and various overhead management positions utilized to suppress wildland fires in Reche Canyon will be the responsibility of the City. Hourly rates for retardant dropping aircraft can exceed $6,000 per hour.

FISCAL IMPACTS

The cost for the Local Res ponsibility Area Wildland Protection Reimbursement Agreement for Fiscal Year 2024 -2025 is $42.58 per acre or $47,732.18. The total cost includes an administrative fee of 12.10%. Sufficient appropriations for the contract are available in the adopted FY 2024-25 budget in General Fund Fire Department Operations Professional Services Account #100-6090-6091-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. BDU Letterhead

2. Colton FY 24-25 LGW

3. Colton Signature Page FY 24-25 LGW

4. Cal Fire Contract Resolution FY24-25
8 Packet Pg. 299

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Attachment: BDU Letterhead (4573 : Agreement - Cal Fire) STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
P.O. Box 944246
SACRAMENTO, CA 94244 -2460
(916) 653-7772
Website: www.fire.ca.gov

June 5, 2024
Tim McHargue
303 East "E" St.

Colton, CA 92324

Chief McHargue:

Please find the following documents enclosed:

• (1) Full LG-W Agreement (Courtesy Copy) - between the City of Colton and the California Department of Forestry and Fire Protection (CAL FIRE) for Wildland Services during the fiscal years of 2024 through 2025.

• (1) LG-W Agreement Signature Page Please return dated with the wet (scanned) signatures. (See email address below)

Additional document required:

• Resolution Agreement approved by the board. Please return dated with the wet (scanned) signatures. (See email address below)

The Resolution must be signed by the same person signing the LG-W Agreement.

Once the signature page and resolution agreement have been signed, please scan and email them to me at [email protected]

I will then forward the completed package to Cooperative Fire in Sacramento. Please do not mail a copy to Sacramento.

Feel free to contact me at 760-442-2594 or via email if you have any questions and/or concerns.

Respectfully,

Alison Hesterly
Battalion 3511

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RESOLUTION NO. R-62-24

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

CALIFORNIA, AUTHORIZING THE RENEWAL OF THE LOCAL RESPONSIBILITY

AREA WILDLAND PROTECTION REIMBURSEMENT AGREEMENT

WHEREAS, The Reche Canyon area of Colton is prone to wildfire . The magnitude of these wildfires in terms of suppression efforts and response far exceed s the capabilities of Colton on-duty fire crews, and;
WHEREAS, The suppression of large-scale wildfires is enhanced by utilizing water and retardant dropping aircraft, hand crews, dozers, and various overhead management positions, and; WHEREAS, Colton Fire Department does not have the capacity to provide firefighting aircraft, hand crews, dozers, and enough overhead management to respond to large wildland fires on a mutual aid basis; therefore, we must provide compensation for these services, and; WHEREAS, The California Department of Forestry and Fire Protection (CAL FIRE) may, with the approval of the Department of General Services, enter into a cooperative agreement upon such terms and under such conditions it deems wise, for the purpose of preventing and suppressing forest fires or other fires in any lands within any county, city, or district which makes an appropriation for such purpose, and;
WHEREAS, The purp ose of an operating plan is to increase and or enhance the fire ground operations within the CAL FIRE San Bernardino Unit Colton Wildland Contract Area including mutual threat zones. This plan would allow responding agencies to pre -designate the Unified Ordering point, VHF Radio Frequencies, establishment of a Unified Command structure for wildland fires in the contract area, and;
WHEREAS, The cost for Fiscal Year 2024-2025 is $42.58 per acre, for a total cost of $47,732.18, which includes an administrative fee of 12.10%.

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RVPUB\MXM\666167.1 - 2 -

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

The Agreement is hereby approved, adopted and incorporated herein.

PASSED, APPROVED AND ADOPTED this 16th day of July, 2024.

_____
FRANK J. NAVARRO
Mayor

ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

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ITEM NO. 9

STAFF REPORT

DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM WELCH, ECONOMIC DEVELOPMENT MANAGER
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO ACCEPT A GRANT

FROM THE MANUFACTURED HOUSING OPPORTUNITY
REVITALIZATION (MORE) FUND TOTALING $1,025,000,
RESOLUTION R-75-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve and Adopt Resolution N o. R-75-24 which includes updated language pr ovided by the California Department of Housing and Community Development for the MORE Grant Award.

BACKGROUND

On March 05, 2024, City Council approved Resolution No. R -11-24 which authorized the acceptance of the MORE Grant Award to the City of Colton in the amount of $1,025,000 for the FY2023-24. Subsequently, the California Department of Housing and Community Development requested that the approved resolution be amended to include additional language provided by the State.

ISSUES/ANALYSIS

Resolution R-75-24 includes the required language from the granting agency. There are no significant changes to the terms and conditions of the grant or the grant amount. This is only an administrative formality required by the granting agency.

FISCAL IMPACTS

None.
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Amended Resolution - MORE Grant
July 16, 2024

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ALTERNATIVES

1. Rescind approval of the grant award

2. Provide staff alternative direction

ATTACHMENT

1. Resolution R-75-24
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RESOLUTION NO. R-75-24

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

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WITH ITS

ACCOMPANYING MOU

WHEREAS, the California De partment of Housing and Community Development ("Department"), as authorized by California Health & Safety Code § 50780 et seq, has issued a Notice of Funding Availability, dated May 2, 2023, as amended November 9, 2023 (“MORE NOFA”).

WHEREAS, the City of Colton, a municipality (“Public Entity”), submitted an application to the Department in response to the MORE NOFA (“Application”) and in the foregoing capacity, was determined to be an eligible [Recipient] under the MORE Program pursuant to that certain co nditional award letter, dated [Date] (“Conditional Award Commitment”).

WHEREAS, On December 19, 2023, pursuant to the Conditional Award Commitment, the Department made a conditional award to the Public Entity in the amount of $1,025,000.

WHEREAS, On Marc h 05, 2024, City Council approved Resolution No. R -11-24 which authorized the acceptance of the MORE Grant Award to the City of Colton in the amount of $1,025,000 for the FY2023 -24 and amended the FY2023 -24 budget for grant acceptance and expenditure.

WHEREAS, Subsequently, the California Department of Housing and Community Development requested that the approved resolution be amended to include additional language provided by the State and the requested language is herein incorporated.

WHEREAS, the award expressly identified above will hereinafter be referred to as the “Program Award.”

NOW, THEREFORE, IT IS RESOLVED, that the Public Entity is hereby authorized and directed to act on its own behalf in connection with the Program Award.

RESOLVED FURTHER: Public Entity is hereby authorized and directed to accept and incur an obligation for the Program Award. That in connection with the total amount of the Program Award, the Public Entity is authorized and directed to enter into, execute, and deliver t he STD 213 Standard Agreement, and any and all other documents required or deemed necessary or appropriate to secure the Program Award from the Department and to participate in the MORE Program, and all amendments thereto (collectively, “Program Award Documents”).

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RESOLVED FURTHER: Public Entity acknowledges and agrees that it shall be subject to the terms and conditions specified in the STD 213 Standard Agreement, and that the MORE NOFA and the Application will be incorporated by reference therein and m ade a part thereof. Public Entity also acknowledges and agrees that any and all activities, expenditures, information, and timelines represented and described in the Application are enforceable through the STD 213 Standard Agreement. Public Entity also ack nowledges and agrees that Pro gram Award funds are to be expended only on the eligible uses and activities identified in the STD 213 Standard Agreement.

RESOLVED FURTHER: That the City Manager or his designee is hereby authorized to execute the Program Award Documents on behalf of the Public Entity.

NOW, THEREFORE, the City Council of the City of Colton does resolve as follows:

Section 1. The Resolution is hereby approved, adopted and incorporated herein.

PASSED, APPROVED AND ADOPTED this 16th day of July, 2024.

________________________________
FRANK J. NAVARRO, Mayor

ATTEST:

STEPHANIE VARGAS, Deputy City Clerk

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Attachment: Resolution R-75-24 (4582 : Amended Resolution - MORE Grant)

ITEM NO. 10

STAFF REPORT

DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE RECRUITMENT AND RETENTION MARKET

ADJUSTMENTS FOR COLTON POLICE OFFICERS ASSOCIATION
(CPOA), COLTON POLICE MANAGEMENT ASSOCIATION
(CPMA), AND COLTON POLICE DISPATCHERS ASSOCIATION
(CPDA; AND MEDICAL CAFETERIA PLAN ADJUSTMENTS FOR

COLTON POLICE OFFICERS ASSOCIATION (CPOA), COLTON

POLICE MANAGEMENT ASSOCIATION (CPMA), COLTON

FIREFIGHTERS ASSOCIATION (CFFA), COLTON POLICE

DISPATCHERS ASSOCIATION (CPDA), COLTON POLICE

CIVILIAN EMPLOYEES ASSOCIATION (CPCEA), TEAMSTERS
LOCAL 1932 - GENERAL EMPLOYEES UNIT (GENERAL UNIT),
TEAMSTERS LOCAL 1932 – MID-MANAGER EMPLOYEE UNIT
(MMA), INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS LOCAL 47, WATER/WASTEWATER DIVISION (IBEW,
WATER/WASTEWATER) AND UNREPRESENTED EMPLOYEES.

TO INCLUDE SEVEN (7) SIDE LETTERS AND THREE (3)
RESOLUTIONS, RESOLUTIONS R-59-24, R-60-24, R-61-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the attached side letters and resolutions for the City’s eight (8) employee associations participating in the City’s Cafeteria Medical Plan and approve the revised Confidential and Executive employee Groups wage and benefit resolution.

BACKGROUND

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The City of Colton has been experiencing a recruitment and retention emergency for the past 2 -3 years and has seen significant challenges with recruiting, attracting, and retaining qu alified personnel for every department and level of City employment. The City Manager's office has initiated a Labor Plan effort to increase Colton's salary structure to the average of comparable cities in the region. The associations addressed first are t he members of the Colton Police Officers Association (CPOA), Colton Police Management Association (CPMA), and Colton Police Dispatchers Association (CPDA).

The City’s Cafeteria Medical Plan contribution is below the region's contribution level and currently offers members of eight (8) associations and the two (2) non -represented groups a $1,425 monthly contribution. Kaiser's 2024 HMO Family Plan is the most chosen plan taken by the City of Colton employees, which is currently $2,250 monthly. PPO choices ar e even more expensive, thus resulting in many employees contributing substantially out of pocket to provide their families with medical coverage. The proposed action will bring the City’s monthly contribution up $200 per month from $1,425 per month to $1,625 per month.

Approval of these side letters and resolutions will bring these associations and non -represented classifications up to mid -level market compensation compared to our neighboring agencies and make the benefits package more attractive as we compete with these agencies for talent.

ISSUES/ANALYSIS

The City of Colton is below market for compensation and medical contribution across the board, which has resulted in difficulty filling positions with a high level of vacancies due to unsuccessful recruitments and retention issues. This turnover creates inefficiencies, burnout of existing employees, and additional costs for all departments as they constantly retrain and evaluate new employees. It also creates a liability risk for existing employees who sometimes work excessive hours providing services for the community.

The City and the eight (8) employee associations agree to the following side-letter provisions.

1. The City and the Colton Police Officers Association (CPOA) agree: In August 2024, association members will receive 1) 5% for Police Officer Trainee, 2) 5.5% for Police Officers, 3) 7% for Police Corporals/Detectives; and 4) 8.5% for Police Sergeants. The City and the Colton Police Officers Association (CPOA) agree to an additional $200/month medical contribution, up to $1,625/month. All other contract provisions remain the same and in effect.

2. The City and the Colton Police Dispatchers Association (CPDA) agree: In August 2024, association members will receive 1) 6.1% for Police Dispatcher I, 2) 8% for Police Dispatcher II, 3) 12% for Senior Police Dispatcher, 4) 12.02% for Supervising Communication Dispatcher. The City and Colton Police Dispatchers Association (CPDA) agree to an additional $200/month medical contribution, up to $1,625/month. All other 10 Packet Pg. 323
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contract provisions remain the same and in effect.

3. The City and the Colton Police Management Association (CPMA) agree: Since the CPMA classifications are benchmarked to the CPOA’s Sergeants classification, CPMA Lieutenant classification base salary level shall adjust 8.5% based on the CPOA Sergeant salary adjustment upon approval of CPOA side letter. The salary market survey with the City of Colton comparable agencies showed Colton Lieutenants were below the average market salary by 9%, and the Police Captains classification were below market 16%.

Subsequently, the Lieutenants would be afforded an additional .5%. The Captain classification will receive an additional 7% after CPOA side letter approval. In addition, starting in August 2024, associa tion members will receive an additional $200/month medical contribution, up to $1,625/month. All other contract provisions remain the same and in effect.

4. The City and Colton’s Firefighters Association (CFFA) agree: In August 2024, association members will receive an additional $200/month medical contribution, up to $1,625/month. All other contract provisions remain the same and in effect.

5. The City and the Teamsters Local 1932 – General Employees Unit (General Unit ) agree:

In August 2024, association membe rs will receive an additional $200/month medical contribution, up to $1,625/month. All other contract provisions remain the same and in effect.

6. The City and the Colton Police Civilian Employees Association (CPCEA) agree: In August 2024, association member s will receive an additional $200/month medical contribution, up to $1,625/month. All other contract provisions remain the same and in effect.

7. The City and the Teamsters Local 1932 – Mid-Manager Employee Unit (MMA) agree: In August 2024, association membe rs will receive an additional $200/month medical contribution, up to $1,625/month. All other contract provisions remain the same and in effect.

8. The City and the IBEW Local 47, Water/Wastewater (IBEW, Water/Wastewater) agree:

In August 2024, association me mbers will receive an additional $200/month medical contribution, up to $1,625/month. All other contract provisions remain the same and in effect.

9. Approve the Resolution governing non-represented Confidential Employees to include an additional $200/month medical contribution bringing the total up to $1,625/month beginning in August 2024. All other resolution provisions remain the same and in effect.

10. Approve the Resolution governing non -represented Executive Employees to include an 10 Packet Pg. 324
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additional $200/month me dical contribution, up to $1,625/month beginning in August 2024. All other resolution provisions remain the same and in effect.

FISCAL IMPACTS
These salary range adjustments for CPOA, CPMA and CPDA will cost approximately $728K annually, all of which is a ttributed to the General Fund. Those figures factor in the impact on PERS, the City’s portion of Medicare, and other provisioned percentage -based premium pay for the current employee census population.

An additional $200/month medical contribution per employee will cost approximately $1.02 million annually (including the anticipated impact of overtime), of which approximately $778K annually would be attributed to the General Fund.

For both items combined, $1.75M annually across all funds, approximate ly $1.51M representing the General Fund annual impact. Adoption of Resolution R -59-24 increases FY2024 -25 appropriations from General Fund reserve to effectuate these increases in the following accounts:

100-6070-6071-1010-0000-000 increase by $728,000
100-1000-1000-1010-0000-000 increase by $778,000

The impacts to appropriations for all other funds will be addressed through the mid -year budget review.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. 7-16-24 Executive R-60-24 Reso TC

2. Resolution R-59-24 Side Letters for 8 City employee associations

3. 7-16-24 Confidential R-61-24 Reso TC
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Resolution No. R 59-24

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