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
Chief Deputy City Clerk Stephanie M. Vargas
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, DECEMBER 17, 2024 – 6:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
NO CLOSED SESSION
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has ad opted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Gene rally, 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.
2 OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Josue Zapata - Centerpoint Church
FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Business Focus - Larson's Pharmacy
CITY CLERK ITEMS
(1) Certification of Election - November 5, 2024 - Approve and Adopt a Resolution of the City Council Reciting the Fact of the General Municipal Election, Held on November 5, 2024, Declaring the Result and such other Matters as Provided by Law, RESOLUTION NO. R-121-24.
OATH OF OFFICE
Chief Deputy City Clerk, Stephanie M. Vargas, calls the newly-elected City Officials forward. The Oath of Office and the Certificate of Election are issued.
COMMENTS FROM INCOMING CITY OFFICIALS
Personal comments from incoming City Officials
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
3 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.
(2) CDBG Project Prioritization Fiscal Year 2025-2026 - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION NO. R-122-24, PRIORITIZING PROJECTS TO BE FUNDED BY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2025 -2026, RESOLUTION NO.
R-122-24.
[Staff Person: Dawn Miller]
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
There are no Business Items.
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comm ent 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.
4 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.
(3) Minutes - Approval of Minutes for the City Council Regular Meeting Held on December 03, 2024, on File in the Office of the City Clerk.
[Staff Person: Stephanie Vargas]
(4) Warrants - Approve US Bank voucher dated 10/23/2024 and totaling $50,502.35; voucher numbers 216004 to 216144 dated 11/14/2024 and totaling $1,905,027.64; and voucher numbers 216145 to 216272 dated 11/21/2024 and totaling $1,034,780.18.
[Staff Person: Stacey Dabbs]
(5) Agreement - CalOES - Approve and Adopt an Agreement with California Office of Emergency Services (CalOES) for OES Type 1 Fire Engine, RESOLUTION NO. R-117-24. [Staff Person: Ray Bruno]
(6) Agreement - City of Loma Linda - Approve Agreement with City of Loma Linda for Operating Plan and Auto Aid Agreement 2025.
[Staff Person: Ray Bruno]
(7) Agreement - San Bernardino County Fire - Approve an Agreement For Automatic Aid and Mutual Aid Between San Bernardino County Fire Protection District and City of Colton. [Staff Person: Ray Bruno]
(8) Biennial Conflict of Interest Code - Approve and Adopt a Resolution Amending the City of Colton’s Conflict of Interest Code Pursuant to the Political Reform Act of 1974, RESOLUTION NO. R-123-24. [Staff Person: Stephanie Vargas]
(9) Contract Award - IE General Engineering - Approve Contract Award to IE General Engineering Inc. for Target Area Alley Reconstruction Project, RESOLUTION NO. R-43-24. [Staff Person: Robert DeLoach]
(10) MOU - County of San Bernardino - Approve Memorandum of Understanding Between the County of San Bernardino and City of Colton for Provision of Potable Water Services to Service Area for Terrace Water Company.
[Staff Person: Robert DeLoach]
(11) Obligation of Remaining Local Fiscal Recovery Funds (ARPA) - Approve Obligation of Remaining Local Fiscal Recovery Funds (ARPA), RESOLUTION R-124-24.
[Staff Person: Stacey Dabbs]
(12) Ongoing Emergency - AMPP - Affirm Ongoing Emergency at Agua Mansa Power Plant. [Staff Person: Charles Berry]
(13) Purchase - Fire Department Vehicle - Authorize the Purchase of a 2025 RAM 1500 Big Horn Crew Cab 4x4 for the Fire Department.
[Staff Person: Ray Bruno]
(14) Second Reading of Ordinance No. O-19-24 - Approve Second Reading of Ordinance No. O-19-24, Amending Colton Municipal Code Section 2.12.020 Increasing City Treasurer Salary, ORDINANCE NO. O-19-
24. [Staff Person: Stephanie Vargas]
5 MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.
CITY MANAGER'S REPORTS
ADJOURNMENT
6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(a), at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For th e Official Record, it is requested that you obtain a card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to exten d 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 C ity Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from t he 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 the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
7 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 prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in court any discussion or acti on taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.
ITEM NO. 1
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, CHIEF DEPUTY CITY CLERK
SUBJECT: APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION,
HELD ON NOVEMBER 5, 2024, RESOLUTION NO. R-121-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and Adopt Resolution No. R-121-24, certifying the results of the General Municipal Election held on November 5, 2024, which was consolidated with the Statewide General Election.
BACKGROUND
In accordance with City of Colton’s status as a General Law City, elections are held every two years.
At the June 04, 2024 Council meeting the City Council approved Resolution No. R-49-24 to call for the election of certain officers of the City and to order a General Municipal Election t o be held on Tuesday, November 5, 2024 , which will be consolidated with the Statewide General Election for the following:
1. District 1 Councilmember for full term of four years
2. District 2 Councilmember for full term of four years
3. City Clerk, at large, for full term of four years
4. City Treasurer, at large, for full term of four years
1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
Certification of Election - November 5, 2024
December 17, 2024
ISSUES/ANALYSIS
The San Bernardino County of Registrar of Voters (ROV) conducted the elections at the City’s request; completed a canvas of the votes; and provided certification of those results , which is included as Exhibit “A” to the resolution.
FISCAL IMPACTS
Certifying the election results has no direct fiscal impact. The estimate d cost for the election from the Registrar of Voters (ROV) is $136,000; the invoice is expected approximately ninety (90) days after the Certification of Election by ROV (March 2025). The FY2024-25 adopted budget included appropriations for the election expense in General Fund City Clerk Elections Expense Account No. 100-6010-6010-2401-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. RESOLUTION NO. R-121-24
2. EXIBIT A - Election Results
1.1 Packet Pg. 9
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28 RESOLUTION NO. R-121-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION, HELD ON NOVEMBER 5, 20 24, DECLARING THE RESULT AND
SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General M unicipal Election was held and conducted in the City of Colton, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the Election was duly given in the time, form and manner as provided by law; that voting precincts were pr operly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in the time, form and manner as required by the provisi ons of the Elections Code of the State of California for holding of elections in general law cities; and
WHEREAS, pursuant to Resolution No. R-49-24, adopted June 04 , 202 4, the San Bernardino County Registrar of Voters canvas sed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit “A”.
NOW, THEREFORE, THE CIT Y COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
1.1.a
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Attachment: RESOLUTION NO. R-121-24 (4736 : Certification of Election - November 5, 2024)
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28 SECTION 1. That the whole number of ballots cast in the precincts except vote by mail voter ballots and provisional ballots, was 3,035.
That the whole number of vote by mail voter ballots cast in the City was 11,680, making a total of 15,141 ballots cast in the City.
SECTION 2. That the names of persons voted for at the election for Members of the City Council are as follows:
DISTRICT 1 DAVID J. TORO
DISTRICT 2 KELLY J. CHASTAIN
KYLE J. KOPERSKI
That the names of the persons voted for at the election for City Clerk are as follows:
ADRIANNA ESCARCEGA
JOHN D. MITCHELL
ISAAC T. SUCHIL
That the names of the persons voted for at the election for City Treasurer are as follows: AURELIO DE LA TORRE
MIKE RAZO
1.1.a
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Attachment: RESOLUTION NO. R-121-24 (4736 : Certification of Election - November 5, 2024)
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28 SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in “Exhibit A” attached.
SECTION 4. The City Council does declare and determine that:
DAVID J. TORO was elected as the District 1 Council Member for the City of Colton for the full term of four years;
KELLY J. CHASTAIN was elected as the District 2 Council Member for the City of Colton for the full term of four years; ISAAC T. SUCHIL was elected as the City Clerk for the City of Colton for the full term of four years;
MIKE RAZO was elected as the City Treasurer for the City of Colton for the full term of four years;
SECTION 5. The Chief Deputy City Clerk shall enter on th e records of the City Council of the City, a statement of the result of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voter for; (4) The measure voted upo n; (5) The number of votes given at each precinct to each person, and for and against each measure; and (6) The total number of votes given to each person, and for and against each measure.
1.1.a
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Attachment: RESOLUTION NO. R-121-24 (4736 : Certification of Election - November 5, 2024)
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28 SECTION 6. The Chief Deputy City Clerk shall immediately make and deliver to each of the persons, so elected, a Certificate of Election signed by the Chief Deputy City Clerk and authenticated; that the Chief Deputy City Clerk shall also administer to each person elected the Oath of Office , prescribed in the Constitution of the State of California , and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 7. That the Chief Deputy City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 17th day of December, 2024.
____________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
STEPHANIE M. VARGAS
Chief Deputy City Clerk
1.1.a
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Attachment: RESOLUTION NO. R-121-24 (4736 : Certification of Election - November 5, 2024)
1.1.b
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Attachment: EXIBIT A - Election Results (4736 : Certification of Election - November 5, 2024)
1.1.b
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Attachment: EXIBIT A - Election Results (4736 : Certification of Election - November 5, 2024)
1.1.b
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Attachment: EXIBIT A - Election Results (4736 : Certification of Election - November 5, 2024)
1.1.b
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Attachment: EXIBIT A - Election Results (4736 : Certification of Election - November 5, 2024)
ITEM NO. 2
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DAWN MILLER, ASSISTANT TO THE CITY MANAGER SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION NO. R-122-24,
PRIORITIZING PROJECTS TO BE FUNDED BY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL
YEAR 2025-2026, RESOLUTION NO. R-122-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1) Accept all public testimony at the duly-noticed Public Hearing concerning the Community Development Block Grant (CDBG) funding proposals.
2) Adopt the attached Resolution R-122-24 approving the final prioritized list of recommended CDBG projects for Fiscal Year 2025-2026.
3) Authorize the City Manager to execute all applicable documents related to this action.
BACKGROUND
Since the Community Development Block Grant (“CDBG”) program’s inception in 1974, it has provided financial assistance to grantees for a variety of community development purposes. The U.S. Department of Housing and Urban Development (“HUD”) uses a formula to calculate the grant amount for each metropolitan city, urban county and state. CDBG funds can be used to benefit low and moderat e income residents by: building roads, parks, repairing or rehabilitating housing in target areas, by providing new or increased public services to income -qualifying residents, or by funding initiatives that generate new jobs. The County of San Bernardino ’s Community Development and Housing Department (“CDH”) currently provides project
1.2 Packet Pg. 18
Staff Report to the Mayor and City Council
CDBG Project Prioritization Fiscal Year 2025-2026
December 17, 2024
oversight for CDBG projects through the Urban County program, in which Colton is a partner and joint recipient.
Staff met with the CDBG Ad -hoc Committee on October 22, 2024 to review projects proposed by staff for submittal to CDH by the October 29, 2024 deadline. The CDBG Ad -hoc Committee consists of Mayor Navarro, Councilmember Gonzalez, and Planning Commissioners Baden and Grossich. The committee members present approve d the list of projects, and an application was submitted for each project to CDH prior to the deadline.
CDH completed its review of Colton applications, and on November 15, 2024, provided a list of eligible project applications. All projects submitted by Colton were deemed eligible for funding.
CDH has requested that Colton submit its list of funding recommendations by January 7, 2025.
This list is to be submitted on the Cooperating City Recommended Projects Form and must be formally approved by the Cit y Council. The completed Cooperating City Recommended Projects Form is included as an attachment to Resolution R-122-24.
ISSUES/ANALYSIS
The list of eligible project applications provided by CDH includes all projects submitted by the City. This is the same list that was reviewed and approved by the CDBG Ad -hoc Committee on November 26, 2024. As such, staff is recommending that the City Council formally approve this list of projects for formal submission back to CDH prior to the January 7, 2025 deadline . An approved Cooperating City Recommended Projects Form, along with City Council meeting minutes from the applicable City Council meeting, showing this approval, is the required documentation to be submitted to CDH.
There was one additional funding appl ication submitted to the County for consideration. The application is from an organization called “Girls on the Run Inland Empire,” with an address listed in Riverside, California. The application requests $10,000, which represents eighteen percent of Colton’s allocation for Public Service projects. The funds would be used to inspire at least forty girls in grades three through eight, from low- and moderate-income families in Colton, to be joyful, healthy, and confident. A copy of the application is att ached for reference. Staff does not recommend allocating Colton funding to this program. Doing so would divert funds from established and well -performing Public Service programs that have relied on CDBG funding in the past. Removing this funding could j eopardize the continued operation of these programs, as they would need to identify alternative funding sources to remain functional.
FISCAL IMPACTS
The City’s anticipated allocation of CDBG funds for Fiscal Year 2025 -2026 is $369,872, with $55,481 eligible for Public Service projects. CDBG funded projects completed by the City are 100% reimbursable, up to the approved project limit. Funded capital improvement projects will
1.2 Packet Pg. 19
Staff Report to the Mayor and City Council
CDBG Project Prioritization Fiscal Year 2025-2026
December 17, 2024
be included in the 2025 -2026 Capital Improvement Program and will be included i n the City’s budget. Funded Public Service projects will be included in the City’s budget by the Community Services Department.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Public Hearing Notice
2. Resolution R-122-24 CDBG Prioritization FY 2025-2026
3. Exhibit A – Cooperating City Recommended Projects Form
4. Application - Girls on the Run Inland Empire
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to the public that the City Council of the City of Colton will hold a public hearing in the Council Chambers of the City Hall, located at 650 North La Cadena Drive, on TUESDAY, December 17 , 2024, at 6:00 P.M., or as soon thereafter as the matter may be heard, to consider the following actions:
COMMUNITY DEVE LOPMENT BLOCK GRANT (CDBG) PROJECT
PRIORITY RECOMMENDATIONS FOR FISCAL YEAR 202 5/2026
CDBG FUNDS.
Copies of project proposals eligible and those recommended for funding are available for public inspection in the Office of the City Clerk at 650 North La Cadena Drive, Colton, California.
The open session of the City Council begins at 6:00 P.M. that evening in the Council Chambers located at 650 North La Cadena Drive.
If you challenge the proposed action in court, you may be limited to raising only those issues that you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
Dated: November 26, 2024
/s/
________________________________
STEPHANIE VARGAS
Deputy City Clerk
City of Colton
1.2.a
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Attachment: Public Hearing Notice (4727 : CDBG Project Prioritization Fiscal Year 2025-2026)
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RESOLUTION NO. R-122-24
A RESOLUTION OF THE CIT Y COUNCIL OF THE CITY OF COLTON, CALIFORNIA ,
PRIORITIZING PROJECTS TO BE FUNDED BY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2025-2026
WHEREAS, the City Council of the City of Colton elected to enter into a Cooperation Agreement with the County of San Bernardino in order to receive Community Development Block Grant (“CDBG”) funds; and
WHEREAS, as a “Cooperating City, ” the City of Colton anticipates receiving $369,872 in CDBG funds for Fiscal Year 2025-2026; and
WHEREAS, the City Council, as the governing body of the City of Colton, is required by statute to take a formal action approving a prioritized list of projects to be recommended to the County for funding with CDBG funds for Fiscal Year 2025-2026 as part of their Urban County Consolidated Plan to comply with CDBG program regulations and subject to available funding; and
WHEREAS, the City Council seated a committee, known as the CD BG Ad Hoc Committee, comprised of t wo (2) City Council members and t wo (2) Planning Commissioners, to review the eligible projects and make funding reco mmendations to the Council; and
WHEREAS, the CDBG Ad Hoc Committee met on November 26 , 2024, and determined their recommendations for prioritization of the available CDBG allocation; and,
WHEREAS, the City of Colton is required to inform the County of San Bernardino , through completion of the Cooperating City Recommended Projects form, regarding the priority of eligible projects to be funded with CDBG funds for Fiscal Year 2025-2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, DOES HEREBY RESOLVE AND FIND AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct.
SECTION 2. The City Council of the City of Colton hereby prioritizes the projects for funding with CDBG funds in Fiscal Year 202 5-2026, as listed on the Cooperating City Recommended Projects Form, attached hereto as Exhibit A, and incorporated by reference.
SECTION 3. The City Council of the City of Colton has determined that the prioritization recommendation in this Resolution is not a “project” requiring environmental review pursuant to the California Environmental Quality Act (Public Resources Code, sections 21000, et seq.); rather, this prioritization relates to a government funding mechanism that does not involve any commitment to any specific project and, as a result, is excluded from the definition of
1.2.b
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Attachment: Resolution R-122-24 CDBG Prioritization FY 2025-2026 (4727 : CDBG Project Prioritization Fiscal Year 2025-2026)
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“project” in section 15378(b)(4) of the State CEQA Guidelines (Title 14 California Code of Regulations sections 15000, et seq.). The Deputy City Clerk is authorized and directed to file all appropriate notices pursuant to CEQA with the Clerk of the Board of Supervisors of the County of San Bernardino, California.
SECTION 4. The Chief Deputy City Clerk shall certify to the adoption of this Resolution. This Resolution shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 17th day of December, 2024.
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FRANK J. NAVARRO, Mayor
ATTEST:
_______
STEPHANIE VARGAS, Chief Deputy City Clerk
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Attachment: Resolution R-122-24 CDBG Prioritization FY 2025-2026 (4727 : CDBG Project Prioritization Fiscal Year 2025-2026) City (1): City Council Hearing Date (2): 17-Dec-24
$ 369,872 Public Service Limit (15%) (4): $ 55,481 $550.28 Public Service
YIN
(8)
Applicant's
Requested Amount (9)
City's 2025-2026
Recommended
Allocation Amount
(10)
Available
Unprogrammed
Funds to Commit
to Activity
(11)
Public Service
Amount
(12)
Activity
Total
(13)
N $ 369,872 $ 314,391 $ - $ - 314,391$ Y $ 17,500 $ 15,781 $ - $ 15,781 15,781$ Y $ 22,500 $ 20,700 $ - $ 20,700 20,700$ Y $ 20,000 $ 19,000 $ - $ 19,000 19,000$ $ - $ - $ - -$ $ - $ - $ - $ - -$ $ - $ - $ - $ - -$ $ - $ - $ - $ - -$ $ - $ - $ - $ - -$ Totals (14)
429,872$ 369,872.00$ $ - $ 55,481.00 369,872.00$ Public Service Calculation (15):
55,481$
Less Total Public Service
Activity Amount: $ 55,481.00 $ (0) 550.28$
Signature Date (18)
The City agrees to enter into a "General Fund Guarantee" in order for the County to recommend activity funding.
COUNTY OF SAN BERNARDINO
Community Development and Housing Department
2025-2026 Community Development Block Grant (CDBG) Program Cooperating City Recommended Projects Form
CDH Application Log #
(6)
COLT25CN-005
City's 2025-2026 Allocation (3):
Available Unprogrammed Funds From
Prior Years (5):
City of Colton
Project Title
(* indicates project requires a "General Fund Guarantee") (7)
Target Area Alley Reconstruction Rehabilitation
Afterschool Programs at Thompson Teen Center
Community and Homeless Resources
Adult Literacy and Youth After School Homework Assist
COLT25PS-015
COLT25PS-014
COLT25PS-016
Remaining Balance of Unprogrammed Funds (16):
Public Service Limit:
Authorized City Representative (17):
General Fund Guarantee Certification (19)
For Third-Party capital improvement activities, the City understands that reimbursements received from the County for which no measurable outcome is achieved may subsequently be required to be repaid by the City (using non-federal funds) to County. Measurable outcomes are defined as providing benefits to low- to moderate-income individuals, families, organizations, and communities and are derived from the project or program.
Amount Available to Program to Public
Service Activities:
YES
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Attachment: Exhibit A – Cooperating City Recommended Projects Form (4727 : CDBG Project Prioritization Fiscal Year 2025-2026)
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Attachment: Application - Girls on the Run Inland Empire (4727 : CDBG Project Prioritization Fiscal Year 2025-2026)
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Attachment: Application - Girls on the Run Inland Empire (4727 : CDBG Project Prioritization Fiscal Year 2025-2026)
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Attachment: Application - Girls on the Run Inland Empire (4727 : CDBG Project Prioritization Fiscal Year 2025-2026)
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Attachment: Application - Girls on the Run Inland Empire (4727 : CDBG Project Prioritization Fiscal Year 2025-2026)
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Attachment: Application - Girls on the Run Inland Empire (4727 : CDBG Project Prioritization Fiscal Year 2025-2026)
ITEM NO. 3
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, CHIEF DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON DECEMBER 03, 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 December 03, 2024.
BACKGROUND
Minutes for the City Council Regular Meeting held on December 03, 2024.
FISCAL IMPACTS
None
ATTACHMENT
1. 12-03-2024 - Draft Minutes
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December 03, 2024 Regular City Council Meeting 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
December 03, 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 Ruben Cimental – Sovereign Grace Impact Ministries FLAG SALUTE: Veterans of Foreign Wars POST 6476 Marine Veteran – Tom Leon
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Chief Deputy City Clerk Dr. Luis S. González
MPT John Echevarria
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Proclamation - City Treasurer Aurelio De La Torre
Mayor Navarro read a proclamation recognizing City Treasurer Aurelio De La Torre for his honorable and faithful service to the City of Colton for over 18 years. Mayor Navarro then invited the rest of the Council to join him at the podium to present Aurelio with a plaque of recognition for his outstanding commitment and remarkable achievements. Aurelio expressed his appreciation to all of the elected officials and staff members that he was able to work with as the City Treasurer and shared his positive experience working in the City of Colton.
Recognition - Walmart Store Managers
MPT Echevarria presented a recognition certificate to Cheryl Peetz and Naeasia Cole, who are the Managers for Walmart in Colton, for their service and contributions to our city; accepted by Cheryl Peetz and Naeasia Cole. Echevarria described the different community events, charity initiatives, and charity drives, that have benefited the City of Colton, and thanked them for their commitment to giving back to the community. Cheryl thanked the council for the recognition and expressed their commitment to continuing to give back to the community.
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Attachment: 12-03-2024 - Draft Minutes (4776 : Draft Minutes 12-03-24) December 03, 2024 Regular City Council Meeting 2 -
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF DECEMBER 03, 2024.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
APPOINTMENTS
None
MAYOR AND COUNCIL DISCUSSION ITEMS
None
PUBLIC HEARINGS
None
BUSINESS ITEMS
(1) Ordinance - City Treasurer Salary - Waive Full Reading, Read by Title Only and Pass First Reading of Ordinance No. O-19-24, An Ordinance of the City Council of the City of Colton, California, Amending Colton Municipal Code Section 2.12.020 Increasing City Treasurer Salary, ORDINANCE NO. O-19-
24. [Staff Person: Bill Smith]
Staff Presentation
City Manager , Bill Smith , presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
City Manager Bill Smith.
Motion and Second by CM Chastain / CM Gonzalez to Waive full reading, read by title only, and pass th e first reading for Ordinance No. O-19-24.
Vote: Unanimous, Motion Passes
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Attachment: 12-03-2024 - Draft Minutes (4776 : Draft Minutes 12-03-24) December 03, 2024 Regular City Council Meeting 3 -
***************************************************************************
PUBLIC COMMENT
The following community members addressed the Council: Nick Zupkofska and Pam Lemos.
***************************************************************************
CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 13.
Motion and Second by CM González/ CM Chastain to approve consent calendar Items 2 through 13.
Vote: Unanimous, Motion Passes
(2) Minutes - Approval of Minutes for the City Council Regular Meeting Held on November 19, 2024, on File in the Office of the City Clerk.
(3) Warrants - Approve voucher numbers 215691 to 215771 dated 10/29/2024 and totaling $91,732.81; vouchers numbers 215772 to 215905 dated 10/31/2024 and totaling $759,388.07; wires dated 11/06/2024 and totaling $4,160,500.33; vouchers numbers 215908 to 216003 dated 11/07/2024 and totaling $2,060,263.94; a payroll disbursement listing dated 09/28/2024 to 10/11/2024 and totaling $1,151,192.14 and payroll disbursement listing dated 10/12/2024 to 10/25/2024 and totaling $1,200,875.65.
(4) Amend Elected Official Benefit Resolution and Investment Policy - Amend Elected Official Benefit Resolution and Investment Policy, RESOLUTION NO. R-118-24, R-119-24, R-120-24, & SAR-01-
24. (5) Annual Power Source Disclosure Report and Power Content Label - Approve and Adopt Resolution for the 2023 Annual Power Source Disclosure & 2023 Power Content Label, RESOLUTION NO. R-116-
24. (6) Continued Funding Application - CA Dept. of Social Services - Approve a Resolution Adopting the CA Department of Social Services FY 25-26 Continued Funding Application for the Early Care and Education Division, RESOLUTION NO. R-115-24.
(7) Contract Amendment - ECORP Consulting - Approve First Contract Amendment for Environmental Services with ECORP Consulting Inc., and Corresponding Reimbursement Agreement with Applicant.
(8) Contract Amendment - Minagar & Associates - Approve First Amendment to Professional Services Agreement with Minagar and Associates, Inc. for Traffic Consulting Services for FY 24/25.
(9) Contract Award - Roadway Engineering & Construction - Approve Contract Award to Roadway Engineering & Construction Corp. for the Police Department Parking Lot Expansion Project.
(10) Contract Award - Yoda Painting Inc. - Award Contract to Yoda Painting, Inc. for the ARPA Funded Gonzales and Hutton Centers Painting Project.
(11) Ongoing Emergency - AMPP - Affirm Ongoing Emergency at Agua Mansa Power Plant.
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Attachment: 12-03-2024 - Draft Minutes (4776 : Draft Minutes 12-03-24) December 03, 2024 Regular City Council Meeting 4 -
(12) Set Public Hearing - CDBG 2025-2026 Projects - Set Public Hearing for the City Council Meeting of December 17, 2024, to Consider Submission of CDBG Projects for Fiscal Year 2025-2026 to the County of San Bernardino.
(13) Second Reading of Ordinance No. O-18-24 - Approve Second Reading of Ordinance No. O-18-24, to Amending Chapter 5.54 of the Colton Municipal Code Regarding Commercial Cannabis Business, ORDINANCE NO. O-18-24.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
City Manager, Bill Smith, expressed his appreciation for City Treasurer, Aurelio De La Torre, and credited the city’s financial success to Aurelio’s service.
.ADJOURNMENT
At 7:04 p.m. Mayor Navarro adjourned the Regular Council Meeting in memorium to Margaret De La R osa, and offered thoughts and prayers to the fire victims effected by the recent house fires t hat occurred across the street from City Hall.
__________________________
Stephanie M. Vargas, CMC, CPMC
Chief Deputy City Clerk
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Attachment: 12-03-2024 - Draft Minutes (4776 : Draft Minutes 12-03-24)
ITEM NO. 4
STAFF REPORT
DATE: DECEMBER 17, 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 10/23/2024 AND
TOTALING $50,502.35; VOUCHER NUMBERS 216004 TO 216144
DATED 11/14/2024 AND TOTALING $1,905,027.64; AND VOUCHER NUMBERS 216145 TO 216272 DATED 11/21/2024 AND TOTALING
$1,034,780.18.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve US Bank voucher dated 10/23/2024 and totaling $50,502.35; voucher numbers 216004 to 216144 dated 11/14/2024 and totaling $1,905,027.64; and voucher numbers 216145 to 216272 dated 11/21/2024 and totaling $1,034,780.18.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
ALTERNATIVES
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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
December 17, 2024
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
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City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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ITEM NO. 5
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: RAY BRUNO, FIRE CHIEF
SUBJECT: APPROVE AND ADOPT AN AGREEMENT WITH CALIFORNIA OFFICE OF EMERGENCY SERVICES (CALOES) FOR OES TYPE 1
FIRE ENGINE, RESOLUTION NO. R-117-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Resolution R -117-24 ratifying approval of the Agreement for Temporary Assignment of Vehicular Equipmen t with the California Office of Emergency Services (Cal OES) for the City of Colton to be assigned a Cal OES 2024 HME Type 1 Fire Engine Number: 6107 to the Colton Fire Department and ratifying Mayor Frank Navarro entering into the Agreement on behalf of the City Council.
BACKGROUND
The California Office of Emergency Services (OES) owns a large fleet of firefighting engines, rescue equipment, water tenders and other equipment that it assigns to local governments. These vehicles are maintained by hosting fire departments and are available for use in the hosting agency as back-up equipment. In turn, each city agrees to staff the equipment when needed for disasters of all types.
Colton has hosted an OES Type -1 engine for over 20 years and uses it as a rese rve in the City when needed. The OES engine has been sent throughout the state and out-of-state on occasion.
As part of the OES engine replacement plan, the Type -1 Engine currently assigned to the City of Colton has been scheduled to be replaced with a new 2024 HME Type-1 Engine.
The new Type-1 Engine will be placed at Fire Station 213 on La Cadena in Colton. 5 Packet Pg. 110
Staff Report to the Mayor and City Council
Agreement - CalOES
December 17, 2024
ISSUES/ANALYSIS
OES notified Fire that it had been approved to receive a 2024 HME Type -1 Fire Engine number 6107 (E6107) for a fifteen (15) yea r period. The attached Agreement was signed by Mayor Navarro on Thursday November 21, 2024, and memorializes the parameters of hosting E6107.
E6107 must be housed in an enclosed secure structure and maintained for immediate emergency use at the same standard as other Colton equipment.
FISCAL IMPACTS
The fiscal impact of hosting E6107 includes covering maintenance costs of up to $100 per repair.
The minimal repair costs will be included in the annual Fire Department operations budget.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. 2024 OES Type 1 Contract
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Attachment: 2024 OES Type 1 Contract (4760 : Agreement - CalOES)
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Attachment: 2024 OES Type 1 Contract (4760 : Agreement - CalOES)
ITEM NO. 6
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: RAY BRUNO, FIRE CHIEF
SUBJECT: APPROVE AGREEMENT WITH CITY OF LOMA LINDA FOR
OPERATING PLAN AND AUTO AID AGREEMENT 2025.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the Automatic Aid Agreement dated December 17, 2024, between the City of Colton Fire Department and the City of Loma Linda Fire Department, along with the accompanying Operating Plan for 2025.
BACKGROUND
The City of Loma Linda and the City of Colton have a longstanding history of collaboration in emergency response. Both municipalities are legally authorized and equipped to provide fire protection, em ergency medical services (EMS), hazardous materials response, and technical rescue within their respective jurisdictions. The proposed Automatic Aid Agreement and Operating Plan establish a formal and organized structure for reciprocal emergency services.
This agreement aligns with the "closest unit" response model, designed to ensure that the most appropriate and timely resources are dispatched to emergencies, regardless of jurisdictional boundaries. This collaboration aims to enhance public safety and op timize emergency response times for the benefit of both communities.
ISSUES/ANALYSIS
Operational Efficiency: The agreement specifies that each department will respond to emergencies in the other jurisdiction with the nearest available units. This system reduces response times and improves outcomes for life and property protection. The arrangement also 6 Packet Pg. 124
Staff Report to the Mayor and City Council
Agreement - City of Loma Linda
December 17, 2024
provides for the sharing of specialized resources and joint training, fostering a unified and effective emergency response strategy.
Command and Control: The agreement stipulates the use of the Incident Command System (ICS), ensuring coordinated command structures and seamless incident management. The Agency Having Jurisdiction (AHJ) will have authority over strategic decisions, while initial incident command will be managed by the first arriving unit, regardless of jurisdiction.
No Cost Reimbursement: The agreement is based on mutual aid without financial compensation, except for circumstances covered under separate reimbursement agreements or provisions. T his approach emphasizes the spirit of cooperation and mutual support between Loma Linda and Colton.
Dispatch and Communication: The Operating Plan outlines procedures for automatic dispatching through the San Bernardino Communications Center. Both agencie s agree to abide by shared dispatch protocols, utilize compatible radio communications, and coordinate resource deployment through Computer-Aided Dispatch (CAD) systems.
Training and Competency: Joint training initiatives are mandated under the agreement, ensuring that personnel maintain a high level of skill and interoperability.
FISCAL IMPACTS
The implementation of this Automatic Aid Agreement does not require additional appropriations.
Each party will continue to cover costs related to their own perso nnel, equipment maintenance, and insurance. The agreement enhances resource efficiency without imposing financial burdens on either jurisdiction.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A Loma Linda - Colton Operating Plan 2025
2. Exhibit B LOMA LINDA - COLTON AUTOMATIC AID AGREEMENT 6 Packet Pg. 125
2025 ANNUAL OPERATION PLAN
CITY OF LOMA LINDA FIRE DEPARTMENT AND
CITY OF COLTON FIRE DEPARTMENT
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ATTACHMENT “A”
OPERATING PLAN
between the
CITY OF LOMA LINDA FIRE DEPARTMENT and the
CITY OF COLTON FIRE DEPARTMENT
This Operating Plan is adopted pursuant to the Automatic Aid Agreement dated December 17th, 2024, between the City of LOMA LINDA Fire Department (herein referred to as “LOMA LINDA”) and the City of Colton Fire Department (herein referred to as “COLTON”). LOMA LINDA and COLTON are referred to individually herein as the “Party” or the “Agency” and are collectively referred to herein as the “Parties.” The following Operating Plan outlines the dispatching, emergency incident response, and command and control elements to implement the Automatic Aid Agreement.
This Operating Plan can be modified at any time with mutual written agreement by the Fire Chiefs for LOMA LINDA and COLTON.
RECITALS:
1. LOMA LINDA and COLTON are local government agencies governed by the City Council and provide life and property fire protection, emergency medical services (EMS) res ponse, hazardous materials response, technical rescue, and related emergency services.
2. LOMA LINDA and COLTON are dispatched by the San Bernardino Communications Center (Comm Center) located in Rialto, California. The Comm Center serves as the dispatch ce nter for the San Bernardino County Fire and Rescue Operational Area coordinating all mutual aid activity within San Bernardino County.
3. The responding Automatic Aid engine companies will be the closest available to LOMA LINDA and COLTON. The agency responding to a request of the other agency may decline an automatic aid request.
4. Response as part of this Agreement will be without expectation of cost reimbursement and will be considered Master Mutual Aid (MMA), unless criteria are met for reimbursement via another source.
5. Both Parties will adhere to Emergency Medical Services (EMS) policies, procedures, and protocols as required by the San Bernardino EMS Agency and the California EMS Authority. Most regulations will appear in Health and Safety Code Section 1797 et al.
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Attachment: Exhibit A Loma Linda - Colton Operating Plan 2025 (4761 : Agreement - City of Loma Linda) 2025 ANNUAL OPERATION PLAN
CITY OF LOMA LINDA FIRE DEPARTMENT AND
CITY OF COLTON FIRE DEPARTMENT
2 of 3
6. As an extension of this Operation Plan, both Parties will jointly train and ensure the highest levels of competence as part of this agreement.
EMERGENCY INCIDENT RESPONSE:
1. Each of the Parties will respond with the appropriate apparatus and equipment, dependent on availability of resources and as dispatched by their dispatch center.
2. The services to be rendered pursuant to this Agreement shall consist of providing first alarm fire response, rescue, or EMS. Each Agency agrees to provide, when and where possible, all its own additional apparatus and equipment necessary in the event of a Second or Third Alarm involvement within its own geographical boundaries or to request mutual aid from the operating area.
3. Both Parties may provide to each oth er, upon request, any special equipment needed to meet unusual emergency needs, provided such special equipment is available. This will only apply to resources considered Master Mutual Aid. Resources other than Master Mutual Aid may be considered assistanc e by hire (ABH), unless covered by another cost reimbursement agreement (CFAA, CFMA, etc.). This may include chief or fire officer response as well as approved apparatus and equipment.
4. The Incident Command System (ICS) will be the only system used for th e command of emergencies. The Agency Having Jurisdiction (AHJ) always has the command responsibility and the final authority as to strategy and tactics at the incident.
Regardless of jurisdiction, the first arriving unit shall initiate command and seek control of the incident. The AHJ resource will assume command from the other agency upon arrival. When responding into the other Agency’s jurisdiction, the responding unit becomes a resource of the receiving unit and, as such, is under the control of that Agency until released. Under Master Mutual Aid, an Agency can recall assigned resources at any time. Serious consideration shall be extended to the receiving agency if resources(s) are recalled during a working emergency.
5. Automatic Aid shall apply only to e mergency incidents and shall not apply to non - emergency situations such as water removals, standbys, public assistance, etc.
6. Command support and tactical radio frequencies will be determined and assigned by jurisdictional dispatch center based upon establ ished communication plans.
LOMA LINDA and COLTON may share radio frequencies for training, emergency incidents and joint resource operations.
7. The responsibility for requesting paramedic ambulances, law enforcement, or CHP will be made through the Incident Commander (IC) to the jurisdictional dispatch center.
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Attachment: Exhibit A Loma Linda - Colton Operating Plan 2025 (4761 : Agreement - City of Loma Linda) 2025 ANNUAL OPERATION PLAN
CITY OF LOMA LINDA FIRE DEPARTMENT AND
CITY OF COLTON FIRE DEPARTMENT
3 of 3
8. Fire station coverage under this Agreement will be the responsibility of each Agency unless otherwise requested via the Mutual Aid System.
9. Logistical support of emergencies will be the responsible of the AHJ.
DISPATCH PROCEDURES
1. The Parties agree to respond resources as suggested by Computer Aided Dispatch (CAD), dependent on availability. The Parties agree to the following provisions:
COLTON will provide:
Structure Fire - One Engine or Aerial up to the third resource as suggested in the CAD line-up. (automatic response upon notification)
Vegetation Fire - One Engine Company up to the third resource as suggested in the CAD line-up. (automatic response upon notification)
Emergency Medical Service call - One Engine Company up to the third resource as suggested in the CAD line-up (automatic response upon notification).
LOMA LINDA will provide:
Structure Fire - One Engine Company up to the third resource as suggested in the CAD line-up. (automatic response upon notification)
Vegetation Fire - One Engine Company up to the third resource as suggested in the CAD line-up. (automatic response upon notification)
Emergency medical service call - One Engine Company up to the third resource as suggested in the CAD line-up. (automatic response upon notification)
Reviewed and Approved by:
CITY OF LOMA LINDA FIRE DEPARTMENT
By: _______________________________ ______________________________ Dan Harker, Fire Chief Dated
CITY OF COLTON FIRE DEPARTMENT
By: _______________________________ ______________________________ Ray Bruno, Fire Chief Dated
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Attachment: Exhibit A Loma Linda - Colton Operating Plan 2025 (4761 : Agreement - City of Loma Linda)
AUTOMATIC AID AGREEMENT
CITY OF LOMA LINDA FIRE DEPARTMENT AND
CITY OF COLTON FIRE DEPARTMENT
1 of 3
AUTOMATIC AID AGREEMENT
THIS AGREEMENT, made and entered this 17th day of December 2024, by and between the
CITY OF LOMA LINDA FIRE DEPARTMENT
(HERIN REFERRED TO AS “LOMA LINDA”)
AND
CITY OF COLTON FIRE DEPARTMENT
(HERIN REFERRED TO AS “COLTON”)
RECITIALS
WHEREAS, the parties to this Agreement are both legally empowered to provide fire protection and rescue services within their respective jurisdictions; and
WHEREAS, the parties of this Agreement maintain, as part of their municipal service, an organized and equipped Fire Department, charged with the duty of fire protection and rescue within their respective jurisdiction; and
WHEREAS, it is in the best interest of the citizens of LOMA LINDA and COLTON to provide the most expeditious response to suppress fires and render other emergency service; and
WHEREAS, each party is desirous of providing to the other a reasonable and reciprocal exchange of fire, rescue and emergency medical services on a day-to-day basis; and,
WHEREAS, this Agreement is authorized by provisions of applicable state and federal law;
NOW, THEREFORE, in consideration of these mutual promises, covenants, and conditions hereinafter set forth, the parties hereto agree as follows:
A. Pursuant to the authority granted by Section 55632 of the California Government Code (California Disaster and Civil Defense Master Mutual Aid Agreement), LOMA LINDA and COLTON agree to respond to emergency incidents outside of their geographical jurisdicti ons and into the geographical jurisdiction of the other in accordance with the terms of this agreement.
B. The specific details of the services to be provided under this agreement shall be determined by LOMA LINDA and COLTON Fire Chiefs. These services shall be detailed in an Operating Plan (Attachment “A”). Said Attachment “A” is hereby made part of this Agreement by this reference. The LOMA LINDA and COLTON Fire Chiefs shall review Attachment “A” annually and, as necessary, make amendments in writing. Any amendments shall become part of this Agreement. It is understood that all Operating Plans dealing with emergency response shall adhere as closely as practical to the “closest unit” concept which forms the basis for this Agreement.
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Attachment: Exhibit B LOMA LINDA - COLTON AUTOMATIC AID AGREEMENT (4761 : Agreement - City of Loma Linda)
AUTOMATIC AID AGREEMENT
CITY OF LOMA LINDA FIRE DEPARTMENT AND
CITY OF COLTON FIRE DEPARTMENT
2 of 3
C. Each party shall mainta in Workers’ Compensation Insurance covering its own employees without cost to the other agency and each agency shall pay its own personnel without cost to the other agency.
D. Each of the parties shall be fully responsible for all repair and maintenance, including gas, oil, lubrication, parts, replacement and repair of casualty damage of its own apparatus and equipment used pursuant to this Agreement while said equipment is used outside of its geographical boundaries.
E. Each party will be responsible to prov ide law enforcement and traffic control personnel within its own geographical boundaries.
F. The Fire Chiefs of the parties shall have joint authority and responsibility for the administration of this Agreement which they may delegate to their agents or employees in their respective Fire Departments.
G. The agency receiving aid shall provide, if possible, an officer of its Fire Department, who will be in charge and direct activities and assume the responsibility for releasing all Fire Department resources from the scene.
H. No payment of any kind shall be made between the parties as compensation for any services performed pursuant to this agreement. Services performed for no compensation are limited to staffed fire apparatus, rescue squads, aerial fire apparatus, and overhead (chief officer) personnel and associated equipment.
I. Each agency may, upon its own initiative, go upon land which is within the boundaries of the other agency to engage in fire suppression and/or rescue, or to provide emergency medical services without prior authorization; provided however, its forces shall not knowingly perform any act of a nature which will reflect to the discredit or which is contrary to the established policy of the responsible agency.
J. When an emergency incident occurs along the border between protection jurisdictions, it is agreed that under no circumstances should there be any delay in response pending determination of the precise location. It shall be agreed both agencies shall send forces promptly to start appropriate action on borderline incidents. Each of the parties shall be fully responsible for the preservation of evidence.
K. Each party shall defend, indemnify, and hold harmless the other party and their respective agents, servants, and employees, of and from any, and all, liabilities, claims, demands, debts, suits, actions, and causes, arising out of, or in any manner connected with, any act or omission of such indemnifying party hereunder, or its agent’s servants or employees, done or performed pursuant to the terms and conditions of this Agreement.
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Attachment: Exhibit B LOMA LINDA - COLTON AUTOMATIC AID AGREEMENT (4761 : Agreement - City of Loma Linda)
AUTOMATIC AID AGREEMENT
CITY OF LOMA LINDA FIRE DEPARTMENT AND
CITY OF COLTON FIRE DEPARTMENT
3 of 3
L. This agreement shall be effective as of the day and year herein above written and continue until terminated by either party by giving 90 days’ written notice to the designated person below. Notice shall be deemed to be given when delivered personally to the person designated below, or his successor, or when five (5) days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid, or on the next business day if sent by express mail or overnight air courier.
LOMA LINDA Fire Department COLTON Fire Department
ATTN: Fire Chief ATTN: Fire Chief
25541 Barton Road 303 East “E” Street
Loma Linda, CA 92354 Colton, CA 92324
IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.
Approval
IN WITNESS WHEREOF, the PARTIES have executed this Automatic Aid Agreement between City of LOMA LINDA Fire Department and City of COLTON Fire Department as of the date written below:
LOMA LINDA: COLTON:
__________________________________ ___________________________________ (Authorized Signature - blue ink only) (Authorized Signature – blue ink only) Phil Duper, Mayor, City of Loma Linda Frank Navarro, Mayor, City of Colton
___________________________________ ___________________________________ Date Date
ATTEST: ATTEST:
_________________________________ ___________________________________ Authorized signature Authorized signature
___________________________________ ___________________________________ Lynette Arreola, City Clerk Stephanie M. Vargas, Chief Deputy City Clerk
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Attachment: Exhibit B LOMA LINDA - COLTON AUTOMATIC AID AGREEMENT (4761 : Agreement - City of Loma Linda)
ITEM NO. 7
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: RAY BRUNO, FIRE CHIEF
SUBJECT: APPROVE AN AGREEMENT FOR AUTOMATIC AID AND
MUTUAL AID BETWEEN SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT AND CITY OF COLTON.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the Agreement for Automatic Aid and Mutual Aid Between San Bernardino County Fire Protection District and City of Colton.
BACKGROUND
The City of Colton and the County of San Bernardino have a longstanding history of collaboration in emergency response and the City of Colton has provided fire protection and paramedic service to the County pockets within Colton sin ce 1975. Both municipalities are legally authorized and equipped to provide fire protection, emergency medical services (EMS), hazardous materials response, and technical rescue within their respective jurisdictions. The proposed Automatic Aid Agreement an d Operating Plan establish a formal and organized structure for reciprocal emergency services.
This agreement aligns with the "closest unit" response model, designed to ensure that the most appropriate and timely resources are dispatched to emergencies, r egardless of jurisdictional boundaries. This collaboration aims to enhance public safety and optimize emergency response times for the benefit of both communities.
ISSUES/ANALYSIS
7 Packet Pg. 132
Staff Report to the Mayor and City Council
Agreement - San Bernardino County Fire
December 17, 2024
Operational Efficiency: The agreement specifies that each department will respond to emergencies in the other jurisdiction with the nearest available units. This system reduces response times and improves outcomes for life and property protection. The arrangement also provides for the sharing of specialized resources and joint training, fostering a unified and effective emergency response strategy.
Command and Control: The agreement stipulates the use of the Incident Command System (ICS), ensuring coordinated command structures and seamless incident management. The Agency Havin g Jurisdiction (AHJ) will have authority over strategic decisions, while initial incident command will be managed by the first arriving unit, regardless of jurisdiction.
No Cost Reimbursement: The agreement is based on mutual aid without financial compensation, except for circumstances covered under separate reimbursement agreements or provisions. This approach emphasizes the spirit of cooperation and m utual support between San Bernardino County and Colton.
Dispatch and Communication: The Operating Plan o utlines procedures for automatic dispatching through the San Bernardino Communications Center. Both agencies agree to abide by shared dispatch protocols, utilize compatible radio communications, and coordinate resource deployment through Computer-Aided Dispatch (CAD) systems.
Training and Competency: Joint training initiatives are mandated under the agreement, ensuring that personnel maintain a high level of skill and interoperability.
As part of this agreement Colton will continue to provide fire protect ion and emergency paramedic services to the County pockets within Colton and County Fire will provide automatic aid in the form of Firefighter Hand crews and a Bulldozer to provide assistance in the La Loma Hills, Santa Ana River bottom, and the Delhi Sand s Flower Loving Fly habitat immediately west of the former Colton Portland Cement Plant.
It is recommended that City Council approve the Automatic Aid Agreement dated December 17, 2024, between the City of Colton Fire Depar tment and the San Bernardino Cou nty Fire Department, along with the accompanying Operating Plan for 2025.
FISCAL IMPACTS
The implementation of this Automatic Aid Agreement does not require additional appropriations.
Each party will continue to cover costs related to their own personnel , equipment maintenance, and insurance. The agreement enhances resource efficiency without imposing financial burdens on either jurisdiction.
ALTERNATIVES
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Staff Report to the Mayor and City Council
Agreement - San Bernardino County Fire
December 17, 2024
1. Provide alternative direction to staff.
ATTACHMENT
1. Mutual Aid Contract County Fire
7 Packet Pg. 134
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
San Bernardino County Fire
Protection District
Department Contract Representative Dan Munsey
Telephone Number 387-5779
Contractor City of Colton
Contractor Representative
Telephone Number
Contract Term Effective Date through June 30,
2029
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID
BETWEEN
THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND
CITY OF COLTON
This Agreement is made and entered into by and between the SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT (herein referred to as " the Agency") and the CITY OF COLTON (herein referred to as "the City").
WITNESSETH:
WHEREAS, each of the parties to this Agreement maintains equipment and personnel for the suppression of fires and the management of other emergency incidents occurring within areas under their respective jurisdictions, and are legally empowered to provide fire protection and rescue services within their respective jurisdictions; and, WHEREAS, it is in the best interest of the citizens served by the Agency and the City for each party to provide the most expeditious response to suppress fires and render other emergency services; and
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Attachment: Mutual Aid Contract County Fire (4762 : Agreement - San Bernardino County Fire)
WHEREAS, each party is desirous of providing to the other a reasonable and reciprocal exchange of fire, rescue, and emergency medical services on a day-to-day basis; and WHEREAS, each party agrees that this Agreement is not intended to supplement, release, or replace each party's obligation to provide fire protection and rescue services with in their respective jurisdiction; and
WHEREAS, each of the parties to this Agreement participate in the California Disaster and Civil Defense Master Mutual Aid Agreement with the State of California pursuant to the California Emergency Services Act for purposes of requesting mutual aid in connection w ith any incident which cannot be handled adequately by the party’s respective fire department; and
WHEREAS, the parties to this Agreement are authorized to render aid to each other pursuant to Government Code sections 55632 and 6500-6522 and Health and Safety Code sections 13050, 13863 and 13877.
NOW, THEREFORE, in consideration of these mutual covenants, the parties agree to undertake aid under the terms, provisions, and conditions hereinafter provided.
A. MUTUAL AID:
1. “Mutual Aid” is defined as the request of resources based on the needs determined by the persons or entities managing the incident, and subject to authorization by the responding party for each request.
2. “Requesting Party” shall mean any party to this Agreement that requests fire protection or emergency services within its jurisdiction from the other party to this Agreement.
3. “Responding Party” shall mean any party to this agreement that receives a request for fire protection or emergency services within its jurisdiction from the other party to this Agreement.
4. The City and Agency agree to provide Mutual Aid for emergency incidents that do, or may, exceed the Requesting Party’s capabilities.
5. Mutual Aid responses from either party shall include personnel, equipment, material , and supplies such as are usually and customarily used within the Responding Party’s jurisdiction. Mutual Aid, for purposes of this Agreement, shall include requests for station coverage when one of the parties to this Agreement is experiencing a reduction in station personnel as a result of an incident occurring in the Requesting Party’s jurisdiction.
6. Agency will, upon notification from its primary dispatch facility, and with approval of its Duty Officer, respond with the requested type of emergency equipment to an incident within the City’s jurisdictional boundaries. The City will, upon notification from its primary dispatch facility, and with approval of its Duty Officer, respond with the requested type of emergency equipment to an incident within Agency's jurisdictional boundaries.
Resources requested by either Agency or the City will be sent as expeditiously as possible to the Requesting Party, and will be released by the Requesting Party as soon as possible.
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Attachment: Mutual Aid Contract County Fire (4762 : Agreement - San Bernardino County Fire)
7. The terms of providing Mutual Aid , as listed in Section A.6., are conditional upon the availability of resources from the Responding Party. Neither Agency nor the City, in rendering aid to the other, shall be obligated to reduce its own resources to the extent that a situation is created that is detrimental to its citizens. The Duty Officer in charge of the assisting agency shall make such determination.
8. It is mutually understood and agreed that this Agreement does not relieve either party hereto from the necessity and obligation of using its own resources for furnishing fire and/or rescue response services within any part of its own jurisdiction, and that the Responding Party’s response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources at the time of the request. If the Responding Party cannot respond under this Agreeme nt, it must immediately notify the Requesting Party.
9. Details as to amounts and types of assistance to be dispatched, area to be assisted, methods of dispatching and communications, methods of requesting aid, and positions authorized to send and receive such requests shall be recorded in an Operating Plan which will be signed by the Fire Chiefs of Agency and the City. The Operating Plan is attached to this Agreement as Attachment "A".
10. In those instances where the Responding Party arrives before the Requesting Party, the Responding Party will take the necessary action dictated by the situation. However, it is assumed that the Requesting Party will arrive shortly after the arrival of the Responding Party . Thereafter, the responsibility for managing the situation will be immediately assumed by the Requesting Party upon its arrival at the scene, subject to a brief period of time built in for the sharing of information between the two departments and the transition of responsibility for the incident . The Responding Party’s personnel will then be under the direction of the officer -in-charge of the Requesting Party. It is further agreed that the Responding Party will be a priority release from the scene as soon as is practical by the Requesting Party.
11. Except as provided in Section D., n either Agency nor the City shall be obligated to reimburse the other for any action taken or aid rendered hereunder, or for any use of materials, damage to equipment, or liability, or claims incurred which may occur in the course of rendering assistance herein provided. It shall be the responsibility of the Requesting Party to utilize the personnel, resources, and equipment of the Responding Party only to the extent that use of such resources is required to bring the emerg ency under control.
12. Nothing herein shall preclude either party from making claims to signatories of the State of California Cooperative Agreement for Local Government Fire Suppression (Five-Party Agreement), nor any other reimbursement or claim instrument which may arise during the life of this Agreement, if all other criteria for such a claim have been met.
13. City may pursue their own cost recovery for City’s costs. Agency may pursue their own cost recovery for Agency’s costs. Agency shall not complete any cost recovery for City’s costs. City shall not complete any cost recovery for Agency’s costs.
14. Except as provided in Section D., e ach party shall be fully responsible for all repairs, maintenance, and upkeep, including gas, oil, lubrication, parts replacement, and repair of casualty damage of its own equipment which is used, pursuant to this Agreement,
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Attachment: Mutual Aid Contract County Fire (4762 : Agreement - San Bernardino County Fire)
outside of its normal jurisdiction or municipal boundaries. However, during prolonged (eight hours or more) suppression activities, the Requesting Party shall replenish fuel as needed and provide necessary minor maintenance , as that term is defined by th is section, on responding equipment to keep it operational during the event. “Minor maintenance” shall generally mean repairs that are less than $100 of value in time and materials, including (but not necessarily limited to) repairs to flat tires, belts, and other small malfunctions that can be handled quickly and inexpensively b y the Requesting Party. “Minor maintenance” shall not include major repairs, such as replacement of the transmission or major engine parts, which repairs shall be the responsibility of the party who is providing the equipment to the Requesting Party.
15. Any chemical agents or expandable supplies us ed during the incident by the Responding Party shall be replenished by the Requesting Party.
B. AUTOMATIC AID:
1. “Automatic Aid” is defined for purposes of this Agreement as the immediate dispatch of a fire or emergency unit within the jurisdiction of the Requesting Party under predetermined terms and conditions agreed upon by the parties to this Agreement and will be included in the Operati ng Plan. Automatic Aid, for purposes of this Agreement, shall not include requests for station coverage as a result of an incident occurring within the Requesting Party’s jurisdiction.
2. Agency will, upon notification from its primary dispatch facility that services are sought by the Requesting Party, respond with the pre -identified type of emergency equipment to an emergency incident within the City's jurisdictional boundaries . This is to be an immediate response, not requiring individual authorization of the Duty Officer, and is to be considered an initial attack resource. Should the City request additional units, the Agency Duty Officer shall be notified and that request shall be classified and handled as a "mutual aid" request, subject to discretionary approval by the Duty Officer.
3. The City will, upon notification from its primary dispatch facility that services are sought by the Requesting Party, respond with the pre -identified type of emergency equipment to an emergency incident within Agency's jurisdictional boundaries . This is to be an immediate response, not requiring individual authorization of the Duty Officer, and is to be considered an initial attack resource. Should Agency request additional units, the City's Duty Officer shall be notified, and that request shall be classified and handled as "mutual aid" request, subject to discretionary approval by the Duty Officer.
4. Details as to amounts and types of assistance to be automatically dispatched, methods of dispatching and communications, shall be recorded in an Operating Plan which is signed by the Fire Chiefs of Agency and the City.
5. The terms listed in Sections B.2 through B.5 above are conditional upon the availability of resources from the Responding Party. Neither party, in rendering aid to the other, shall be obligated to send resources that are previously committed to incidents in progress or to the extent that a situation is created that is detrimental to its citizens. The Duty Officer in charge of the Responding Party shall make such determination , based upon current circumstances in the Responding Party’s jurisdiction, available equipment and personnel, and the Duty Officer’s own best judgment. If the Duty Officer determines
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Attachment: Mutual Aid Contract County Fire (4762 : Agreement - San Bernardino County Fire)
a response is not possible under the circumstances, the Duty Officer shall inform the Requesting Party of that fact as expeditiously as possible .
6. In those instances where a Responding Party arrives before the Requesting Party, the Responding Party will take the necessary action dictated by the situation. However, it is assumed that the Requesting Party will arrive shortly after the arrival of the Responding Party. Thereafter, the responsibility for managing the situation will be immediately assumed by the Requesting Party upon its arrival at the scene. The Responding Party’s personnel will be under the direction of the officer -in-charge of the Requesting Party. It is further agreed that the Responding Party will be released from the scene as soon as is practical by the Requesting Party.
7. It is mutually understood and agreed that this Agreement does not relieve either party hereto from the necessity and obligation of using its own resources for furnishing fire response services within any part of its own jurisdiction, and that the Responding Party’s response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources. If the Responding Party cannot respond under this Agreement, it must immediately notify the Requesting Party.
8. Except as provided in Section D., n either Agency nor the City shall be obligated to reimburse the other for any action taken or aid rendered hereunder, or for any use of materials, damage to equipment, or liability, or claims incurred which may occur in the course of rendering assistance herein provided. It shall be the responsibility of the Requesting Party to utilize the personnel, resources, and equipment of the Responding Party only to the extent that use of such resources is required to bring the emerg ency under control.
9. City may pursue their own cost recovery for City’s costs. Agency may pursue their own cost recovery for Agency’s costs. Agency shall not complete any cost recovery for City’s costs. City shall not complete any cost recovery for Agency’s costs.
10. Except as provided in Section D., e ach party shall be fully responsible for all repairs, maintenance, and upkeep, including gas, oil, lubrication, parts replacement, and repair of casualty damage of its own equipment which is used, pursuant to this Agreement, outside of its normal jurisdict ion or municipal boundaries. However, during prolonged (eight hours or more) suppression activities, the Requesting Party shall replenish fuel as needed and provide necessary minor maintenance, as that term is defined in Section A.14, on responding equipment to keep it operational during the event.
11. Any chemical agents or expandable
supplies used during the incident by the Responding P arty shall be replenished by the Requesting Party.
C. BOUNDARY DROP:
1. For purposes of this Agreement, "Boundary Drop" shall mean the use of the closest fire unit regardless of jurisdiction.
2. Agency and the City agree to participate in Boundary Drop, to adhere as closely as practical to the "closest resource concept" for the agreed upon call types identified in this Agreement.
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Attachment: Mutual Aid Contract County Fire (4762 : Agreement - San Bernardino County Fire)
3. Details as to amounts and types of assistance to be automatically dispatched under Boundary Drop, and preferred methods of dispatching and communications, shall be recorded in the Operating Plan.
D. INDEMNIFICATION:
1. City agrees to indemnify, defend (with counsel reasonably approved by Agency) and hold harmless Agency and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by the City, and/or its officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of the City and for any costs or expenses incurred by Agency on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The City’s indemnification obligation applies to Agency’s “active” as well as “passive” negligence but does not apply to Agency’s “sole negligence” or “willful” misconduct within the meaning of Civil Code Section 2782.
2. Agency agrees to indemnify, defend (with counsel reasonably approved by the City) and hold harmless the City and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by Agency, and/or its officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of Agency and for any costs or expenses incurred by the City on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. Agency’s indemnification obligation applies to the City’s “active” as well as “passive” negligence but does not apply to the City’s “sole negligence” or “willful” misconduct within the meaning of Civil Code Section 2782 E. COMPARATIVE FAULT:
In the event that Agency and the City are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, Agency and/or the City shall indemnify the other to the extent of its comparative fault.
F. INSURANCE:
Agency and the City are authorized self-insurance public entities and warrant that through their respective programs of self -insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the term s, conditions, or obligations of this Agreement. Either party may request that the other party furnish satisfactory evidence of the required insurance coverage upon request. Each party agrees to provide the other thirty (30) days’ advance written notice of any c ancellation, termination, or lapse of any of the insurance or self -insurance coverage. Failure to maintain insurance as required in this Agreement is a material breach of contract and may be grounds for termination of the Agreement.
G. STANDARD OF CARE:
Nothing in the provisions of this Agreement is intended to affect the legal liability of either party to the Agreement by imposing a standard of care that is different from the standard of care otherwise required under the law applicable to each party.
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H. RELATIONSHIP OF THE PARTIES:
None of the provisions of this Agreement are intended to create, nor shall be deemed or construed to create, any relationship between the parties other than that of independent parties contracting with each other for the purpose of effecting the prov isions of this Agreement. The parties are not, and will not be construed to be, in a relationship of joint venture, partnership, or employer-employee. Neither party has the authority to make any statements, representations, or commitments of any kind on behalf of the other party, or to use the name of the other p arty in any publication or advertisements, except with th e written consent of the other party or as explicitly provided herein. Each party will be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any.
I. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES:
This Agreement shall not be construed as, or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever.
J. NONDISCRIMINATION:
Each party shall comply with all applicable federal, state, and local laws and regulations.
Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code Sections 12900 et seq.); California Code of Regulations, Title II, Division 4, Chapter 5; and California Labor Code Sections 1101 and 1102. Neither Party shall discriminate against any subcontractor, employee, applicant or any person for employment or in the provision of services because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.
K. WAIVER OF BREACH:
A waiver of breach of any provision of this Agreement by either party shall not operate as a waiver of any subsequent breach of the same or any other provisions of this Agreement.
L. APPLICABLE LAWS:
At all times during the term of this Agreement, Agency and the City shall comply with all applicable laws, ordinances, rules and regulations of the United States of America and the State of California, including all agencies and subdivisions thereof.
M. GENERAL PROVISIONS:
Unless otherwise specifically prescribed in this Agreement, the following provisions shall govern its interpretation and construction.
1. When consistent with the context of the Agreement, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
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2. Time is of the essence of this Agreement. Neither Agency nor the City shall be relieved of its obligation to comply promptly with any provisions of this Agreement by any failure of the other party to enforce prompt compliance with any of its provisions.
3. Every duty and every act to be performed by either party imposes an obligation of good faith on the party to perform such duty or act.
4. This Agreement must be authorized by the legislative body for each contracting party before it can take effect , and sets forth the entire agreement and understanding between the Agency and the City with respect to the subject matter of this Agreement.
5. This Agreement may not be amended or altered without the written consent of each party.
6. If any term, covenant, condition, or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, covenants, conditions, and provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
7. In the event of a dispute, the parties shall use their best efforts to settle the dispute through negotiation with each other in good faith.
8. Pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, regulations have been promulgated governing the privacy of individually identifiable he alth information. Agency and City acknowledge that Agency is a covered entity and subject to the requirements of HIPAA and HITECH, and their implementing regulations. As a covered entity and subject to the requirements of HIPAA and HITECH, and their implem enting regulations, Agency shall not share any protected health information with City unless authorized by HIPAA/HITECH and state privacy laws, rules, and regulations. To the extent City receives any protected health information from Agency, City shall ensure it compl ies with all applicable privacy laws, rules, and regulations related to such protected health information, including but not limited to HIPAA and HITECH. This provision shall remain in force even after the termination of this Agreement.
9. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party.
This paragraph shall not apply to those costs and attorney’s fees directly arisin g from a third -party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
10. In the event of a dispute, the parties shall use their best efforts to settle the dispute through negotiation with each other in good faith.
N. TERM AND TERMINATION; MODIFICATION:
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1. The term of this Agreement shall be from the date on which it is approved by the legislative bodies of both Agency and the City (“Effective Date”). Following the Effective Date, the term will be through June 30, 2029, unless earlier terminated by either party in accordance with section N.2., below.
2. Either party may, by written notice to the other party, terminate this Agreement at any time and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, which date is at least ninety (90) days after the date of such notice. The Agreement may be modified only upon mutual written assent of both parties, in accordance with section M.5., above.
O. NOTICE; MISCELLANEOUS:
1. All notices, reports, or demands required to be given in writing under this Agreement shall be deemed to be given when delivered personally to the person designated below, or his successor, or when five (5) days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid, or on the next addressed business day if sent by express mail or overnight air courier to the party to which the notice is being given, as follows:
AGENCY:
San Bernardino County Fire Protection District
Attn: Fire Chief/Fire Warden
598 S. Tippecanoe Ave., 2nd Floor
San Bernardino, CA 92408
THE CITY:
City of Colton
Attn: Fire Chief
303 East E Street
Colton, CA 92324
Either party upon written notice may change such addresses to the other party given as provided in this section.
2. It is understood that this Agreement will in no way affect or have any bearing on the existing California Master Mutual Aid Agreement.
P. CAPTIONS:
The paragraph captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Q. DISTRICT REPRESENTATIVES:
1. The City's Representative — The City hereby designates the City Fire Chief, or his or her designee, to act as its representative for the performance of this Agreement. T he City's Representative shall have the full authority to represent and act on behalf of the City for all purposes under this Agreement. T he City's Representative shall supervise and direct the services, using their best skill and attention, and shall be responsible for
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all means, methods, techniques, sequences , and procedures and for the satisfactory coordination of all portions of the services under this Agreement.
2. Agency's Representative — Agency hereby designates the Agency’s Fire Chief, or his or her designee, to act as its representative for the performance of this Agreement.
Agency's Representative shall have the full authority to represent and act on behalf of Agency for all purposes under this Agreement. Agency's Representative shall supervise and direct the services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences , and procedures and for the satisfac tory coordination of all portions of the services under this Agreement.
R. VENUE:
This Contract shall be governed by and construed according to the laws of the State of California. The venue of any action or claim brought by any party to the Agreement will be the Superior Court of San Bernardino County. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning the Agreement is brought by any third-party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to San Bernardino County.
S. NO ASSIGNMENT:
This Agreement shall be binding on the successors and assignees of the parties hereto, except that no party shall assign this Agreement without the prior written consent of the other party.
T. SIGNATURE:
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
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IN WITNESS WHEREOF, this Agreement has been executed and approved and is effective and operative as to each of the parties herein provided.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Rick Luczak, Deputy County Counsel
Date Date Date
SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT
CITY OF COLTON
(Print or type name of corporation, company, contractor, etc.)
By
Dawn Rowe, Chair, Board of Directors (Authorized signature – sign in blue ink) Dated:
Name
SIGNED AND CERTIFIED THAT A COPY OF
THIS
(Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD Title
Lynna Monell, Secretary
(Print or Type)
By Dated:
Deputy
Address
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Attachment "A"
OPERATING PLAN
BETWEEN
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND
CITY OF COLTON
INTRODUCTION
The purpose of this Operating Plan is to define the process for implementing the Automatic and Mutual Aid Agreement (collectively referred to as the “Agreement” or “Plan”) . This Plan consists of:
I. Automatic Aid
The City shall provide Automatic Aid to SBCFPD areas identified on Attachment “B” and/or defined as VLY02, VLY15, and VLY16. The City shall provide the same type and level of service provided to its area on initial alarm. Resource needs beyond the initial alarm shall be the responsibility of SBCFPD.
SBCFPD shall provide Hand Crew and Dozer response for wildland fires within the area identified in Attachment “C” and/or defined as La Loma Hills. Automatic Aid shall consist of one (1) module of SBCFPD’s hand crew and one (1) Dozer with Swamper when staffed and available to confirmed wildland fires. Resource needs beyond this initial response shall be the responsibility of the City.
II. Boundary Drop
SBCFPD and the City agree to participate in Boundary Drop to the extent identified in this Agreement. The resources dispatched to an incident type under Boundary Drop will be dispatched according to the requesting agencies ’ response plan built in the Computer Aided Dispatch and approved by the sending agency’s Fire Chief.
Response plan updates that may affect the other Party shall not be made without review and approval of the affected Party’s Fire Chief. Without specific approval from the sending agency, response plans shall not be built to request more than two (2) Boundary Drop units to any single incident. Boundary Drop units may include Type I and III Engines but not more than one (1) Truck or Water Tender. Resource needs beyond the Boundary Drop agreement shall be handled under Mutual Aid. It is agreed that SBCFPD or the City by the Fire Chiefs or their designee shall have the authority to jointly make day -to-day operational updates to the response plans of the agreed upon call types and are conditional upon the availability of resources from the assisting Party. Notifications of any operational updates will be sent to both agencies and any effected dispatch center.
III. Mutual Aid
Any request beyond Automatic Aid or Boundary Drop shall be Mutual Aid. Immediately upon receiving a Mutual Aid request, the sending agency’s dispatch center shall contact the sending agency’s Duty Officer to approve or deny the request. Mutual Aid boundaries are at the discretion of the sending agency’s Duty Officer.
IV. Types of Mutual Aid Equipment
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May include Type 1 and Type 3 Engines or Trucks.
V. Addition Equipment
This Agreement excludes Aircraft, Technical Rescue Units, Hazardous Materials Units, Water Tenders or Overhead Personnel which may be requested under California Master Mutual Aid or Assistance by Hire and subject to approval by sending agency. The City may request Hand Crews or Dozers from SBCFPD beyond the Automatic Aid section of this Agreement.
VI. Incident Response
Automatic and Boundary Drop resources will be the closest available as determined by the sending agency’s dispatch center. Mutual Aid resources will be the closest, most appropriate as determined by the providing agency’s Duty Officer.
VII. Incident Communications
Units shall be dispatched on their agency standard frequency. While enroute, the jurisdictional dispatch center will establish the appropriate command and tactical frequencies.
VIII. Incident Management
As resources arrive command responsibility is transferred through the following succession, first arriving Company Officer, who may pass command to second arriving Company Officer, then responsibility for managing the incident shall be immediately assumed by the jurisdictional department upon its arrival. The assisting fire department personnel will be under the direction of the officer -in-charge of the jurisdictional department. All incidents will be managed under the Incident Command System.
FIRE DEPARTMENT SAN BERNARDINO COUNTY FIRE
For City of Colton PROTECTION DISTRICT
By: ______________________________ By: ___________________________________
Name: ____________________________ Name: _________________________________
, Fire Chief , Fire Chief City of Colton Fire Department San Bernardino County Fire Protection District
Date: ________________________ Date: ____________________________
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ITEM NO. 8
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, CHIEF DEPUTY CITY CLERK
SUBJECT: APPROVE AND ADOPT A RESOLUTION AMENDING THE CITY OF COLTON’S CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974, RESOLUTION NO. R-123-
24. RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and Adopt Resolution No. R -123-24, adopting and approving the amended Conflict of Interest Code of the City of Colton pursuant to the Political Reform Act, section 87303.
BACKGROUND
The Political Reform Act of 1974, Government Code section 81000, et seq. (the “Act”), requires all public agencies to adopt and maintain a conflict of interest code. The Act further requires that agencies regularly review and update their codes as directed by the code-reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). The City Council is the City’s code -reviewing body. As the code -reviewing body, the City Council directed that the Code be reviewed and, if a change in the Code was necessary, that a revised Code be prepared and submitted to the City Council for approval. During this review , staff found that certain amendments to the Code are necessary.
Attached is a legislative (redlined) version of the proposed amended Code. The proposed revisions are based on the need to include new positions that must be designated, revises titles of existing positons and deletes titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.
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Staff Report to the Mayor and City Council
Biennial Conflict of Interest Code
December 17, 2024
Government Code section 87303 provides that no code or amendment to a code shall be effective until it has been approved by the code-reviewing body.
FISCAL IMPACT
There is no fiscal impact for the proposed action.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. RESOLUTION NO. R-123-24
2. CIC Amendment 2024 (Biennial Review) - FINAL
3. CIC Amendment 2024 (Biennial Review) - Legislative
4. NOTICE OF INTENTION
5. Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 8 Packet Pg. 151
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RESOLUTION NO. R-123-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Colton (the “City”), and which requires all public agencies to adopt and promulgate a conflict of interest code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code"), which was amended on February 6, 2024, in compliance with the Act; and
WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided to each affected designated employee and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on December 17, 2024, at which all present were given an opportunity to be heard on the proposed amended Code.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Colton that:
1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours;
2. The said amended Conflict of Interest Code shall become effective immediately upon its adoption and approval.
PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Colton on this 17th day of December, 2024.
APPROVED:
______________________________
FRANK J. NAVARRO
Mayor
ATTEST:
______________________________
ISAAC T. SUCHIL
City Clerk
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Attachment: RESOLUTION NO. R-123-24 (4630 : Biennial Conflict of Interest Code) 23152.06010\42935152.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended December 17, 2024)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 California Code of Regulations section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in th e Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Colton (the "City").
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public insp ection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended December 17, 2024)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments, as defined by 2 California Code of Regulations section 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200, et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments.1 These positions are listed here for informational purposes only.
Finance Director
Financial Consultant
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The F air Political Practices Commission makes the final determination whether a position is covered by § 87200.
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Administrative Analyst I/II 5
Assistant Director of Public Works & Engineering 2, 3, 5 Assistant Director of Utility Operations 2, 3, 5
Assistant to the City Manager 5
Associate Engineer 2, 3, 5
Associate Planner 2, 3, 5
Battalion Chief Fire Marshall 5, 6
Building Inspector (ALL) 6
Building Maintenance Supervisor 5
Building Official 5, 6
Business License/Collections Officer 5, 6
Capital Project Manager 2, 3, 5
Chief Deputy City Clerk 5
City Attorney (not filing under Gov. Code 87200) 1, 2
Code Compliance Officer 6
Community Services Director 2, 3, 5
Crime Analyst 5
Deputy Fire Chief 5
Development Services Director 1, 2
Early Care & Education Program Director 5
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
Economic Development Manager 1, 2
Economic Development Project Manager I/II 2, 3, 5
Electric Field Operations Foreman 5
Electric Utility Director 1, 2
Electric Utilities Inspector (ALL) 6
Electric Utility Systems Designer 2, 3, 5
Electrical System Planning Engineer 2, 3, 5
Engineering Assistant 2, 3, 5, 6
Environment & Conservation Supervisor 2, 5, 7
Finance Manager 4
Fire Battalion Chief 5
Fire Captain 5
Fire Chief 5
Human Resources Analyst 5
Human Resources & Risk Management Director 4
Information Services Manager 5
Lead Code Compliance Officer 5
Library Manager 5
Planning Manager 2, 3, 5
Plans Examiner I/II 2, 3, 5, 6
Police Captain 2, 3, 5
Police Chief 5
Police Lieutenant 5
Police Support Services Manager 5
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
Police Records Supervisor 5
Public Works & Utility Services Director 2, 3, 5
Public Works Supervisor 5
Public Works & Utilities Inspector 6
Public Works Water/Wastewater Administrative Manager 2, 3, 5 Purchasing & Customer Service Manager 4
Recreation Services Coordinator 5, 7
Recreation Services Manager 5
Recreation Services Supervisor 5
Senior Accountant 5, 7
Senior Energy Services Specialist 2, 5
Senior Finance Analyst 4
Senior Human Resource Analyst 5
Senior Info Systems Coordinator 5
Senior Planner 2, 3, 5, 6
Senior Risk Management Analyst 4
Senior Water Production Operator 5
Substation Superintendent 5
Utilities Planning Manager 5
Utility Resources Analyst 2, 3, 5
Water & Waste Water Operations Manager 2, 3 ,5
Water Distribution Supervisor 5
Water Production Supervisor 5
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Code Enforcement & Housing Advisory Appeals Board 2, 3, 5 General Fund Transfer Committee 1, 2
Library Board 2, 3, 5
Oversight Board to Successor Agency 1, 2
Parks & Recreation Foundation & Designee 1, 2
Recreation & Parks Commission 1, 2
Successor Agency 1, 2
Consultants and New Positions 2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the d uties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.)
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
PART “B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which the designated is assigned. 3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
Category 1: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that do business or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or not more than two 2) miles outside, the boundaries of the City , including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by th e designated position’s department, unit or division.
Category 6: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
Category 7 : All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
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Attachment: CIC Amendment 2024 (Biennial Review) - FINAL (4630 : Biennial Conflict of Interest Code) 23152.06010\42935152.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
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Attachment: CIC Amendment 2024 (Biennial Review) - Legislative (4630 : Biennial Conflict of Interest Code) 23152.06010\42935152.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended February 6, 2024 December 17, 2024)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 California Code of Regulations section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in th e Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Colton (the "City").
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public insp ection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
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Attachment: CIC Amendment 2024 (Biennial Review) - Legislative (4630 : Biennial Conflict of Interest Code) 23152.06010\42935152.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended February 6, 2024 December 17, 2024)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments, as defined by 2 California Code of Regulations section 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200, et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments.1 These positions are listed here for informational purposes only.
Finance Director
Financial Consultant
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The F air Political Practices Commission makes the final determination whether a position is covered by § 87200.
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Attachment: CIC Amendment 2024 (Biennial Review) - Legislative (4630 : Biennial Conflict of Interest Code) 23152.06010\42935152.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Administrative Analyst I/II 5
Assistant Director of Public Works & Engineering 2, 3, 5 Assistant Director of Utility Operations 2, 3, 5
Assistant Electric Utilities Director [Duties absorbed by the Assistant Director of Utility Operations] 5 Assistant to the City Manager 5
Associate Engineer 2, 3, 5
Associate Planner 2, 3, 5
Battalion Chief/Fire Marshall 5, 6
Building Inspector (ALL) 6
Building Maintenance Supervisor 5
Building Official 5, 6
Business License/Collections Officer 5, 6
Capital Project Manager 2, 3, 5
City Attorney (not filing under Gov. Code 87200) 1, 2
Code Enforcement Officer Code Compliance Officer 6
Community Services Director 2, 3, 5
Crime Analyst 5
Customer Service Supervisor 4
Customer Service Representative III 4
Chief Deputy City Clerk 5
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Attachment: CIC Amendment 2024 (Biennial Review) - Legislative (4630 : Biennial Conflict of Interest Code) 23152.06010\42935152.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
Deputy Fire Chief 5
Development Services Director 1, 2
Early Care & Education Program Director 5
Economic Development Manager 1, 2
Economic Development Project Manager I/II 2, 3, 5
Electric Field Operations Foreman 5
Electric Utility Director 1, 2
Electric Utilities Inspector (ALL) 6
Electric Utility Systems Designer 2, 3, 5
Electrical System Planning Engineer 2, 3, 5
Engineering Assistant 2, 3, 5, 6
Environment & Conservation Supervisor 2, 5, 7
Finance Manager 4
Fire Battalion Chief 5
Fire Captain 5
Fire Chief 5
Homeless Solutions Coordinator 5, 7
Human Resources Analyst 5
Human Resources & Risk Management Director 4
Information Services Manager 5
Lead Code Compliance Officer 5
Library Manager 5
Planning Manager 2, 3, 5
Plans Examiner I/II 2, 3, 5, 6
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Attachment: CIC Amendment 2024 (Biennial Review) - Legislative (4630 : Biennial Conflict of Interest Code) 23152.06010\42935152.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
Police Captain 2, 3, 5
Police Chief 5
Police Lieutenant 5
Police Support Services Manager 5
Police Records Supervisor 5
Project Manager (ALL) [Positions split into two positions Capital Project Manager and Economic Development Project Manager I/II] 2, 3, 5 Public Works & Utility Services Director 2, 3, 5
Public Works Superintendent 2, 3, 5
Public Works Supervisor 5
Public Works & Utilities Inspector 6
Public Works Water/Wastewater Administrative Manager 2, 3, 5 Purchasing & Customer Service Manager 4
Purchasing Technician 4
Recreation Services Coordinator 5, 7
Recreation Services Manager 5
Recreation Services Supervisor 5
Senior Accountant 5, 7
Senior Energy Services Specialist 2, 5
Senior Finance Analyst 4
Senior Human Resource Analyst 5
Senior Info Systems Coordinator 5
Senior Planner 2, 3, 5, 6
Senior Risk Management Analyst 4
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Attachment: CIC Amendment 2024 (Biennial Review) - Legislative (4630 : Biennial Conflict of Interest Code) 23152.06010\42935152.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
Senior Water Production Operator 5
Substation Superintendent 5
Utilities Financial Analyst (ALL) 5
Utilities Planning Manager 5
Utility Resources Analyst 2, 3, 5
Utilities Superintendent Water & Wastewater Utilities
Superintendent [Duties absorbed by Water & Wastewater Operations Manager] 2, 3, 5
Water & Waste Water Operations Manager 2, 3 ,5
Water Distribution Supervisor 5
Water Production Supervisor 5
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Code Enforcement & Housing Advisory Appeals Board 2, 3, 5 General Fund Transfer Committee 1, 2
Library Board 2, 3, 5
Oversight Board to Successor Agency 1, 2
Parks & Recreation Foundation & Designee 1, 2
Recreation & Parks Commission 1, 2
Successor Agency 1, 2
Consultants and New Positions 2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties a nd a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.)
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Attachment: CIC Amendment 2024 (Biennial Review) - Legislative (4630 : Biennial Conflict of Interest Code) 23152.06010\42935152.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
PART “B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
Category 1: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that do business or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or not more than two 2) miles outside, the boundaries of the City , including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
Category 7 : All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
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Attachment: CIC Amendment 2024 (Biennial Review) - Legislative (4630 : Biennial Conflict of Interest Code) 23152.06010\42974254.1
NOTICE OF INTENTION TO AMEND THE
CONFLICT OF INTEREST CODE OF THE
CITY OF COLTON
NOTICE IS HEREBY GIVEN that the City of Colton intends to amend the its Conflict of Interest Code (the “Code”) pursuant to Government Code Section 87306.
The Appendix of the Code designates those employees, members, officers, and consultants who make or participate in the making of decisions and are subject to the disclosure requirements of the City’s Code. The City’s proposed amendment includes new positions that must be desi gnated, revises titles of existing positons and deletes titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.
The proposed amended Code will be considered by the City Council on December 17, 2024, at 5:00 p.m. at the City of Colton, 650 N. La Cadena Drive, Colton, California. Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amendment.
Any comments or inq uiries should be directed to the attention of Stephanie Vargas , Chief Deputy City Clerk, City of Colton, 650 N. La Cadena Drive, Colton, CA 92324; (909) 370-5001. Written comments must be submitted no later than December 17, 2024, at 5:00 p.m.
Copies of t he proposed amended Code may be obtained from, the Chief Deputy City Clerk.
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Attachment: NOTICE OF INTENTION (4630 : Biennial Conflict of Interest Code) 1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:
1. A statement of the nature of the investment or interest;
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 12 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision,
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code) 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
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Attachment: Regulation 18730 Provisions-of-Conflict-of-Interest-Codes-c1-c1-c1 (4630 : Biennial Conflict of Interest Code)
ITEM NO. 9
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE CONTRACT AWARD TO IE GENERAL ENGINEERING INC. FOR TARGET AREA ALLEY RECONSTRUCTION PROJECT,
RESOLUTION NO. R-43-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Authorize the award of contract for the CDBG-COLT-22-1-03K/0263 Target Area Alley Reconstruction Project to IE General Engineering, Inc. as the lowest responsive and responsible bidder in the amount of $495,607.50 and authorize the City Manager to execute the contract agreement.
2. Approve Resolution R-43-24 (Exhibit C) to amend Fiscal Year 2024/2025 Capital Improvement Budget.
BACKGROUND
On February 15, 2022, the City Council adopted Resolution No. R -13-22, approving the final prioritized list of CDBG projects, including the CDBG-COLT-22-1-03K/0263 Target Area Alley Reconstruction Project. The project will take place in the following locations:
1. Alley between 9th Street and 10th Street, north of Olive Street.
2. Alley between 9th Street and La Cadena, north of Olive Street.
3. Alley between Palm Drive and Olive Street, from Larch Avenue to Fairview Avenue.
4. Alley between N Street and O Street, 9th Street to 10th Street.
5. Alley west of 7th Street, north of E Street to west end.
6. Alley between 6th Street and 7th Street, north of F Street.
7. Chavez Park Parking.
9 Packet Pg. 192
Staff Report to the Mayor and City Council
Contract Award - IE General Engineering
December 17, 2024
Attached as Exhibit A is the project plan that shows the improvement and location for each alley and street. As part of the City’s streets maintenance efforts, the list of alleys under this project were determined to be higher priority for repair and replacement. Paving these alleys will provide better accessibi lity for services the city provides to its residents including trash pick -up and emergency services when needed.
ISSUES/ANALYSIS
In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on March 8, 2024, and March 15, 2024. On April 4, 2024, Staff received one bid and the amount is listed below:
Contractor Total Bid
IE General Engineering, Inc $495,607.50
Staff reviewed and eva luated the one submitted bid and recommends awarding the contract (Exhibit B) for the CDBG -COLT-22-1-03K/0263 Target Area Alley Reconstruction Project to the lowest responsive and responsible bidder IE General Engineering, Inc in the amount of $495,607.50.
FISCAL IMPACTS
Table below is the breakdown of the available funding for the project after the approval of Resolution R-43-24:
Project Description Account No. Funding
Balance
IE General
Contract
Amount
Alley Paving
between 9th &10th 215-2317-6920-3890-0000-000 $94,892.11 $94,892.11 Alley Paving
between 9th &La
Cadena
215-2318-6920-3890-0000-000
$87,642.13 $87,642.13
Alley Paving
between Palm &
Colton
215-2319-6920-3890-0000-000
$38,821.93
$38,821.93
Alley Paving
between N & O st 215-2320-6920-3890-0000-000 $38,821.93 $38,821.93 Alley Paving 7th
and North of E st 215-2321-6920-3890-0000-000 $46,821.93 $46,821.93 Alley Paving 7th
and North of F st 215-2322-6920-3890-0000-000 $32,321.93 $32,321.93 9 Packet Pg. 193
Staff Report to the Mayor and City Council
Contract Award - IE General Engineering
December 17, 2024
Paving Chavez
Park Parking 215-2323-6920-3890-0000-000 $80,039.93 $80,039.93 Host City Fee 240-2512-6150-3890-0000-000 $101,026.00 $76,245.61 Total $520,387.89 $495,607.50
The Host City Fee amount of $101,026.00 includes a 5% contingency. There are sufficient funds in the Host City Fee account to cover the additional funding needed.
ENVIRONMENTAL IMPACTS
Staff recommends that the CDBG -COLT-22-1-03K/0263 Target Area Alley Reconstruction Project be determined categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301(c) - Existing highways and streets.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Project Plans
2. Exhibit B - IE General Engineering Contract
3. Exhibit C - Funding Resolution R-43-24
9 Packet Pg. 194
Notes:
1361
1351
1339
1327
1317
1305
1295
1287
1277
1267
1259
1251
1241
1233
1223
1213
1205
1195
1173
1151
1129
1107
1352
1348
1344
1342
1340
1332
1326
1320
1314
1306
1298
1290
1280
1356
1260
1252
1242
1206
1200
1170
1166
1150
1132
1124
1102
211
215
Alley - 9th Street and 10th Street (North of Olive Street) 15'
1,309'
CONSTRUCTION NOTES:
1 INSTALL 2 1/2 TO 3 INCH ASPHALT PAVEMENT OVER 90% COMPACTED NATIVE (CONTRACTOR TO PROVIDE COMPACTION REPORT).
CLEAR, GRUB, GRIND AND GRADE EXISTING SURFACE.
2 COLT-22-1-03K-0263
ALLEY PAVING PROJECT
Legend:
Asphalt Paving
19,635 SF
Scale: N.T.S
1 2
9.a
Packet Pg. 195
Attachment: Exhibit A - Project Plans (4771 : Contract Award - IE General Engineering) Notes:
Alley - 9th Street and La Cadena (North of Olive Street) 1355
OLIVE
LA CADENA
1351
1347
1345
1341
1337
1325
1321
1317
1309
1301
1295
1249
1245
1213
1200
1198
1178
1158
1156
1154
1150
1148
1146
1138
1128
1211
1191
1167
1155
1118
1110
1145
1131
157
155
20'
925'
CONSTRUCTION NOTES:
1 INSTALL 2 1/2 TO 3 INCH ASPHALT PAVEMENT OVER 90% COMPACTED NATIVE (CONTRACTOR TO PROVIDE COMPACTION REPORT).
CLEAR, GRUB, GRIND AND GRADE EXISTING SURFACE.
2 COLT-22-1-03K-0263
ALLEY PAVING PROJECT
Legend:
Asphalt Paving
18,500 SF
Scale: N.T.S
1 2
9.a
Packet Pg. 196
Attachment: Exhibit A - Project Plans (4771 : Contract Award - IE General Engineering) Notes:
Alley - Palm Drive & Olive Street (From Larch to Fairview)
FAIRVIEW
LARCH
PALM
904
908
912
916
920
924
928
932
936
940
944
948
952
956
903
907
911
915
919
923
927
931
935
939
943
947
951
999
12'
700'
CONSTRUCTION NOTES:
1 INSTALL 2 1/2 TO 3 INCH ASPHALT PAVEMENT OVER 90% COMPACTED NATIVE (CONTRACTOR TO PROVIDE COMPACTION REPORT).
CLEAR, GRUB, GRIND AND GRADE EXISTING SURFACE.
ADJUST WATER METER BOX TO GRADE.
ADJUST MANHOLE TO GRADE.
4 2
3 COLT-22-1-03K-0263
ALLEY PAVING PROJECT
Legend:
Asphalt Paving
8,400 SF
Scale: N.T.S
2 1
3 4
4 REPLACE WATER METER BOX (SUPPLIED BY CITY OF COLTON). 5 3
3 3
3 3
3 3
3 3
3 3
3 3
5 5
3 5
3 3
5 3
5 5
5 3
3 5
5 3
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Attachment: Exhibit A - Project Plans (4771 : Contract Award - IE General Engineering) Notes:
Alley - N Street and O Street (From 9th to 10th)
"N"
"O"
206
214
224
234
248
258
278
290
207
223
215
237
253
265
285
291
20'
400'
CONSTRUCTION NOTES:
1 INSTALL 2 1/2 TO 3 INCH ASPHALT PAVEMENT OVER 90% COMPACTED NATIVE (CONTRACTOR TO PROVIDE COMPACTION REPORT).
CLEAR, GRUB, GRIND AND GRADE EXISTING SURFACE.
ADJUST WATER METER BOX TO GRADE.
ADJUST MANHOLE TO GRADE.
4 2
3 COLT-22-1-03K-0263
ALLEY PAVING PROJECT
Legend:
Asphalt Paving
8,000 SF
Scale: N.T.S
REPLACE WATER METER BOX (SUPPLIED BY CITY OF COLTON).
5 4
1 2
3 3
3 3
3 3
3 5
3 5
3 3
3 3
3 3
9.a
Packet Pg. 198
Attachment: Exhibit A - Project Plans (4771 : Contract Award - IE General Engineering) Notes:
Alley - West of 7th Street, North of E Street (To West End) 7TH
STREET
STREET
RAILROAD
294
288
282
276
256
252
246
291
283
273
263
251
243
625
655
671
691
238
236
285
20'
475'
CONSTRUCTION NOTES:
1 INSTALL 2 1/2 TO 3 INCH ASPHALT PAVEMENT OVER 90% COMPACTED NATIVE (CONTRACTOR TO PROVIDE COMPACTION REPORT).
CLEAR, GRUB, GRIND AND GRADE EXISTING SURFACE.
ADJUST WATER METER BOX TO GRADE.
ADJUST MANHOLE TO GRADE.
4 2
3 COLT-22-1-03K-0263
ALLEY PAVING PROJECT
Legend:
Asphalt Paving
9,500 SF
Scale: N.T.S
REPLACE WATER METER BOX (SUPPLIED BY CITY OF COLTON).
5 4
4 1
2 5
3 3
3 3
3 3
3 3
3 3
3 3
3 5
3 3
9.a
Packet Pg. 199
Attachment: Exhibit A - Project Plans (4771 : Contract Award - IE General Engineering) Notes:
Alley - West of 7th Street, North of F Street
STREET
STREET
RAILROAD
264
262
252
242
591
575
555
263
241
545
543
501
225
"E" STREET
20'
325'
CONSTRUCTION NOTES:
1 INSTALL 2 1/2 TO 3 INCH ASPHALT PAVEMENT OVER 90% COMPACTED NATIVE (CONTRACTOR TO PROVIDE COMPACTION REPORT).
CLEAR, GRUB, GRIND AND GRADE EXISTING SURFACE.
ADJUST WATER METER BOX TO GRADE.
ADJUST MANHOLE TO GRADE.
4 2
3 COLT-22-1-03K-0263
ALLEY PAVING PROJECT
Legend:
Asphalt Paving
6,500 SF
Scale: N.T.S
REPLACE WATER METER BOX (SUPPLIED BY CITY OF COLTON).
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3 1
2 3
3 3
3 3
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Attachment: Exhibit A - Project Plans (4771 : Contract Award - IE General Engineering) Notes:
Chavez Park Parking (West of Baseball Fields)
CONSTRUCTION NOTES:
1 INSTALL 2 1/2 TO 3 INCH ASPHALT PAVEMENT OVER 90% COMPACTED NATIVE (CONTRACTOR TO PROVIDE COMPACTION REPORT).
CLEAR, GRUB, GRIND AND GRADE EXISTING SURFACE.
2 COLT-22-1-03K-0263
ALLEY PAVING PROJECT
Legend:
Asphalt Paving
7,000 SF
Scale: N.T.S
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Attachment: Exhibit A - Project Plans (4771 : Contract Award - IE General Engineering)
CONTRACT
1 CONTRACT
THIS CONTRACT is made t his 17th day of December, 2024, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and IE General Engineering , Inc. , hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict com pliance with the Contract Documents as specified in Article 5 below for the following Project:
CDBG COLT-22-1-03K/0263– Target Area Alley Reconstruction
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within NINETY (90) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Hundred Ninety-Five Thousand Six Hundred Seven Dollars and Fifty Cents ($495,607.50). Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES . I n accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT . The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
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Attachment: Exhibit B - IE General Engineering Contract (4771 : Contract Award - IE General Engineering)
CONTRACT
2 Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Labor compliance contract (attachment D)
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in th ese Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.
IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written.
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CONTRACT
3 CITY OF COLTON
By:
______________________________
Signature
______________________________
Name
______________________________
Title
Attest:
______________________________
City Clerk
Recommended By:
______________________________
Signature
______________________________
Name
______________________________
Title
CONTRACTOR
By:
______________________________
Signature
____ _________
Name
______________________________
Title
__ ______________________
License Number
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Attachment: Exhibit B - IE General Engineering Contract (4771 : Contract Award - IE General Engineering) $495,607.50
Four hundred ninty five thousand
six hundred seven dollars
and fifty cents
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Attachment: Exhibit B - IE General Engineering Contract (4771 : Contract Award - IE General Engineering) 5,000.00
5,000.00
2500.00
2500.00
2000.00
2000.00
29,452.50
175.00
1.50 61,775.00
2400.00
800.00
300.00
5000.00
5000.00
2500.00
2500.00
2000.00
2000.00
1.50 27,750.00
175.00
58,275.00
2400.00
800.00
300.00
1150.00
1150.00
101,877.50
1150.00
1150.00
96,675.00
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Attachment: Exhibit B - IE General Engineering Contract (4771 : Contract Award - IE General Engineering) 5000.00
5000.00
2500.00
2500.00
2000.00
2000.00
2.00 16,800.00
175.0
26,425.00
2400.00
4800.00
300.00
16,300.00
300.00
2700.00
5000.00
5000.00
2500.00
2500.00
2000.00
2000.00
2.00 16,000.00
185.00
26,640.00
2400.00
2400.00
300.00
4,200.00
300.00
600.00
1150.00
1150.00
67,675.00
1150.00
1150.00
60,490.00
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Attachment: Exhibit B - IE General Engineering Contract (4771 : Contract Award - IE General Engineering) 5000.00
5000.00
2500.00
2500.00
2000.00
2000.00
2.00 19,000.00
185.00
31,635.00
2400.00
4800.00
300.00
4,500.00
300.00
600.00
5000.00
5000.00
2500.00
2500.00
2000.00
2000.00
2.00 11,000.00
190.00
22,230.00
2400.00
2400.00
300.00
1,800.00
300.00
600.00
1150.00
1150.00
71,185.00
1150.00
1150.00
48,680.00
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Attachment: Exhibit B - IE General Engineering Contract (4771 : Contract Award - IE General Engineering) 5000.00
5000.00
2500.00
2500.00
2000.00
2000.00
2.00 14,000.00
195.00
24,375.00
1150.00
1150.00
49,025.00
495,607.50
Four Hundred ninety five thousand six hundred seven dollars and fifty cents
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Attachment: Exhibit B - IE General Engineering Contract (4771 : Contract Award - IE General Engineering) 9000.00
90,000.00
4500.00
45,000.00
135,000.00
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Attachment: Exhibit B - IE General Engineering Contract (4771 : Contract Award - IE General Engineering)
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RESOLUTION NO. R-43-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 202 4/2025 CAPITAL IMPROVEMENT BUDGET FOR COLT-22-1-03K/0263 T ARGET AREA ALLEY
RECONSTRUCTION PROJECT
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 intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and,
WHEREAS, the City of Colton received Community Development Building G rant (CDBG) funding through San Bernardino County for the design and construction of COLT-22-1-03K/0263 Target Area Alley Reconstruction Project (Project); and,
WHEREAS, the City of Colton need to provide additional funding from Host City Fee in the amount of $101,026.00 to fully fund the construction of the Project; and,
WHEREAS, a budget appropriation not listed in the Fiscal Year 2024/2025 budget is required and must be approved by resolution of the City Council.
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 City Council authorizes the following amendment for the Fiscal Year 2024/2025 budget:
Appropriate $101,026.00 from reserve balance in Host City Fee to account number 240-2512-6150-3890-0000-000 for the construction of COLT-22-1- 03K/0263 Target Area Alley Reconstruction Project.
PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 2024.
__________________________
FRANK J. NAVARRO
Mayor
ATTEST:
______________________________
STEPHANIE VARGAS
Deputy City Clerk
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Attachment: Exhibit C - Funding Resolution R-43-24 (4771 : Contract Award - IE General Engineering)
ITEM NO. 10
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE
COUNTY OF SAN BERNARDINO AND CITY OF COLTON FOR
PROVISION OF POTABLE WATER SERVICES TO SERVICE AREA
FOR TERRACE WATER COMPANY.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the Memorandum of Understanding for Provision of Potable Water (“MOU”).
BACKGROUND
Terrace Water Company (“Terrace”) is a mutual water company that currently serves approximately 2,000 people within portions of unincorporated San Bernardino County (“County”) and partially within the City of C olton (“City”) . Its entire service area is entirely within the City’s sphere of influence (“Service Area”).
For many years, Terrace ha s experienced issues with the reliability of its water supply and distribution system . In 2013, Terrace and the City e ntered into an emergency water supply agreement for Terrace to purchase potable water from the City through an intertie connection with the City’s water system. The City and Terrace amended the agreement in 2019, to allow Terrace to purchase non -emergency water from the City on an “ as available ” basis . Terrace continued to be responsible for maintenance of its water distribution system as well as providing customer service support and billing within the Service Area.
In April 2020, the State Water Resou rces Control Board (“Water Board”) issued a compliance order to Terrace, finding that Terrace was unable to comply with the Maximum Daily Demand (“MDD”) regulatory requirements of the Safe Drinking Water Act for municipal water systems . 10 Packet Pg. 229
Staff Report to the Mayor and City Council
MOU - County of San Bernardino
December 17, 2024
The Water Board im posed a service connection moratorium on Terrace and directed Terrace to complete a feasibility study to recommend options for meeting the MDD requirements. The feasibility study recommended that Terrace consolidate its water system with the City of Colton’s water system.
Terrace needs a reliable source of potable water to meet current and future water demands . The service Area is partially within the County’s jurisdiction and, as such, the Water Board could require the County to provide water service t o Terrace; however, the County does not have potable water facilities in the area . Since the City already has the necessary infrastructure to provide potable water to the Terrace Service Area and has been providing Terrace with potable water since 2013 , staff from the City and County agreed with the feasibility study ’s recommendation that the City continue providing water to Terrace.
Consolidations or adjustments in territorial boundaries fall under the jurisdiction of t he Local Agency Formation Commissi on for the County of San Bernardino (“LAFCo”) . LAFCo has established rules governing consolidation between local agencies, and has informed the City that the proposed consolidation between Terrace and City can proceed upon formal acceptance of one of the following two options:
1. The City files an exemption request pursuant to California Government Code Section 56133(e)(1) with LAFCo, stating that it will continue to provide potable water services to the Service Area; or
2. The citizens in the Terrace service Area vote to allow consolidation.
The City, Terrace, and the County believe that the exemption option (1) is the most efficient way to proceed with the consolidation. Because the Service Area is partially within the City and partially within unincorpor ated County area, the City and County are required to enter into a MOU whereby the City agrees to provide potable water to the entire Terrace Service Area pursuant to the Californian Government Code before the City can obtain the required exemption.
ISSUES/ANALYSIS
The City has provided potable water to the Terrace Service Area s ince 2013, and there is no substantive change for the City by approving the MOU. The City will continue to be compensated for the potable water services at the City’s rate schedul e and any applicable connection fees.
Once the City approves and signs the MOU, it will proceed to the County for their approval and signature. After all parties have signed, the City will submit an exemption request to LAFCo under California Government Code Section 56133(e)(1), affirming its commitment to continue providing potable water services to the unincorporated portion of the Service Area. Upon LAFCo's approval of the exemption, the City will resume discussions with Terrace and the 10 Packet Pg. 230
Staff Report to the Mayor and City Council
MOU - County of San Bernardino
December 17, 2024
Water Board to finalize the consolidation process. All future agreements for consolidation will be brought back to City Council for final approval of the consolidation.
FISCAL IMPACTS
Entering into the MOU with San Bernardino County to provide potable water services t o the Terrace Service Area has minimal immediate fiscal impact on the City of Colton. The City has been supplying water to this area under existing agreements since 2013, and this MOU primarily formalizes and extends those terms. Compensation for services will continue at the City’s established rate schedule, with applicable connection fees ensuring cost recovery. The County has no financial obligation to the City for these services.
The consolidation of the Terrace Water System (“System”) with the City’s water system represents a substantial long -term financial commitment. Upon consolidation, the City will take ownership of the System and assume responsibility for maintaining its distribution infrastructure.
Earlier this year, the Office of Water Programs at California State University, Sacramento (“OWP”) completed an Engineering Report identifying deficiencies and necessary maintenance within the System. Plans and specifications are currently being developed to address these issues, ensuring compliance with all regulatory and City standards. Funding for these improvements will be provided by the State Water Resources Control Board. Ongoing operations, maintenance costs, and utility billing will be integrated into the City's existing rate structure, adhering to Proposition 218 requirements for rate adjustments.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. MOU For Potable Water Services - clean - Colton
10 Packet Pg. 231
23152.08100\42315167.2
MEMORANDUM OF UNDERSTANDING FOR PROVISION OF POTABLE WATER SERVICES
This Memorandum of Understanding ( “MOU”) to provide potable water service to an unincorporated area of San Bernardino County, is effective upon the last signature to the MOU, by and between San Bernardino County, a political subdivision of the State of California (“County”) and the City of Colton, a California general law city and municipal corporation (“City”). The County and City may collectively be referred to as the “Parties” or individually as a “Party.”
RECITALS
A. San Bernardino County is a legal subdivision and body corporate and politic of the State of California, duly organized and existing under and by virtue of the Constitution and laws of the State of California.
B. The City of Colton is a California general law city and municipal corporation that operates a Water and Wastewater Department for the purpose of providing potable water within portions of the County.
C. Terrace Water Company (“Terrace”) is a mutual water company that currently serves approximately 2,000 people. Its certificated Service Area is partially within unincorporated San Bernardino County and partially within the City, identified in Exhibit A (“Service Area”) and entirely within the City’s sphere of influence.
D. In 2013, Terrace and the City entered into an emergency water agreement for Terrace to obtain potable water from the City through an intertie with the City’s water system. The City and Terrace amended the emergency water agreement in 2019, which allows Terrace to (1) purchase non -emergency water from the City as available, and (2) continue to maintain its distribution system, provide customer service, and bill its customers within the Service Area.
E. In April 2020, the State Water Resources Control Board (“Water Board”) issued a compliance order to Terrace, finding that Terrace was unable to comply with maximum daily demand (“MDD”) regulatory requirements of the Safe Drinking Water Act. The Water Board imposed a service connection moratorium on Terrace and directed Terrace to complete a feasibility study to recommend options for meeting the MDD requirements.
The feasibility study recommended that Terrace consolidate its water system with the City’s water system.
F. Terrace has disconnected its wells and storage tanks. Since October 2021, Terrace has relied on the intertie with the City for its entire water supply to the Service Area.
G. The County has the jurisdictional authority to provide potable water to the unincorporated portion of the Service Area. However, the County does not have potable water facilities, and it would not be economical for the County to provide potable water service to the Service Area.
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H. The City intends to file an exemption request pursuant to Cal ifornia Government Code Section 56133(e)(1) with the Local Agency Formation Commission for San Bernardino County (“LAFCO”), stating that it will continue to provide potable water services to the unincorporated portion of the Service Area. The City will provide this public service as an alternative to or substitute for potable water services by the County to the unincorporated portion of the Service Area. The level of service provided by the City is consistent with the level of service contemplated by the County.
I. The County wishes for the City to continue to provide potable water services to the unincorporated portion of the Service Area. The City has agreed to provide such services for compensation pursuant to the terms set forth herein.
NOW THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the County and the City agree as follows:
AGREEMENT
1. Purpose. The sole purpose of this MOU is for the City to continue providing potable water to the Service Area to the same extent that such services are currently being provided for the Terrace customers under the 2013 and amended 2019 emergency agreements. The City intends to enter into a consolidation agreement with Terrace. After consolidation, the City will own, operate, and maintain Terrace’s water distribution system , and will deliver water directly to customers located within the Service Area. The City will provide potable water services to the Service Area including the unincorporated portion of the Service Area as an alternative to or substitute for the County providing potable water services to the said portion of the Service Area.
2. Compensation. The City will be compensated for the potable water services by Terrace in compliance with the City’s rate schedule and any applicable connection fees. Once the City consolidates with Terrace, the City will be responsible to maintain the distribution system including maintenance and infrastructure , provide customer service, and bill the customers within the Service Area, and will be the lead agency for all rate changes in the Service Area. The City will comply with all legal requirements regarding imposing and changing rates including but not limited to Proposition 218.
3. Payment. The County has no obligation to the City for payment of water service in connection with this MOU.
4. Term. The term of this MOU shall commence upon the effective date of LAFCo’s approval of City’s exemption request under Government Code Section 56133(e)(1) and shall remain in effect as long as water services are required to the Service Area , unless the Parties agree in writing to an amendment , which is contingent on approval by the San Bernardino County Board of Supervisors and the City Council . Any change in service provider would require full disclosure to affected customers and property owners.
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Attachment: MOU For Potable Water Services - clean - Colton (4773 : MOU - County of San Bernardino) 23152.08100\42315167.2
5. Water Quality. The City shall be responsible for ensuring that for the term of the MOU, the quality of the water is the same quality of water that it delivers to its current customers and complies with all regulations including the California Safe Drinking Water Act codified in the California Health & Safety Code section 116270 et seq. and the implementing regulations in Cal. Code Regs. Title 22. The City shall ensure that it has all necessary licenses, permits and/or certifications required by Federal, State, County, and municipal laws, ordinances, rules and regulatio ns. The City shall maintain these licenses, permits and/or certifications in effect for the duration of this MOU. The City will notify County immediately of loss or suspension of any such licenses, permits and/or certifications.
6. Good Faith Performance . The Parties diligently proceed in good faith to perform their respective obligations under this MOU. If at any time during the duration of this MOU, the City fails to provide potable water service to the unincorporated portion of the Service Area as required herein, the City shall ensure that potable water is made available to the said portion of the Service Area, which may include supplemental water delivery, to continue until agreement can be made for long term water service delivery to the said portion of the Service Area.
7. Disputes. If a dispute arise s regarding the interpretation, application , claim, question , disagreement or enforcement arising from or relating to this MOU or breach thereof, the Parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equ itable solution satisfactory to both Parties.
8. Attorney’s Fees and Costs . If any legal action is instituted to enforce any Party’s rights hereunder, each Party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney’s fees directly arising from a third-party legal action against a party hereto and payable under the Liability section of this agreement.
9. Choice of Law. This MOU shall be governed by and construed according to the laws of the State of California.
10. Venue. The Parties acknowledge and agree that this MOU was entered into and intended to be performed in San Bernardino County, California. The Parties agree that the venue of any action or claim brought by any party to this MOU will be the Superior Court of California, San Bernardino County, San Bernardino District. Each Party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this MOU is brought by any third party and filed in another venue, the Parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
11. Duration of Terms. This MOU, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective Parties, provided no such assignment is in violation of the provisions of this Contract.
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12. Assignment. Without the prior written consent of the other Party, the MOU is not assignable by either Party.
13. Legality and Severability . The Parties’ actions under this MOU shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this MOU are specifically made severable. If a provision of the MOU is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
14. Release of Information . No news releases, advertisements, public announcements or photographs arising out of the MOU may be made or used without prior written approval of the County and the City , with the exception for communications made in the regular course of business and operations necessary for the City to provide potable water to the unincorporated portion of the Service Area.
15. Liability. The County agrees to indemnify, defend (with counsel reasonably approved by City), and hold harmless the City and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this MOU from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The County indemnification obligation applies to City’s “active” as well as “passive” negligence but does not apply to City’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
The City agrees to indemnify, defend (with counsel reasonably approved by County), and hold harmless County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this MOU from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees, City’s indemnification obligation applies to County’s “active” as well as “passive” negligence but does not apply to County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
In the event both parties are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the MOU, the parties shall indemnify the other to the extent of its comparative fault.
16. Insurance. County and City are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions, or obligations of this MOU.
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17. Subpoena. In the event that a subpoena or other legal process commenced by a third party in any way concerning the services provided under this MOU is served upon the City or County, such Party agrees to notify the other Party in the most expeditious fashion possible following receipt of such subpoena or other legal process. The City and County further agree to cooperate with the other Party in any lawful effort by such other Party to contest the legal validity of such subpoena or other legal process commenced by a third party as ma y be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations herein.
18. Notices. All written notices provided for in this MOU or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County City of Colton
County Administrative Office Water Utilities Department 385 N. Arrowhead Ave., 5th Floor 160 S. 10th Street
San Bernardino, CA 92415 Colton, CA 92324
Notice shall be deemed communicated three (3) County working days from the time of mailing if mailed as provided in this paragraph.
19. Amendments. This MOU may only be amended by mutual consent of the Parties in writing and approved by the San Bernardino County Board of Supervisors and the City Council.
20. Entire Agreement. This MOU, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this MOU not expressly set forth herein are of no force or effect. This MOU is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this MOU and signs the same of its own free will.
21. Electronic Signatures. This MOU may be executed in any number of counterparts, each of which so executed MOU shall be deemed to be an original, and such counterparts shall together constitute one and the same MOU. The parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed MOU upon request.
IN WITNESS WHEREOF, the San Bernardino County and the City of Colton have each caused this MOU to be subscribed by its respective duly authorized officers, on its behalf
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Attachment: MOU For Potable Water Services - clean - Colton (4773 : MOU - County of San Bernardino) 23152.08100\42315167.2
SAN BERNARDINO COUNTY
(Print or type name of corporation, company, contractor, etc.)
By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF
THIS
(Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:
Deputy Address
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Attachment: MOU For Potable Water Services - clean - Colton (4773 : MOU - County of San Bernardino)
ITEM NO. 11
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE OBLIGATION OF REMAINING LOCAL FISCAL
RECOVERY FUNDS (ARPA), RESOLUTION R-124-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Adopt Resolution R-124-24, which:
1. Authorizes the transfer of $ 6,270,797 in qualified public safety expenditures from the General Fund to the Local F iscal Recovery Fund under the revenue replacement category;
2. Authorizes the transfer of $657,367.11 in accumulated interest from the Local Fiscal Recovery Fund to the General Fund; and,
3. Appropriates $8,634,745 in General Fund projects to complete the pre viously prioritized projects citywide.
BACKGROUND
Signed into law on March 11, 2021, the American Rescue Plan Act of 2021 (“ARPA”) provides $1.9 trillion worth of federal COVID -19 relief. The relief package includes $350 billion in additional funding f or state and local governments, more commonly designated as the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”). The local funding portion is approximately $130 billion, equally divided between cities and counties. Localities receive d the funds in two tranches –the first after the U.S. Treasury certifie d the proceeds to each jurisdiction and the second, one year later.
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Staff Report to the Mayor and City Council
Obligation of Remaining Local Fiscal Recovery Funds (ARPA) December 17, 2024
The funding objectives of the Coronavirus State and Local Fiscal Recovery program are:
Support urgent COVID -19 response effor ts to continue to decrease spread of the virus and bring the pandemic under control.
Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs. Support immediate economic stabilization for households and businesses. Address systemic public health and economic challenges that have contributed to the unequal impact of the pandemic.
Under ARPA’s SLFRF program, the City of Colton was allocated $ 14,881,400 in one -time funding.
The Department of Treasury’s final rule clarified eligible uses describing the standards to determine eligible uses of funds in each of four eligible use categories:
1. Responding to the public health and negative economic impacts of the pandemic (which includes several sub-categories).
2. Providing premium pay to essential workers.
3. Providing government services to the extent of revenue loss due to the pandemic.
4. Making necessary investments in water, sewer, and broadband infrastructure.
The deadline for costs to be incurred – which the final rule clarifies means obligated – December 31, 2024, is specified in the ARPA statute, and Treasury will retain December 31, 2026 as the end of the period of performance to provide a reasonable amount of time for recipients to liquidate obligations incurred by the statutory deadline.
Recipients with funds not obligated, under the revised definition, by the December 31, 2024 deadline are required to return to Treasury any SLFRF funds that have not been obligated.
ISSUES/ANALYSIS
In several of its bargained labor agreements and subsequently in Resolution R -05-22 for part - time workers, City Council allocated $2,423,042 of the SLFRF funds as premium pay for essential workers. All other projects and uses qualified under the negative economic impacts of the pandemic and the revenue loss category.
As the extent of the City’s actual and estimated revenue loss exceed ed the City ’s SLFRF allocation, in accordance with the Department of Treasury’s prescribed methodolog y, City Council adopted Resolution R -03-22 on January 4, 2022, accepting the Local Fiscal Recovery Funds as replacement revenue for revenue lost due to the pandemic. This action gave the City the maximum flexibility in utilizing the funds for general gove rnmental services, allowing the City to prioritize and address a variety of projects and objectives citywide without being subject to the more restrictive requirements of categorical spending. 11 Packet Pg. 239
Staff Report to the Mayor and City Council
Obligation of Remaining Local Fiscal Recovery Funds (ARPA) December 17, 2024
Through the budget process, City Council subsequently approv ed several worthwhile projects to address various community needs.
In November 2023, Treasury issued the Obligation IFR to address recipients’ questions and comments regarding the definition of obligation. The Obligation IFR revises the definition o f “obligation” in Treasury’s implementing regulations for the SLFRF program and provides related guidance.
Treasury implemented this requirement by providing that a cost is considered incurred by December 31, 2024, if a recipient has incurred an obligatio n with respect to the cost by December 31, 2024. Under the rule adopted in 2021, an “obligation” means an order placed for property and services and entering into contracts, subawards, and similar transactions that require payment. Under the amendment to the rule adopted in 2023, an obligation also includes a requirement under federal law or regulation or provision of the SLFRF award terms and conditions to which a recipient becomes subject as a result of receiving or expending SLFRF funds. The final rule further clarified that an obligation is not an adopted budget, an appropriation, resolution or executive order, a letter of intent, or claiming funds under the revenue loss category without further establishing an obligation with those funds by December 31, 2024.
Several SLFRF projects have not been obligated under the revised Department of Treasury definition. In January of 2022 Treasury published the Coronavirus State & Local Fiscal Recovery Funds: 2022 Overview of the Final Rule which lists examples of eligible government services, including “Provision of police, fire, and other public safety services .” To avoid the requirement of returning unobligated funds to the Department of Treasury, it is recommended that City Council authorize staff to transfer $6,270,797 in qualified public safety expenditures from the General Fund to the Local Fiscal Recovery Fund under the revenue replacement category and appropriate $8,634,745 in the General Fund to complete the previously prioritized projects citywide.
Finally, SLFRF payments made to recipients are not subject to the requirements of the Cash Management Improvement Act and Treasury’s implementing regulations at 31 CFR Part 205 or 2 CFR 200.305(b)(8) -(9). As such, recipients can place funds in interest -bearing accounts, do not need to remit interest to Treasury, and are not limited to using that interest for eligible uses under the SLFRF award. The proposed action would transfer the accumulated interest from the Local Fiscal Recovery Fund to the General Fu nd to assist in funding the previously prioritized projects.
FISCAL IMPACTS
Approval of Resolution R-124-24 will:
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Staff Report to the Mayor and City Council
Obligation of Remaining Local Fiscal Recovery Funds (ARPA) December 17, 2024
1. Authorize staff to transfer $6,270,797 in qualified public safety expenditures from the General Fund to Local Fiscal Recovery Fund account number 219 -1000-1000-5993- 0000-100 under the revenue replacement category and transfer $ 6,270,797 to General Fund account number 100-5993-219;
2. Authorize staff to transfer $657,367.11 in accumulated interest from Local Fiscal Recovery Fund account number 219-1000-1000-5993-0000-100 to General Fund account number 100-5993-219; and,
3. Appropriate $8,634,745 in the General Fund to complete the previously prioritized projects citywide.
ALTERNATIVES
1. Do not obligate the unspent SLFRF funds by the December 31, 2024 Department of Treasury deadline, requiring the City to return to Treasury any SLFRF funds that have not been obligated.
2. Provide alternative direction.
ATTACHMENT
1. Resolution R-124-24
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Resolution No. R 124-24
RESOLUTION NO. R-124-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AUTHORIZING THE OBLIGATION AND TRANSFER OF FUNDS AND
APPROPRIATIONS RELATED TO THE AMERICA RESCUE PLAN ACT
(ARPA) OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS (SLFRF)
WHEREAS, the American Rescue Plan Act of 2021 (ARPA) was signed into law on March 11, 2021, providing $1.9 trillion in federal COVID -19 relief, including $350 billion in Coronavirus State and Local Fiscal Recovery Funds (SLFRF) to support state and lo cal governments; and
WHEREAS, the City of Colton was allocated $14,881,400 in one -time SLFRF funding under ARPA to address eligible uses, including responding to the public health and negative economic impacts of the pandemic, providing premium pay to esse ntial workers, replacing lost revenue, and making necessary investments in water, sewer, and broadband infrastructure; and WHEREAS, the Department of Treasury’s final rule and subsequent Obligation IFR issued in November 2023 clarified the definition of "o bligation" and specified that costs must be incurred—defined as obligated—by December 31, 2024, with a liquidation deadline of December 31, 2026; and
WHEREAS, the City Council previously allocated $2,423,042 of the SLFRF funds as premium pay for essential workers and utilized the remainder of the funds under the revenue replacement category to provide maximum flexibility in addressing a variety of community projects and needs; and
WHEREAS, the revised Treasury guidelines require that any funds not obligated by December 31, 2024, must be returned to the Department of Treasury, emphasizing the necessity of timely compliance to retain the allocated funds; and
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Attachment: Resolution R-124-24 (4777 : Obligation of Remaining Local Fiscal Recovery Funds (ARPA)) 1 2
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Resolution No. R 124-24
WHEREAS, certain previously prioritized SLFRF -funded projects remain unobligated under the updated Treasury definition, requiring reallocation to ensure compliance with the federal deadline;
WHEREAS, it is in the best interest of the City of Colton to transfer $ 6,270,797 in qualified public safety expenditures from the General Fund to the Local Fiscal Recov ery Fund under the revenue replacement category and to reappropriate these funds in the General Fund to complete prioritized citywide projects; and
WHEREAS, SLFRF payments made to recipients are not subject to the requirements of the Cash Management Improvement Act and Treasury’s implementing regulations at 31 CFR Part 205 or 2 CFR 200.305(b)(8)-(9). As such, recipients can place funds in interest -bearing accounts, do not need to remit interest to Treasury, and are not limited to using that interest for el igible uses under the SLFRF award.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Colton does hereby resolve as follows:
SECTION 1. Authorization to Transfer Funds: The City Council hereby authorizes the transfer of $ 6,270,797 in q ualified public safety expenditures from the General Fund to Local Fiscal Recovery Fund account number 219 -1000-1000-5993-0000-100 under the revenue replacement category and the transfer of $ 6,270,797 to General Fund account number 100-5993-219;
1. SECTION 2. Authorization to Transfer Funds: The City Council hereby a uthorizes the transfer $657,367.11 in accumulated interest from Local Fiscal Recovery Fund account number 219 -1000-1000-5993-0000-100 to the General Fund account number 100 -5993- 219;
SECTION 3. Appropriation of Funds: The City Council hereby appropriates $8,634,745 in the General Fund to complete previously prioritized citywide projects, as approved
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Attachment: Resolution R-124-24 (4777 : Obligation of Remaining Local Fiscal Recovery Funds (ARPA)) 1 2
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Resolution No. R 124-24
through the budget process; and,
SECTION 4. Administrative Actions: The City Manager and Finance Dir ector are authorized and directed to take all necessary actions to implement this resolution PASSED, APPROVED AND ADOPTED this 17th day of December 2024:
City of Colton
FRANK J. NAVARRO, Mayor
ATTEST:
ISAAC T. SUCHIL, City Clerk
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Attachment: Resolution R-124-24 (4777 : Obligation of Remaining Local Fiscal Recovery Funds (ARPA))
ITEM NO. 12
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: AFFIRM ONGOING EMERGENCY AT AGUA MANSA POWER
PLANT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Confirm ongoing emergency condition at Agua Mansa Power Plant and authorize the City Manager or designee to execute all necessary agreements to complete repairs to the power plant and simultaneously execute all necessary agreements for a lease engine as provisioned in Colton Municipal Code section 3.08.130(A), authorizing emergency contracting for repairs and waive the formal competitive bidding process.
BACKGROUND
On June 18 , 2024, the Colton City Council, by vote of 5 to 0 ratified the existence of an emergency regarding the inoperability of Agua Mansa Power Plant (AMPP) and authorized emergency repairs pursuant to the authority granted in Section 3.08.130 (A) of the Colton Municipal Code and California Public Contract Code, Section 22050.
These code sections require the City Council to affirm the existence of the emergency by 4/5 vote at every Council meeting, until the repairs are completed.
During a recent routine inspe ction, damage was discovered to the turbine at the Agua Mansa Power Plant (AMPP). While the damage is attributed to “normal wear -and-tear,” and the equipment was scheduled for normal maintenance/replacement in November of this year, this discovery presents a serious situation and potential financial exposure for the Electric Utility.
Due to this discovery, AMPP cannot be run until repairs are completed. With AMPP out of market, the Electric Utility faces significant costs for replacement energy that are e stimated to be 12 Packet Pg. 245
Staff Report to the Mayor and City Council
Ongoing Emergency - AMPP
December 17, 2024
as high as $29,000,000.
ISSUES/ANALYSIS
Given the significant financial exposure to the City and the potential for catastrophic failure of AMPP, the City Manager’s Office has issued an emergency declaration and directed staff to effectuate repairs to the plant. To accomplish this, the City has invoked Colton Municipal Code
3.08.130 (A), dispatching with the Formal Bidding requirements and has executed agreements with ProEnergy Services, LLC to overhaul the City’s gas turbine and simultan eously lease a gas turbine to bring AMPP back into market as quickly as practicable.
Given the significant financial exposure to the City and the potential for catastrophic failure of AMPP, the City Manager’s Office has issued an emergency declaration a nd directed staff to effectuate repairs to the plant. To accomplish this, the City has invoked Colton Municipal Code
3.08.130 (A), which with Council concurrence allows for dispatching with the formal bidding requirements and therein allowing the City to e nter into agreement with P roEnergy Services for overhaul of the City’s engine and the lease of a temporary engine to power AMPP. The leased engine is on a weekly basis at a rate of $110,000. It is estimated the City will need the leased engine for approxim ately 13 weeks for a total of $1,430,000. The overhaul and repairs to the City’s engine have an estimated not to exceed cost of $2,900,000 which includes a 10 percent contingency to accommodate for additional work that may be required but is not yet known at this time. In total, the cost for the leased engine and repairs to the City’s engine are anticipated to be $4,330,000.
The City’s engine was removed from AMPP on June 19, and transported to the repair depot in Houston, Texas. The engine overhaul has been completed with the engine being transported back to AMPP and reinstalled on October 23, 2024. At this time, AMPP is available for dispatch; however, work continues due to increased emissions that have been observed during the test fire.
This is not unco mmon with overhaul projects and as such, staff continue to tune the turbine operating parameters and troubleshoot the increased emissions. Ongoing work to address elevated emissions include replacing fuel nozzles, adjusting fuel flow and potential modifications to the catalyst. Staff does not at this time project an increase to the project cost as a result of these efforts.
FISCAL IMPACTS
Sufficient appropriations are available in the FY2024 -25 adopted budget in Electric Utility Fund Agua Mansa Power Plant Capital Account Number 520-8000-8009-4930-0101-000.
ALTERNATIVES
Provide alternative direction to staff.
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ITEM NO. 13
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: RAY BRUNO, FIRE CHIEF
SUBJECT: AUTHORIZE THE PURCHASE OF A 2025 RAM 1500 BIG HORN CREW CAB 4X4 FOR THE FIRE DEPARTMENT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the purchase of a 2025 RAM 1500 Big Horn Crew Cab 4x4 for use as a paramedic squad from Redlands Chrysler Dodge Jeep Ram at a total cost of $53,358.56, in accordance with Colton Municipal Code Section 3.08.140(E).
BACKGROUND
The Fire Department has conducted an extensive search to procure a new reserve paramedic squad vehicle, exploring several vendors, including the National Auto Fleet Group. However, due to limited availability, it has been challenging to secure a viable option. A competitive quote was obtained from Redlands Chrysler Dodge Jeep Ram, which offers a lower price compared to other vendors and an estimated 6-8 week build time.
The current paramedic squad, a 2008 Ford F450, has only 16,813 miles but is 16 years old. The vehicle required significant repairs to be reactivated in February 2024 after sitting dormant since 2009. Currently, the department lacks a reserve paramedic squad, pos ing a risk if the primary vehicle becomes inoperable. The proposed 2025 RAM 1500 Big Horn will replace the 2008 Ford F450 as the primary paramedic squad, and the Ford will be used as a reserve. Upon delivery, the new vehicle will be equipped with emergency lights, sirens, a mobile data computer, and department-specific lettering.
ISSUES/ANALYSIS
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Staff Report to the Mayor and City Council
Purchase - Fire Department Vehicle
December 17, 2024
Given the challenges of limited availability, extended build times, and higher costs from other vendors, the Fire Department is requesting an exception to the f ormal bidding process. Staff recommends awarding the purchase to Redlands Chrysler Dodge Jeep Ram under Colton Municipal Code Section 3.08.140(E) – Exceptions to Competitive Bidding – Non-Public Projects. This section permits dispensing with the competitive bidding process if the City Manager, with City Council concurrence, determines that it is in the City's best interest for administrative efficiency. The proposed purchase qualifies under this exception, as the cost is well within the $100,000 limit for Non-Public Project purchases.
FISCAL IMPACTS
Sufficient appropriations for the purchase of the squad are available in the FY2024 -25 adopted budget in Auto Shops Fund Capital Outlay Vehicle Account Number #608-6150-8700-4910- 0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Reserve squad invoice_0001
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Attachment: Reserve squad invoice_0001 (4759 : Purchase - Fire Department Vehicle)
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Attachment: Reserve squad invoice_0001 (4759 : Purchase - Fire Department Vehicle)
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Attachment: Reserve squad invoice_0001 (4759 : Purchase - Fire Department Vehicle)
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Attachment: Reserve squad invoice_0001 (4759 : Purchase - Fire Department Vehicle)
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Attachment: Reserve squad invoice_0001 (4759 : Purchase - Fire Department Vehicle)
ITEM NO. 14
STAFF REPORT
DATE: DECEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, CHIEF DEPUTY CITY CLERK
SUBJECT: APPROVE SECOND READING OF ORDINANCE NO. O-19-24, AMENDING COLTON MUNICIPAL CODE SECTION 2.12.020
INCREASING CITY TREASURER SALARY, ORDINANCE NO. O-19-
24. RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended that the City Council approve the second reading of AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, AMENDING COLTON MUNICIPAL CODE SECTION
2.12.020 INCREASING CITY TREASURER SALARY
.
ATTACHMENT
1. Ordinance re City Treasurer Salary 12-3-24
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ORDINANCE NO. O-19-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, AMENDING COLTON MUNICIPAL
CODE SECTION 2.12.020 INCREASING CITY
TREASURER SALARY
WHEREAS, the City of Colton, California (“City”) is a general law city organized and existing under the Constitution and laws of the State of California.
WHEREAS, Government Code section 36517 allows the Cit y Council to fix City Treasurer salary by ordinance or resolution.
WHEREAS, Colton Municipal Code Section 2.12.020 establishes the salary for the City Treasurer.
WHEREAS, the City Council desires to increase the salary for the City Treasurer by amending Colton Municipal Code section 2.12.020.
WHEREAS, the proposed salary increase is in compliance with the Government Code.
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, the City Council of the City of Colton, California, does hereby ordain as follows:
SECTION 1. Incorporation of Recitals. The Recitals herein are true and correct and an incorporated herein by this reference.
SECTION 2. Amendment to Municipal Code. Colton Municipal Code Chapter
2.12 Compensation of City Officials—Bonds, Section 2.12.020 City Treasurer is amended to read as follows:
“2.12.020 - City Treasurer.
The Treasurer of the City shall be paid a salary of four hundred and seven dollars and zero cents ($407.00 ) per m onth payable at the time and in the manner that other salaries are paid. The City Council m ay provide by R esolution for supplemental compensation.”
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion
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Attachment: Ordinance re City Treasurer Salary 12-3-24 (4779 : Second Reading of Ordinance No. O-19-24) of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
SECTION 8. Certification and Publication. The City Clerk of the City of Colton shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933.
SECTION 9. CEQA. The City Council finds that adoption of this Ordinance is not a “project,” as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the e nvironment or a reasonably foreseeable indirect physical change in the environment pursuant to CEQA Guideline 15061(b)(3) and concerns general policy and procedure making.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Colton, California on the 3rd day of December, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
FRANK J. NAVARRO, MAYOR
ATTEST:
______________________________________________
STEPHANIE M. VARGAS, CHIEF DEPUTY CITY CLERK
APPROVED AS TO FORM:
_______________________________________
BEST BEST & KRIEGER LLP, CITY ATTORNEY
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Attachment: Ordinance re City Treasurer Salary 12-3-24 (4779 : Second Reading of Ordinance No. O-19-24) State of California )
County of San Bernardino ) s.s.
City of Colton )
I, Stephanie M. Vargas, Deputy City Clerk, hereby certify that the foregoing is a true copy of Ordinance No. ____, introduced at a regular meeting held on the 3rd day of December 2024, and duly adopted by the City Council of the City of Colton, California at a regular meeting thereof held the _____ day of _____________________, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
STEPHANIE M. VARGAS, DEPUTY
CITY CLERK
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Attachment: Ordinance re City Treasurer Salary 12-3-24 (4779 : Second Reading of Ordinance No. O-19-24)