Colton City Council
March 4, 2025

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 Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Isaac T. Suchil

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, MARCH 4, 2025 – 5:00 P.M.

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

CLOSED SESSION CALLED TO ORDER

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

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

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

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

2 A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 0276-121-20, 0276-121-21, 0276-121-14 and 0276-122-06 Agency Negotiator: City Manager William Smith and City of Riverside Negotiating Parties: Union Pacific Railroad
Under Negotiation: Price and Terms of Payment

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

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

OPEN SESSION
6:00 P.M.

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

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Recognition - 2024 Holiday Community Aid Sponsors

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 par ticipant 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)

3 AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS
There are no Public Hearing items.

BUSINESS ITEMS
To speak on business items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
(1) Permit Parking Ordinance - Waive Full Reading, Read by Title Only, and Pass First Reading of an Ordinance of the City Council of the City of Colton, California, Amending Chapter 10.44 of the Colton Municipa l Code Regarding Preferential Parking and Making Findings Under CEQA, ORDINANCE NO. O-03-25. [Staff Person: Anthony Vega]

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

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

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

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

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.

(2) Minutes - Approval of Minutes for the City Council Regular Meeting Held on February 04, 2025, on File in the Office of the City Clerk.
[Staff Person: Isaac T. Suchil]
(3) Warrants - Approve US Bank voucher dated 01/06/2025 and totaling $65,337.75; voucher numbers 217202 to 217281 dated 01/29/2025 and totaling $100,034.20; voucher numbers 217282 to 217387 dated 01/30/2025 and totaling $964,833.41; replacement check #217388 for $1,058.39; voucher numbers 217389 to 217505 dated 02/06/2025 and totaling $478,727.11. [Staff Person: Stacey Dabbs]
(4) Annual DIF Report - Approve the Annual Development Impact Fee Report for Fiscal Ye ar Ending June 30, 2024.
[Staff Person: Robert DeLoach]
(5) Contract Amendment - Terrace Water Company - Approve and Adopt a Second Amendment to Agreement Regarding Transfer of Emergency Water, RESOLUTION NO. R-07-25. [Staff Person: Robert DeLoach]
(6) Contract Award - IDC Consulting Engineers, Inc. - Approve the Award of Professional Services Agreement to IDC Consulting Engineers, Inc. for the La Cadena Drive over Santa Ana River Bridge Replacement Project. [Staff Person: Robert DeLoach]
(7) Cooperative Agreement - County of San Bernardino - Approve Cooperative Agreement with the County of San Bernardino for the Rancho Avenue Pavement Improvement Project and Associated Budget Resolution, RESOLUTION NO. R-05-25.
[Staff Person: Robert DeLoach]
(8) Notice of Completion - Sidewalk Repair Project - Approve a Notice of Completion for the FY22-23 Sidewalk Repair Project, Performed by DM Contracting, Inc.
[Staff Person: Robert DeLoach]
(9) Resolution - Upper Santa Ana Watershed Infrastructure Financing Authority - Approve and Adopt a Resolution to Join the Upper Santa Ana River Watershed Infrastructure Financing Authority, RESOLUTION NO. R-06-25.
[Staff Person: Robert DeLoach]
(10) Second Reading of Ordinance No. O-02-25 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, Amending 16.16.240 of the Colton Municipal Code relating to Tentative Map Extensions and Determining the Ordinance to be Exempt from CEQA. (File Index No. DAP24 -0003), ORDINANCE NO. O-02-25.
[Staff Person: Stephanie M. Vargas]

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

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

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

PROCEDURES FOR ADDRESSING CITY COUNCIL

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

RULES OF DECORUM

To hel p conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to a llow 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 the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

NOTICE TO PUBLIC

Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. L a 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 th e 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 rou tine 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.

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

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18, with the latest updates being approved on November 2, 2021. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ANTHONY VEGA, POLICE CHIEF
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY, AND PASS

FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF COLTON, CALIFORNIA, AMENDING CHAPTER

10.44 OF THE COLTON MUNICIPAL CODE REGARDING

PREFERENTIAL PARKING AND MAKING FINDINGS UNDER
CEQA, ORDINANCE NO. O-03-25.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Waive Full Reading, Read by Title Only, and pass the first reading for Preferential Parking Code Ordinance, Ordinance No. O -03-25. An Ordinance of the City Council of the City of Colton, California, Amending Chapter 10.44 of the Co lton Municipal Code Regarding Preferential Parking and Making Findings Under CEQA.

BACKGROUND

The City of Colton (“City”) adopted an Ordinance O-12-05 introducing a “Preferential Parking Program” on August 2, 2005 . The current ordinance, codified in Co lton Municipal Code Chapter 10.44, outlines the process in which parking permit zone/districts are established.

To date, two preferential parking districts/zones have been established. In 2005, the “Louise Street” zone was established and is located at the 800 and 900 blocks of Louise Street and the 1800 block of N. Alston Avenue. In 2015, the “F Street” zone was established and is located on the southerly segment of F Street from N. La Cadena Drive to 9 th Street. Since 2015, the parking permit program has not been used to establish any additional parking permit zones.

In August of 2024, the Police Department received an inquiry from a citizen about establishing a 1 Packet Pg. 7
Staff Report to the Mayor and City Council
Permit Parking Ordinance
March 4, 2025

parking permit zone in the City of Colton.

A review of the current Municipal Code Cha pter was completed to identify necessary changes.

Staff found that the existing regulations under Colton Municipal Code Chapter 10.44 have become complex, leading to administrative inefficiencies and confusion among residents regarding eligibility, applica tion, and enforcement of permits. This complexity also hampers effective enforcement and equitable application of the parking rules.

Additionally, staff discovered Ordinance O -12-05 codified CMC 10.40 as the “Preferential Parking Program.” However, Colt on Municipal Code identifies CMC 10.40 as “Rotational Towing Services.” It was discovered the “Preferential Parking Program” was placed in CMC

10.44. The proposed adoption of this revised ordinance will correctly establish CMC 10.44 as the “Preferential Parking Code.”

ISSUES/ANALYSIS

Pursuant to California Vehicle Code Sections 22507 and 22507.5, the City of Colton may regulate and manage parking to address local conditions, particularly in residential areas where parking availability impacts quality of life. More specifically, the City may establish preferential parking zones to provide parking to residents and mitigate the effects of non-resident parking.

Preferential parking zones are necessary to alleviate serious problems in certain residential ar eas of the City due, in part, to the parking of motor vehicles on streets by nonresidents of the immediate area for extended periods of time and the nonuse of available public transit alternatives to automobile travel by nonresidents which has resulted in neighborhood decline in affected areas because of traffic congestion, noise, air pollution, traffic hazards, and inability of residents to park their vehicles reasonably close to their residences. During the review process, numerous amendments were brough t forth that are essential to refining the ordinance. The revisions to the current ordinance include the following changes:

Petition forms.

The Police Department shall provide petition forms for preferential parking zones upon the written request of any five (5) residents of/or property owners within a proposed zone, one (1) of whom shall be designated in the request as the official representative of the zone advocates.

Establishment of a preferential parking zone.

Currently, preferential parking zone s may be initiated by property owners or tenants. Under the proposed ordinance, only property owners can petition for and establish these zones. More specifically, the preferential parking zone establishment process may be initiated by petition containing the signatures of at least seventy five percent (75%) of the property owners of all units of occupancy fronting curbs proposed to be included in the zone. The petition form is provided by the Police Department. The signed and completed petition shall b e submitted to the Police Department.
1 Packet Pg. 8
Staff Report to the Mayor and City Council
Permit Parking Ordinance
March 4, 2025

After a complete petition has been submitted to the Police Department, the Police Chief or designee shall, in consultation with City staff and petitioners as represented by their official representative, study the pr oposed parking zone and determine the reasonable availability of convenient parking spaces. City staff in every department shall assist in providing information and other assistance as required by the Police Chief. Each written petition shall be reviewed by the City Traffic Safety Committee.

Following receipt of the recommendation of the Police Department, the City Council shall, by resolution, determine whether the preferential parking zone shall be established.

Termination of a preferential parking zone.

The City Council may terminate a preferential parking zone upon receipt of a petition calling for termination which has been received and transmitted by the City Clerk, and which contains the signatures and corresponding printed name and address repr esenting a majority (fifty percent (50%) plus one (1)) of the dwelling units in the zone. The City Council may also terminate a preferential parking zone, without submission of a petition requesting termination, by resolution setting forth the reasons for such termination which reasons may include, but are not limited to, changes in circumstances which led to the original establishment of the zone.

Permit issuance.

Parking permits for preferential parking zones shall be issued by the Police Department.

Preferential parking permits for residents shall be issued only upon application of a legal resident of the established zone who is the registered owner or has exclusive use and control of the vehicle for which application is made. Proof of residency and ownership or exclusive use and control shall be demonstrated as determined by the Chief of Police.

The number of preferential parking permits, if any, that may be issued pursuant to this chapter shall be determined and calculated as follows:

(1) Residents: No more than two (2) permits for residents shall be issued to any one (1) residence.
(2) Visitors: Not more than one (1) visitor preferential parking permit shall be issued to any one (1) residence.

Permit fee.

Applications for issuance of initial permits or transfer permits when the holder of a permit in one zone moves to another zone and desires a permit for the new zone, or a replacement permit in the case of a lost or mutilated permit, shall be filed with the Police Department and shall be accompanied by the fee established by resolution of the City Council.

Permit display.
1 Packet Pg. 9
Staff Report to the Mayor and City Council
Permit Parking Ordinance
March 4, 2025

Preferential parking permits for residents shall be prominently displayed and firmly attached to the left side of the rear window of the vehicle for which the permit was iss ued. Permits for visitors shall be prominently displayed either on the left side of the rear window of the vehicle or hanging from the interior rear-view mirror.

Permit revocation.

The Chief of Police or designee are authorized to revoke the preferenti al parking permit of any person found to be in violation of any of the provisions of this chapter and, upon written notification, that person must surrender the permit to the Chief of Police or designee or prove its destruction or disfigurement to the Chief of Police’s or designee’s satisfaction.

Notice of preferential parking zones.

The Public Works Director shall place and maintain, or cause to be placed and maintained, on each street or portion of street designated to be within a preferential parking zo ne, appropriate signs giving notice vehicles must display preferential parking permits and any applicable time limits for parking of vehicles without permits.

Enforcement hours.

Preferential parking in the zones established by the City Council shall be in effect on those days and during those hours as shall be determined by the City Council when the zone is established.

Parking privileges of permit holders.

Any vehicle properly displaying a valid preferential parking permit issued for that vehicle may be parked on any street or portion of street within the zone for which the permit was issued without being limited by the time restrictions imposed pursuant to this chapter. Permit holders shall be subject to parking restrictions imposed pursuant to any other chapter of this Code or other state law provisions. Preferential parking permits shall not guarantee nor reserve to the holder any specific on-street parking space.

Designation of zones.

The streets and/or portions of streets established as preferential parking zones for the purposes of this chapter shall be designated by resolution of the City Council.

Exemptions.

The following vehicles are exempt from the parking restrictions imposed pursuant to this chapter:

A. Vehicles in use for the construction or repair of any utility; B. Vehicles engaged in official government business;
C. Vehicles from which persons or goods are actively being loaded or unloaded; D. Vehicles engaged in construction, repairs, or similar services on property within the preferential parking zone; or
E. Emergency vehicles.

1 Packet Pg. 10
Staff Report to the Mayor and City Council
Permit Parking Ordinance
March 4, 2025

Violations.

A. No vehicle shall be parked or stopped adjacent to any curb in a preferential parking zone in violation of any posted restrictions during the time preferential parking is in effect, unless such vehicle shall have the permit prominently displayed in accordance with section 10.44.070 of this Code.

B. No person shall falsely represent that he or she is eligible for preferential parking permit(s) or furnish false information in an application for a permit.

C. No person shall park or leave standing in a preferential parking zone, any vehicle which displays a preferential parking permit issued for a different vehicle.

D. No person shall park or leave standing in a preferential parking zone any ve hicle which displays a facsimile or counterfeit preferential parking permit.

E. No person whose preferential parking permit has been revoked shall refuse or fail to surrender the permit when requested to do so in writing by the Chief of Police.

F. No resid ent or visitor preferential parking permit issued pursuant to this chapter shall thereafter be assigned, transferred, sold or used for any consideration, monetary or otherwise.

Existing Preferential Parking Zones

As discussed above, there are currently two preferential parking zones in the City:

 Louise Street Zone: The Louise Street Zone was established in 2005 and is located at the 800 and 900 blocks of Louise Street and the 1800 block of N. Alston Avenue.

 F Street Zone: The F Street Zone was establis hed in 2015 and is located along the southerly segment of F Street from N. La Cadena Drive to 9th Street.

The proposed Ordinance acknowledges and formally establishes these existing zones. Maps to clearly indicate the zones are attached to the proposed Ordinance as Exhibits.

FISCAL IMPACTS

At this time, staff does not foresee any fiscal impact.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Colton - Ordinance Updating Chapter 10.44 Preferential Parking (2.11.25)-c1

2. 2005 ORD O-12-05
1 Packet Pg. 11

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ORDINANCE NO. O-03-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COLTON, CALIFORNIA AMENDING CHAPTER 10.44

OF THE COLTON MUNICIPAL CODE REGARDING

PREFERENTIAL PARKING AND MAKING FINDINGS
UNDER CEQA.

WHEREAS, pursuant to California Vehicle Code Sections 22507 and 22507.5, the City of Colton (“City”) may regulate and manage parking to address local conditions, particularly in residential areas where parking availability impacts quality of life. More specifically, the City may establish preferential parking zones to provide parking to residents and mitigate the effects of non-resident parking; and,
WHEREAS, the City’s current preferential parking regulations have been in place to address parking shortages in residential areas, where non-residents’ extended parking has led to congestion, reduced availability for residents, and associated issues like increased noise; and, WHEREAS, the existing regulations under Colton Municipal Code Chapter 10.44 have become complex, leading to administrative inefficiencies and misunderstanding among residents regarding eligibility, application, and enforcement of permits. This complexity also hampers effective enforcement and equitable application of the parking rules; and, WHEREAS, the City Council of the City of Colton (“City Council”) proposes to amend Chapter 10.44 to streamline the process for establishing, modifying, or terminating preferential parking zones. Key changes include simplification of the petition process for initiating a zone, requiring signatures from 75% of property owners; clarification of permit distribution, allowing up to two permits per residence for residents and one for visitors, aiming to balance resident needs with parking availability; and the introduction of clearer guidelines for permit revocation to ensure compliance and fairness; and,
WHEREAS, these changes are intended to enhance administrative efficiency by reducing the complexity of application and management processes, improve clarity for residents and property owners about their rights and responsibilities under the preferential parking program, promote better parking management, which in turn supports neighborhood stability and resident

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Attachment: Colton - Ordinance Updating Chapter 10.44 Preferential Parking (2.11.25)-c1 (4826 : Permit Parking Ordinance)

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satisfaction, and to ensure that the regulations are in line with current needs residents and property owners; and,
WHEREAS, the proposed ordinance reflects the community’s desire for more effective parking solutions that respect the rights of residents to convenient parking while accommodating the needs of local businesses and visitors.

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

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

SECTION 2. Amendment to the Municipal Code. Colton Municipal Code Chapter 10.44 Preferential Parking Program is amended to read as follows:
“Chapter 10.44 PREFERENTIAL PARKING ZONES

10.44.010 Purpose.

This chapter shall be known as, and may be cited as, the “Preferential Parking Code.” This chapter is enacted pursuant to authority granted by Sections 22507 and 22507.5 of the California Vehicle Code. Preferential parking zones are necessary to alleviate serious problems in certain residential areas of the City due, in part, to the parking of motor vehicles on streets by nonresidents of the immediate area for extended periods of time and the nonuse of available public transit alternatives to automobile travel by nonresidents which has resulted in neighborhood decline in affected areas because of traffic congestion, noise, air pollution, traffic hazards, and inability of residents to park their vehicles reasonably close to their residences.

10.44.020 Petition forms.

The Police Department shall provide petition forms for preferential parking zones upon the written request of any five (5) residents of or property owners within a proposed zone, one (1) of whom shall be designated in the request as the official representative of the zone advocates.

10.44.030 Establishment of a preferential parking zone.

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Attachment: Colton - Ordinance Updating Chapter 10.44 Preferential Parking (2.11.25)-c1 (4826 : Permit Parking Ordinance)

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A. Proceedings for establishment of a preferential parking zone may be initiated by petition containing the signatures of at least seventy five percent (75%) of the property owners of all units of occupancy fronting curbs proposed to be included in the zone. The petition shall include a description of the proposed zone boundaries, the proposed restriction, and the days and hours the restriction is proposed to be effective. The petition shall state that all signatories desire to have preferential parking restrictions imposed and that all signatories are willing to pay associated administrative costs necessary to establish such zone. Each signatory shall affix his or her signature, printed name, and address to the petition which petition shall be circulated by the zone advocates. Not more than sixty (60) days after the petition form is provided by the Police Department pursuant to section 10.44.020 of this Code, the signed and completed petition shall be submitted to the Police Department.

B. After a complete petition has been submitted to the Police Department, the Police Chief or designee shall, in consultation with City staff and petitioners as represented by their official representative, study the proposed parking zone and determine the reasonable availability of convenient parking spaces. City staff in every department shall assist in providing information and other assistance as required by the Police Chief, or his or her designee. Each written petition shall be reviewed by the City Traffic Safety Committee.

C. The Police Department shall set a place and time for a public discussion on the proposed zone. The Police Department shall mail notice of the hearing at least ten (10) days prior to the hearing to all property owners, residents, and other occupants within the proposed zone and within three hundred (300) feet of the boundaries of the proposed zone.

D. Following public discussion, the Police Department shall make a recommendation to the City Council regarding whether the preferential parking zone should be established.

Following receipt of the recommendation of the Police Department, the City Council shall, by resolution, determine whether the preferential parking zone shall be established. Said determination shall be based upon factors which may include but are not limited to, the following:
(1) High Demand: More than eighty (80) percent of the on-street spaces are occupied during the days and hours proposed for parking restriction; and

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Attachment: Colton - Ordinance Updating Chapter 10.44 Preferential Parking (2.11.25)-c1 (4826 : Permit Parking Ordinance)

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(2) Self Contained Area: The zone, alone or in combination with other existing or potential preferential parking zones, constitutes a self-contained area of parking demand and supply. For purposes of this section, “self-contained area” shall mean an area of sufficient size to allow for resident parking, using boundaries such as major streets, nonresidential land uses, transition to higher or lower density residential areas, water bodies and other natural features; and using surveys of existing conditions to determine the extent of the area impacted by nonresident parking.

E. Each preferential parking zone shall be identified by a letter or combination of letters which shall be the official designation of the zone.

10.44.040 Termination of a preferential parking zone.

The City Council may terminate a preferential parking zone upon receipt of a petition calling for termination which has been received and transmitted by the City Clerk, and which contains the signatures and corresponding printed name and address representing a majority (fifty percent (50%) plus one (1)) of the dwelling units in the zone. The City Council may also terminate a preferential parking zone, without submission of a petition requesting termination, by resolution setting forth the reasons for such termination which reasons may include, but are not limited to, changes in circumstances which led to the original establishment of the zone.

10.44.050 Permit issuance.

A. Parking permits for preferential parking zones shall be issued by the Police Department. No more than one (1) permit shall be issued for each vehicle for which application is made. Each permit issued shall show by code, color or both, the particular preferential parking zone for which it has been issued and resident permits shall include the license plate number of the motor vehicle for which it was issued.

B. Preferential parking permits for residents shall be issued only upon application of a legal resident of the established zone who is the registered owner or has exclusive use and control of the vehicle for which application is made. Proof of residency and ownership or exclusive use and control shall be demonstrated as determined by the Chief of Police, or his or her designee.

C. The number of preferential parking permits, if any, that may be issued pursuant to

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Attachment: Colton - Ordinance Updating Chapter 10.44 Preferential Parking (2.11.25)-c1 (4826 : Permit Parking Ordinance)

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this chapter shall be determined and calculated as follows:
(1) Residents: No more than two (2) permits for residents shall be issued to any one (1) residence. Permits issued to residents shall remain valid while the applicant continues to reside at the address set forth on the application and remains the owner of the vehicle for which the permit is issued.
(2) Visitors: Not more than one (1) visitor preferential parking permit shall be issued to any one (1) residence for the use of a visitor to the home of the applicant. Visitor permits shall remain valid while the applicant continues to reside at the address set forth on the application.

10.44.060 Permit fee.

Applications for issuance of initial permits or transfer permits when the holder of a permit in one zone moves to another zone and desires a permit for the new zone, or a replacement permit in the case of a lost or mutilated permit, shall be filed with the Police Department and shall be accompanied by the fee established by resolution of the City Council. Fees may be prorated for periods of less than one (1) year except that no refund shall be issued for cancellation of a permit unless the zone is terminated by City Council action. The Chief of Police, or his or her designee, shall not issue a replacement permit unless the Chief of Police, or his or her designee, has received satisfactory evidence that the permit being replaced has been lost or mutilated.

10.44.070 Permit display.

Preferential parking permits for residents shall be prominently displayed and firmly attached to the driver’s side rear window of the vehicle for which the permit was issued. Permits for visitors shall be prominently displayed either on the left side of the rear window of the vehicle or hanging from the interior rear-view mirror.

10.44.080 Permit revocation.

A. The Chief of Police, or his or her designee, is authorized to revoke the preferential parking permit of any person found to be in violation of any of the provisions of this chapter and, upon written notification, that person must surrender the permit to the Chief of Police or prove its destruction or disfigurement to the Chief of Police’s, or his or her designee’s, satisfaction.

B. Any person whose preferential parking permit has been revoked shall not be issued

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a new permit for one (1) calendar year following revocation and must submit a new application and pay the fee required for a new permit.

10.44.090 Notice of preferential parking zones.

The Public Works Director, or his or her designee, shall place and maintain, or cause to be placed and maintained, on each street or portion of street designated to be within a preferential parking zone, appropriate signs giving notice that vehicles must display preferential parking permits and any applicable time limits for parking of vehicles without permits.

10.44.100 Enforcement hours.

Preferential parking in the zones established by the City Council shall be in effect on those days and during those hours as shall be determined by the City Council when the zone is established.

10.44.110 Parking privileges of permit holders.

Any vehicle properly displaying a valid preferential parking permit issued for that vehicle may be parked on any street or portion of street within the zone for which the permit was issued without being limited by the time restrictions imposed pursuant to this chapter. Permit holders shall be subject to parking restrictions imposed pursuant to any other chapter of this Code or other state law provisions. Preferential parking permits shall not guarantee or reserve to the holder any specific on-street parking space.

10.44.120 Designation of zones.

The streets and/or portions of streets established as preferential parking zones for the purposes of this chapter shall be designated by resolution of the City Council.

10.44.130 Exemptions.

The following vehicles are exempt from the parking restrictions imposed pursuant to this chapter:

A. Vehicles in use for the construction or repair of any utility; B. Vehicles engaged in official government business;
C. Vehicles from which persons or goods are actively being loaded or unloaded; D. Vehicles engaged in construction, repairs, or similar services on property within

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the preferential parking zone; or
E. Emergency vehicles.

10.44.140 Violations.

A. No vehicle shall be parked or stopped adjacent to any curb in a preferential parking zone in violation of any posted restrictions during the time preferential parking is in effect, unless such vehicle shall have the permit prominently displayed in accordance with section

10.44.070 of this Code.

B. No person shall falsely represent that he or she is eligible for preferential parking permit(s) or furnish false information in an application for a permit.

C. No person shall park or leave standing in a preferential parking zone, any vehicle which displays a preferential parking permit issued for a different vehicle.

D. No person shall park or leave standing in a preferential parking zone any vehicle which displays a facsimile or counterfeit preferential parking permit.

E. No person whose preferential parking permit has been revoked shall refuse or fail to surrender the permit when requested to do so in writing by the Chief of Police.

F. No resident or visitor preferential parking permit issued pursuant to this chapter shall thereafter be assigned, transferred, sold or used for any consideration, monetary or otherwise.”
SECTION 3. CEQA. Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably f oreseeable indirect physical change in the environment) . The amendment of the Municipal Code to streamline the preferential parking program involves procedural and regulatory changes. These modifications do not involve any physical construction, alteration , or expansion of existing facilities or infrastructure. They do not change the physical characteristics of the environment by adding, removing, or modifying structures, parking lots, or street configurations. The proposed Ordinance does not alter the capacity or location of parking spaces; it merely refines the administrative process

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for permit issuance, enforcement, and zone management. Therefore, it will not result in direct or reasonably foreseeable indirect physical changes in the environment. Similarly, t his action is categorically exempt under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Pursuant to Section 15378 of the CEQA Guidelines, a “project” under CEQA is an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The proposed Ordinance does not authorize or facilitate any development or construction; it adjusts how parking is managed and prioritized among users within existing infrastructure. Thus, it does not constitute a “project” under CEQA because it does not approve or directly lead to any new construction or alteration of land use, it does not involve any commitment to future physical development or change in land use policy that could indirectly lead to environmental effects, and the changes to the parking regulations are administrative in na ture, focusing on improving efficiency, clarity, and fairness in the use of existing parking resources without altering the physical landscape or increasing demand for parking beyond what exists.

SECTION 4. Applicability to Existing Preferential Parking Z ones. This Ordinance will apply to the existing preferential parking zones established and described as follows:
 Louise Street Zone: The Louise Street Zone was established in 2005 and is located at the 800 and 900 blocks of Louise Street and the 1800 block of N. Alston Avenue.

A map indicating the Louise Street Zone is attached hereto as Exhibit “A.”  F Street Zone: The F Street Zone was established in 2015 and is located along the southerly segment of F Street from N. La Cadena Drive to 9 th Street. A map indicating the F Street Zone is attached hereto as Exhibit “B.”

///
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or

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application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. By enacting this Ordinance, the City ordains that nothing herein shall be deemed to conflict with or duplicate federal or state law, or otherwise or to license any activity that is prohibited thereunder except as mandated by such laws.

SECTION 6. Certification; Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) d ays after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days from and after its adoption.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the _____ day of ____________ 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

______________________________________
FRANK J. NAVARRO, MAYOR

ATTEST:

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________________________________________
STEPHANIE M. VARGAS, CHIEF DEPUTY CITY CLERK

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EXHIBIT “A”

MAP OF LOUISE STREET ZONE

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EXHIBIT “B”

MAP OF F STREET ZONE

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ORDINANCE NO. 0- 12- 05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, ADDING CHAPTER 10. 40 TO THE

COLTON MUNICIPAL CODE TO ESTABLISH A PREFERENTIAL

PARKING PROGRAM
WHEREAS, Vehicle Code Section 40507 authorizes the City of Colton (" City") to prohibit or restrict the stopping, parking or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; and WHEREAS, Vehicle Code Section 40507 further authorizes the City to designate certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which designation said residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution; and WHEREAS, Vehicle Code Section 40507 also authorizes the City to adopt provisions that are reasonable and necessary to ensure the effectiveness of such a preferential parking program; and
WHEREAS, the City wishes to enact this ordinance in order to establish a program under which preferential parking privileges are given to residents and merchants adjacent to certain streets for their use and the use of their guests.

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

SECTION 1: Chapter 10.40 of the Colton Municipal Code is hereby added to read as follows:

Chapter 10. 40
Preferential Parking Program
Sections:

10. 40. 010 Definitions.

10. 40. 020. Designation of Preferential Parking Districts.

10. 40. 030. Establishment of Preferential Parking Districts and Parking Zones.

10. 40. 040. Requested Hearing and Required Findings.

10. 40. 050. Appeals.

10. 40. 060. Identification Required.
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28 10. 40. 070. Violations.

10. 40. 080. Issuance of Permits.

10. 40. 090. Exemption of Certain Vehicles; Display.

10. 40. 100. Permit Fee.

10. 40. 110. Temporary Guest Parking Permits.

10. 40. 120. Termination of Permit Zones.

10. 40. 130. Penalties and Revocation of Preferential Parking Permits.

10. 40. 140. Permit - Exemption from Other Laws.

10. 40. 010. Definitions.

For purposes of this chapter, unless otherwise apparent from the context, certain words, terms and phrases used in this chapter are defined as follows:

A. Adjacent dwelling unit means a residential dwelling unit fronting upon or having direct access to a street within a current or proposed Preferential Parking District by means of a front door, entry way or driveway or any combination thereof.

B. Business location means any building or portion thereof actually used for the conductingof any lawfulbusiness, trade, occupationor any othernon-residentialactivityfronting uponor havingdirectaccessto a streetwithina currentor proposedPreferentialParkingDistrict by means of a front door, entry way or driveway or any combination thereof.

C. Merchant means an owner, or if non - owner occupied, an occupant of a business location in a proposed or current Preferential Parking District.

D. Guestmeansany personvisitinga residentin any establishedPermitZone, but shall not include any person attending events scheduled by any public or private educational institution, including, but not limited to, classes, workshops, seminars, and sporting events.

E. Preferential parking district means a district of certain streets or portions thereof, whichare designatedbythe CityCouncilas a PreferentialParkingDistrictinwhichPermitZones may be established.

F. Permit zone means any portion or portions of a street or other connecting public rights of way used for vehicle traffic, in which a permit or permits issued pursuant to this chapter shall exempt vehicles properly displaying such permits from certain prohibitions or restrictions established by this chapter and otherwise applicable to other vehicles.

G. Resident means a person who lives in an adjacent dwelling unit located in a proposed or current preferential parking district.

10. 40. 020. Designation of Preferential Parking Districts.

The City Council is empoweredto establish by resolutionor ordinance Preferential Parking Districts pursuant to this chapter.

In order to reduce the secondary impacts of the establishment of Preferential Parking Districts, the City Council may also expand the area of any established preferential parking district to encompass other adjacent streets surrounding a district.

10. 40. 030. Establishment of Preferential Parking Districts and Parking Zones. 2-

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28 A. A Preferential Parking District may be established in any area of the City in which the City Council determines that the public health, safety, and welfare so requires or calls for such establishment.

B. A Permit Zone may be established within any Preferential Parking District designated by the City Council. In order to commence consideration of a Permit Zone, residents or merchants in the proposed Permit Zone shall provide a written petition signed by residents or merchants, or a combination thereof, representing at least seventy five percent ( 75%) of adjacentdwellingunitsor businesslocations, or a combinationthereof, in the area proposedfor designation as a Permit Zone. Each dwelling unit shall be entitled to one vote and each business location shall be entitled to one vote. Petitions shall contain all of the following information:

1. Names, addresses, and telephone numbers of each resident or merchant representing each adjacent dwelling unit or business location, respectively;

2. The name and telephone number of a spokesperson who shall represent petitioners;

3. A statement that petitioners desire, agree, and request preferential parking privileges, that a shortage of reasonably available and convenient parking for adjacent residents or business owners, or both exists, and that currently posted time limits are causing a hardship to petitioners; and

4. The desired posted time limits, hours wherein a permit would be required to be displayed, or other restrictions desired by the petitioners.

C. After a complete petition has been submitted, the Police Chief or designee shall, in consultation with City staff and petitioners as represented by their spokesperson, study the
proposed Permit Zone and determine the reasonable availability of convenient parking space.

City staff in every department shall assist in providing information and other assistance as required by the Police Chief.

D. At leastthirty (30) dayspriorto the dateonwhichthe PoliceChiefor designeewill determine whether to grant or deny an application for a Permit Zone, the Police Department shall cause notice to be provided by either: ( 1) mailing by first class mail, postage prepaid, one written notification of the application for the Permit Zone to each adjacent dwelling unit and business locationand each propertywithin500 feet of the proposedor currentPermitZone as identified by the Countyassessor's roll or otherwiseknown to the Police Department; or ( 2) posting a noticeof said hearingin a conspicuousplaceat leastonceevery200 linearfeet on eachstreet proposed to be included within the proposed or current Permit Zone and publishing a notice of said hearing in a newspaper of general circulation for three consecutive days. Said notice shall indicate the proposed location of the Permit Zone and a date on which the Police Chief or designee will make a decision on the application. Failure of any person including any resident or merchantto actuallyreceivesuch noticeshall not invalidateany action taken pursuantto this chapter.

E. The Police Chief or designee may, in consultation with City staff, from time to time promulgate rules and regulations, consistent with the purpose and provisions of this chapter to facilitate implementation of this chapter, which rules and regulations may include, but need not be limited to, procedures for the application for and issuance and renewal of permits hereunder, and adjustment of parking limitations described under Section 10.40.070. 3-

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28 10. 40. 040. Requested Hearing and Required Findings.

A. If a written request therefor is presented to the Police Department at least fifteen 15) days prior to the date on which the Police Chief or designee determines whether to grant or deny an application, the Police Chief or designee shall conduct an informal public hearing at which evidence and testimony shall be admitted and findings required by Section 10.40.040(B) shall be made. Formal rules of evidence shall not apply to said hearing. At least ten ( 10) days prior to the hearing on the establishment of a Permit Zone, the Police Department shall cause notice to be provided by either: ( 1) mailing by first class United States a notice of said hearing to each adjacent dwelling unit and business location and each property within 500 feet of the proposed or current Permit Zone as identified by the County assessor' s roll or otherwise known to the Police Department; or ( 2) posting a notice of said hearing in a conspicuous place at least once every 200 linear feet on each street proposed to be included within the proposed or current PermitZone and publishinga noticeof said hearingin a newspaperof generalcirculationfor three consecutive days. Failure of any person including any resident or merchant to actually receive such notice shall not invalidate any action taken pursuant to this chapter. In establishing Permit Zones, the Police Department shall establish Permit Zone boundaries so as to not to unreasonably shift the unavailability of parking to adjacent streets or neighborhoods. No Permit Zone includinga stoppingor standingrestrictionor prohibitionshall be establishedwithoutthe prior concurrence of the Police Chief or designee.

B. No Permit Zone shall be formed unless both of the following exist:

1. At least seventy five percent ( 75%) of adjacent dwelling units or business locations, or a combination thereof, as calculated by Section 10.40. 030( B) in the area proposed for designation as a Permit Zone have signed a written petition requesting such designation; and

2. Either:
a) At least eighty percent ( 80%) of the on -street parking spaces on the streets proposed to be included are occupied by vehicles during the time requested in the application for restriction or any other given time; or b) The Police Chief or designee has determined that the parking, stopping or standing of vehicles or any activities accompanyingthe same cause a public nuisance to the residents or merchants within the proposed Permit Zone.

10. 40. 050. Appeals.

A. Any interestedpersonaggrievedbythe decisionto grantor denyestablishmentof a PermitZone, by the PoliceChiefor designee, mayappealsaiddecisionto the CityManagerby delivering written notice of such appeal, including a short and concise description for the basis for such appeal, to the City Manager's office, within fifteen ( 15) days of the hearing required by Section 10. 40. 040. The City Manager shall conduct a hearing at least three ( 3) days after providingwrittennoticethereofto the appellant, which hearingshall be held in accordancewith Section 10. 40. 040( A) and at which the City Managershall make findings based on Section

10. 40. 040( B). The City Manager shall uphold the decision denying or granting the establishment of Permit Zones unless there is no substantial evidence to support said decision. The City Manager shall provide a written decision to the appellant within five ( 5) days of said hearing by first- class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the partyseekingthe appeal, the PoliceDepartment, andanyotherapplicableCitydepartments. 9EIE

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28 B. Any interested person aggrieved by the City Manager's decision may appeal to the City Council, or other hearing body chosen by the City Council, within the time and manner provided in subdivision ( A). No appeal may be made to the City Manager, City Council, other hearing body chosen by the City Council, or in a court of law to the extent any issues therein were not properlyraisedbeforethe City Manager, and as applicable, the City Councilor other hearing body chosen by the City Council.

C. Judicial review of any decision of the City Council shall be had pursuant to Section 1094.5 of the Code of Civil Procedure, but only if the petition for writ of mandate is filed not later than the 90th day following the date on which the decision becomes final. The decision of the CityCouncilis final for purposesof Codeof CivilProceduresection1094.6 uponthe date it is mailed by first- class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the writ. Subdivision ( a) of Section 1013 of the Code of Civil Procedure does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed.

10. 40. 060. Identification Required.

After exhaustion of any administrative appeal( s) or judicial action, the Police Department shall designate established Permit Zones by placing and maintaining appropriate signs, curb markings or other such markings indicating applicable provisions, including, without limitation, that the parking of vehicles which do not display a permit issued for such Permit Zone is prohibited, the time limit for parking of vehicles without a permit, and the hours and days when such parking is prohibited.

10. 40. 070. Violations.

The PoliceDepartmentmayestablishPermitZoneswith parkinglimitations, includingthe following restrictions:

A. Time Limit. During the hours and on the days designated on such signs, it shall be unlawfulfor the operatorof anyvehicleto parksuchvehicleon anystreetin a PermitZonefor more than a certain number of hours or portions thereof unless there is properly displayed in such vehicle a valid permit issued for such Permit Zone or such vehicle is otherwise exempt.

B. Flat Prohibition. During the hours and on the days designated on such signs, it shall be unlawfulfor the operatorof any vehicleto park suchvehicleon any street in a Permit Zone unlessthere is properlydisplayedin such vehicle a valid permit issuedfor such Permit Zone or such vehicle is otherwise exempt.

On any twenty four hour period, successive acts of parking, stopping or standing within a distance of three hundred feet shall be deemed a single act of parking, stopping or standing withinthe meaningof this section, with the longestparkinglimitationapplicableto the portionof such street or part thereof lying between the two parking places so used being applicable.

Whenany streetor portionthereofis postedas providedin this chapterandthe signsor markingalsogive adequatenoticethat vehiclesparkedthereuponin violationof this chapterwill betowedaway, andsuchsignsor markingsareerectedor placeduponthe streetat leasttwenty four ( 24) hours prior to the removal, any duly authorizedpersonnelmay removeor causeto be removed any vehicle parked, stopped or left standing upon such streets so posted. 5-

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28 10. 40. 080. Issuance of Permits.

A. Residential Permits. Upon the submittal of a complete application and payment of a permit fee, the Police Chief or designee shall issue up to two ( 2) preferential parking permits and one guest parking permit to each resident per adjacent dwelling unit granting preferential parking privileges. The applicant shall provide the following information: name, address, telephone number, vehicle registration, and a utility bill or property tax bill evidencing place of residence. An application may be submitted by either the owner of the residential dwelling unit for which a permit is sought or the tenant of such residential dwelling unit, but in the case of applications submitted by tenants, the owner of the residential dwelling unit shall also be required to sign the application form, attesting to the fact that the tenant resides at the residential dwelling unit. Two ( 2) preferential parking permits and one guest parking permit per resident, per residential dwelling unit within any Permit Zone shall be issued.

B. Merchant Permits. Upon the submittal of a complete application and payment of a permit fee, the Police Chief or designee shall issue up to two ( 2) preferential parking permits to each business location granting preferential parking privileges. In addition, the Police Chief or designeeshall issue one guest parkingpermitfor each employeeor contractorprovedto be working at such business location. The applicant shall provide the following information: name, address, telephone number, vehicle registration, and a business license, utility bill or property tax bill evidencing place of business location, and evidence of current employment at the business location for employees. Two ( 2) preferential parking permits per business location shall be granted within any Permit Zone.

C. Any permitissuedpursuantto this chaptershallneitherguaranteenor reserveto the holder thereof any particular on -street parking space.

D. The Police Chief or designee may issue a replacement of any permit if the Police Chiefor designeehas receivedsatisfactoryevidencethat the originalpermitbeingreplacedhas been lost or mutilated.

10. 40. 090. Exemption of Certain Vehicles; Display.

A. No person shall, without a valid permit, park, stop or leave standing any vehicle or trailer in a Permit Zone in excess of the parking restrictions authorized pursuant to this title and posted therein, except for otherwise lawfully located repair, service, maintenance, refuse, utility, fuel, commercial, delivery, City vehicles conducting business or emergencyvehicles doing business in the Permit Zone or new vehicles for which the Department of Motor Vehicles has not issued license plates.

B. No preferential parking permit shall be valid if not permanently affixed to the rear, driver side window of a vehicle so as to be readily visible to a person approaching the vehicle from the rear thereof or on the rear left side of any vehicle without a rear window so as to be readilyvisible to a personapproachingthe vehiclefrom the rear thereof. No guest parking, temporaryguestparkingor specialtemporaryguestparkingpermitshallbedeemedvalidif not placed on the rear view mirror of a vehicle or otherwise displayed face -up on the dashboard of vehicles without rear view mirrors so as to be readily visible to a person approaching the vehicle from the front thereof.

10. 40. 100. Permit Fee.

Now

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28 Prior to issuance of any permit, the applicant shall pay a fee, which fee shall cover the cost of administering the preferential parking program. Such fees shall be in amounts established by resolution of the City Council, after a review and recommendation by the Police Department to the City Council. The schedule for such fees shall remain on file in the offices of the City Clerk.

10. 40. 110. Temporary Guest Parking Permits.

A. The Police Chief or designee may, upon request of a resident or merchant possessing preferential parking permits, approve and issue temporary guest parking permits whenever more than two guest parking permits are required for special events. Residents or merchants seeking temporary guest parking permits must contact the Police Chief or designee at least two business days prior to the special event. In issuing temporary guest parking permits, the Police Chief or designee shall ensure that the public health, safety, welfare, and parking needs of adjacent dwelling units are not adversely affected.

B. The Police Chief or designee shall also have the sole discretion to issue additional special temporary guest parking permits to residents or merchants for use by needed health care providers. A resident or merchant requesting such permit shall submit a verified statement under penalty of perjury to the Police Chief or designee indicating the medical necessity of such special temporary guest parking permit( s) and the approximate period of time for which the permit( s) would be needed. Other supporting materials may be requested to substantiate the need for special temporary guest parking permits.

C. In addition to the remedies provided herein, any permit may be revoked by the Police Chief or designee upon a five-day written notice sent by United States first class mail, postage prepaid, where it is determined that the permittee, guest or both, have violated any requirement established herein by this chapter.

10. 40. 120. Termination of Permit Zones.

A. The CityCouncilis empoweredto terminateor altera PreferentialParkingDistrict by resolution upon finding that the public health, safety, and welfare requires or calls for such termination or alteration.

B. The Police Department, in consultation with other City departments, may terminate or alter a Permit Zone or the parking regulations thereof upon finding that the public health, safety, and welfare requires or calls for such termination or alteration.

C. Residents or merchants, or a combination thereof may also request termination or alteration of a Permit Zone by submitting a petition containing signatures of residents or merchants, or any combinationthereof representingat leastseventyfive percent ( 75%) of the
adjacent dwelling units or business locations, or combination thereof as calculated pursuant to Section 10. 40. 030( B), the reason for requesting termination or alteration, the name, address, and telephone number of each person representing each dwelling unit or business location; and the name and telephone number of a spokesperson who shall represent petitioners.

Proceedings to terminate or amend the area of any established Permit Zone shall otherwise comply with the notice and, as applicable, hearing, findings, and appeal requirements of this chapter; provided however, that the findings required to be made shall be limited to a finding of whether or not circumstances have changed such that the public health, welfare, and safety no longer require the Permit Zone in its current form.
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10. 40. 130. Penalties and Revocation of Preferential Parking Permits.

Each of the following violations shall constitute an unlawful act:

A. Parking on a street designated within a Permit Zone in violation of the identified restrictions thereon without properly displaying a valid permit for that portion of the Permit Zone.

B. Copying, producing, creating or displaying a facsimile or a counterfeit preferential parking permit.

C. Falselyrepresentingone's selfas eligiblefor a parkingpermitor willfullyfurnishing false information in an application therefor.

D. Using a revoked permit.

E. Using any permit by a non -eligible vehicle or person.

F. Selling, renting, leasing, or transferring to another any permit.

10. 40. 140. Permit - Exemption from Other Laws.

Any permit issuedpursuantto this chaptershall not exemptthe vehiclefrom any other parking restrictions, regulations or laws."
SECTION 2: Exemption from California Environmental Quality Act. The City Council herebydeterminesthatthis Ordinanceis exemptfrom reviewunderthe CaliforniaEnvironmental Quality Act ( CEQA) ( California Public Resources Code Section 21000 et seq.), because pursuant to State CEQA Regulation 15061, subdivision ( b)( 3) ( Cal. Code Regs., § 15061( b)( 3).), this Ordinanceis coveredby the generalrule that CEQAappliesonly to projectsthat havethe potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibilitythat the activity in question may have a significanteffect on the environment, then the activity is not subject to CEQA. The adoption of this ordinance will not have a physical effect on the environment and is therefore, exempt from the provisions of CEQA.

The City Councilherebydirectsthe City Manageror designeeto prepareand file a Noticeof Exemption as soon as possible following adoption of this Ordinance.

SECTION 3: The provisions of this ordinance are severable and the invalidity of any section, paragraph, phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance.

SECTION 4: This Ordinance shall become effective thirty ( 30) days after its adoption in accordance with the provisions of California law.

W

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SECTION 5: The City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within fifteen ( 15) days after adoption in a newspaper of general circulation, printed and published in Colton, California.

PASSED, APPROVED, AND ADOPTED, this 2nd day of August, 2005.

ATTEST:

CAROLINA P. BARRERA, CMC
City Clerk
V F ! Aol 44WIM, 9 XUWAR

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF COLTON )
I, Carolina P. Barrera, City Clerk of the City of Colton, California, do hereby certify under penalty of perjury that the foregoing is a full, true and correct copy of Ordinance No. 0- 12- 05, and was duly passed, approved, and adopted by the City Council of the City of Colton at its Regular Meeting on the
2nd
day of August, 2005, by the following vote to wit:

AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
Dated:

CAROLINA P. BARRERA, CMC
City Clerk
City of Colton, California
SEAL)
Hernandez, Chastain, Ramos, Suchil,
Mitchell, and Mayor Bennett
None
None
DeLaRosa

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ITEM NO. 2

STAFF REPORT

DATE: MARCH 4, 2025
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 FEBRUARY 04, 2025, ON FILE IN THE OFFICE OF THE CITY CLERK.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on February 04, 2025.

BACKGROUND

Minutes for the City Council Regular Meeting held on February 04, 2025.

FISCAL IMPACTS

None

ATTACHMENT

1. 02-04-2025 - Draft Minutes
2 Packet Pg. 34
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 Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Isaac T. Suchil

REGULAR MEETING MINUTES

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, FEBRUARY 4, 2025 – 5:00 P.M.

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

CLOSED SESSION CALLED TO ORDER – By Mayor Frank J. Navarro Roll Call was called with all Council Members present except for CM Chastain.

CM Chastain later joined closed session at 5:05.

PUBLIC COMMENT – Closed Session closed By Mayor Frank J. Navarro as no comment cards were submitted.

City Attorney Campos announced the City Council would meet in Closed Session to discuss Items A, B & C.

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case

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2 B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager Employee Groups:

Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Electric Division International Brotherhood of Electric Workers, Local 47- Water/Wastewater Division Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title - City Attorney

Mayor Navarro a djourned the meeting to Closed Session at 5:01 p.m. and the meeting reconvened with all members being present.

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION
City Attorney Campos announced that the City Council met in Closed Session and discussed Items A, B & C - direction was given, but there was no reportable action.

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER – By Mayor Frank J. Navarro at 6: p.m.

The evening’s invocation was by Pastor Tasaka and our flag salute was conducted by Tom Leon from our local VFW Post 6487.

CITY COUNCIL ROLL CALL- was called with all Council Members present.

CEREMONIAL MATTERS - Presentations, Awards & Proclamations

Presented - Supervisor from the 5 th District Joe Baca Jr. presented a check in the amount of $356,414 to Colton Police Chief Anthony Vega for equipment.

Recognition - CYSO President Cup Champions
MPT David J. Toro presented city certificates of recognition to the following:

CYSO U12 President Cup Champions
Freddy Albidrez – Head Coach
Richard Cuellar – Assistant Coach

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3 Alias Cuellar, Gino Jeffers, Jadel J. Hernandez & Jayden Resendez-Toro (Captains) Andrew Romo, Joshua Rojas, Donovan Flores, Jonathan Lopez, Diego Guadalupe Arroyo Emilio Alonso, Giovanni Albidrez, Gustavo Camacho Medina & Jayden Arreola

Recognition – Chief Vega presented the following Police Department Promotions:

Captain Castillo, promoted on 11/23/24, he has 19 years with our department Lieutenant Wilson, promoted on 11/23/24, he has 22 years with our department Sergeant Jaeger, promoted on 11/23/24, he has 20 years with our department Corporal Muro, promoted on 01/04/25, he has 7 years with our department

Proclamations – Mayor Frank J Navarro presented a City Proclamation to our Water Division for 130 years of service to our City with Mr. Bassam Alzammar Water / WasteWater Manager accepting.

CM Chastain presented a City Proclamation to our Electric Division for 130 years of service to our City with Energy Services Specialist Adrianne Rogers & Electric Director Charles Berry accepting.

MAYOR AND COUNCIL ITEMS

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

PUBLIC HEARINGS - No Public Hearing items

BUSINESS ITEMS - No Business item

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4 PUBLIC COMMEN

The following members of the public submitted Public Comment cards:

Ulysses Nera, Field Representative for Assembly Member Robert Garcia Tom Serrato, Small business owner in Colton
Gen Valdez, Small business owner in Colton
Nick Zupkofska, Resident of Colton

CONSENT CALENDAR

Motion made by CM Gonzalez and a second by CM Chastain to Approve the Consent Calendar with a vote of unanimous consent to pass by all members.

Council Comments on the consent calendar made by Council Members and Mayor can be viewed on our Colton City Web Site.

(1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on January 21, 2025, on File in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(2) Warrants - Approve voucher numbers 216699 to 216777 dated 12/26/2024 and totaling $99,117.40; voucher numbers 216778 to 216867 dated 01/02/2025 and totaling $498,618.87 and voucher numbers 216868 to 216974 dated 01/09/2025 and totaling $764,690.69.
[Staff Person: Stacey Dabbs]
(3) Agreement - Elite Maintenance and Tree Service - Approve a Maintenance Service Agreement with Elite Maintenance and Tree Service to Provide Landscape Maintenance for Water and Wastewater Facilities. [Staff Person: Robert DeLoach]
(4) Conclude Emergency Condition - Aqua Mansa Power Plant - Conclude Ongoing Emergency Condition at Aqua Mansa Power Plant.
[Staff Person: Charles Berry]
(5) Contract Amendment - ERSC - Approve First (1st) Amendment to Professional Services Agreement (PSA) for Engineering Services with Engineering Resources of Southern California, Inc. (ERSC) for Fiscal Year (FY) 24/25. [Staff Person: Robert DeLoach]
(6) Contract Amendment - Willdan Engineering - Approve Fourth Contract Amendment with Willdan Engineering for Building and Safety Support Services.
[Staff Person: Heidi Duron]
(7) Purchase - Axon Enterprise Inc. - Approve Resolution to Accept Award from the County of San Bernardino, and Purchase Police In-Car Camera System from Axon Enterprise Inc., RESOLUTION NO. R-04-25. [Staff Person: Anthony Vega]
(8) Second Reading of Ordinance No. O-01-25 - Approve Second Reading of an Ordinance of the City of Colton Amending Title 18, Section 18.48.150 Of The Colton Municipal Code Relating To Accessory Dwelling Units And Junior Accessory Dwelling Units And Determining The Adoption Of The Ordinance To Be Statutorily

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5 Exempt From CEQA Under Public Resources Code § 21080.17 (File Index No. Dap24-0049), ORDINANCE NO.

O-01-25.
[Staff Person: Stephanie M. Vargas]

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community can be viewed on our Colton City Web Site.

CITY MANAGER'S REPORTS
City Manager William R. Smith made a brief comment on item #4 thanking staff.

ADJOURNMENT
TIME: 7:07 In Memory of: Mary Lou Navarro (Who passed on January 22nd, 2025)

__________________________
Isaac T. Suchil
Colton City Clerk

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ITEM NO. 3

STAFF REPORT

DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 01/06/2025 AND
TOTALING $65,337.75; VOUCHER NUMBERS 217202 TO 217281
DATED 01/29/2025 AND TOTALING $100,034.20; VOUCHER
NUMBERS 217282 TO 217387 DATED 01/30/2025 AND TOTALING
$964,833.41; REPLACEMENT CHECK #217388 FOR $1,058.39;
VOUCHER NUMBERS 217389 TO 217505 DATED 02/06/2025 AND
TOTALING $478,727.11.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 01/06/2025 and totaling $65,337.75; voucher numbers 217202 to 217281 dated 01/29/2025 and totaling $100,034.20; voucher numbers 217282 to 217387 dated 01/30/2025 and totaling $964,833.41; replacement check #217388 for $1,058.39; voucher numbers 217389 to 217505 dated 02/06/2025 and totaling $478,727.11.

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 Finance Director and City Manager.

FISCAL IMPACTS

3 Packet Pg. 40
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
March 4, 2025

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists
3 Packet Pg. 41
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. 4

STAFF REPORT

DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE THE ANNUAL DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR ENDING JUNE 30, 2024.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the Annual Development Impact Fee Report for Fiscal Year Ending June 30, 2024.

BACKGROUND

In 1987, the California Legislature passe d Assembly Bill 1600 (AB 1600), also known as the Mitigation Fee Act (Government Code, Sections 66000 et seq.) that governs the establishment and administration of development impact fees. A development impact fee is a monetary exaction other than a tax o r special assessment that is charged by a local agency to new development for the purposes of defraying costs of public facilities needed as a result of impacts created by the new development.

California Government Code, Section 66006 (b) (1) requires a local agency within 180 days after the last day of each fiscal year, to make available to the public the following information for the fiscal year:

1. A brief description of the type of fee in the account or fund

2. The amount of the fee

3. The beginning and ending balance of the account or fund

4. The amount of the fees collected, and interest earned

5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees. 4 Packet Pg. 122
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6. Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement.

7. A description of each inter -fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended.

8. The amount of any refunds or alloc ations made pursuant to Section 66001, paragraphs (e) and (f).

Government Code 66001(d) (1) states the following requirements as pertains to Development Impact Fees:

For the fifth fiscal year following the first deposit into the account or fund, and ever y five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee is to be put

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements

4. Designate the approximate dates on which the funding referred to in s ubparagraph C is expected to be deposited in the appropriate account or fund

ISSUES/ANALYSIS

A summary of the City’s impact fees and their fund balances for Fiscal Year Ending June 30, 2024 are listed below:

Fund 248- Park Facilities $ 4,298,465
Fund 249- Traffic Facilities $10,965,955
Fund 250- Library Facilities $ 541,241
Fund 251- Civic Center Facilities $ 150,459
Fund 252-Fire Facilities $ 375,485
Fund 253-Police Facilities $ 485,697
Fund 521-Water Facilities $45,453,034
Fund 522-Wastewater Facilities $36,979,481

FISCAL IMPACTS

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There is no impact on City resources from this annual report, and this report meets the compliance requirements of the Mitigation Fee Act.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Colton Annual DIF Report FY 2024
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Annual Development Impact Fee Report
Fiscal Year Ended June 30, 2024

December 30, 2024

Prepared by:

NBS
for the

CITY OF COLTON

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Attachment: Colton Annual DIF Report FY 2024 (4808 : Annual DIF Report) City of Colton
City Officials
Frank J. Navarro, Mayor
David J. Toro, Council Member, District 1
Kelly J. Chastain, Council Member, District 2
Dr. Luis S. Gonzalez, Council Member, District 3
John R. Echevarria, Council Member, District 4
Officers
Isaac T. Suchil, City Clerk
Administrative Team
William R. Smith, City Manager
Carlos L. Campos, City Attorney
Stacey Dabbs, Finance Director
Robert DeLoach, Interim Public Works & Utilities Director Eva Elias, Public Works, Water/Wastewater Admin Manager

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TABLE OF CONTENTS

Development Impact Fee Report ...................................................................................................................................................... 1

1.1 Annual Report Requirements ................................................................................. 1

1.2 Five-Year Report ...................................................................................................... 2 Current Impact Fees ......................................................................................................................................................................... 4

2.1 Types of Impact Fees and Impact Fee Funds .......................................................... 4 Financial Summary Report................................................................................................................................................................ 6 Public Improvements ....................................................................................................................................................................... 7 Interfund Loans ................................................................................................................................................................................ 8 Refunds ........................................................................................................................................................................................... 9 ATTACHMENT – CURRENT IMPACT FEE SCHEDULE ................................................................................................................................. 10

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DEVELOPMENT IMPACT FEE REPORT
The California Mitigation Fee Act (Government Code Sections 66000 et seq.) mandates procedures for administration of impact fee programs, including collection and accounting, reporting, and refunds. Regarding reporting requirements, the Mitigation Fee Act requires annual reporting on each impact fee fund, as well as a separate five-year reporting process. This report meets the requirements described in 1.1 Annual Report, below. A combined Annual and Five-Year Report will next be provided in 2028.

1.1 Annual Report Requirements
Section 66006 (b) (1) requires that once each year, within 180 days of the close of the fiscal year, the local agency must make available to the public the following information for each separate account established to receive impact fee revenues:

1. A brief description of the type of fee in the account or fund; (report section 2)

2. The amount of the fee; (report section 2 and attachment)

3. The beginning and ending balance of the account or fund; (report section 3)

4. The amount of the fees collected, and interest earned; (report section 3)

5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees; (report section 4)

6. Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement; An identification of each public improvement identified in a previous report and whether construction began on the approximate date noted in the previous report. For a project identified for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction. (report section 4)

7. A description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended; (report section 5)

8. The amount of any refunds or allocations made pursuant to Section 66001, paragraphs (e) and (f). (report section 6) The annual report must be reviewed by the City Council at its next regularly scheduled public meeting, but not less than 15 d ays after the statements are made public, per Section 66006 (b) (2).

Section 66013(d) has similar requirements for utility capacity charges in that, within 180 days after the close of each fiscal year, the local agency must make available to the public the following information:

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1. A description of the charges deposited in the fund; (report section 2)

2. The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund; (report section 3)

3. The amount of charges collected in that fiscal year; (report section 3)

4. An identification of:
a. Each public improvement on which charges were expended and the amount of expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used; (report section 4) b. Each public improvement on which charges were expended that was completed during that fiscal year; (see report section 4) c. Each public improvement that is anticipated to be undertaken in the following fiscal year; (report section 4)

5. A description of each interfund transfer or loan made from the capital facilities fund, including the public improvement on which the transferred or loaned charges are or will be expended and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the fund will receive on the loan. (see report section 5)

1.2 Five-Year Report
Prior to 1996, The Mitigation Fee Act required that a local agency collecting impact fees was required to expend or commit impact fee revenue within five years or make findings to justify a continued need for the money, otherwise those funds had to be refunded. SB 1693, adopted in 1996 as an amendment to the Mitigation Fee Act, changed that requirement in material ways.

Now, Section 66001 (d) requires that, for the fifth fiscal year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006 (b), and every five years thereafter, the local agency shall make all of the following findings for any fee revenue that remains unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee will be put;

2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged;

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;

4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

Those findings are to be made in conjunction with the annual reports discussed above. If such findings are not made as required by Section 66001, the local agency could be required to refund the moneys in the account or fund, per Section 66001 (d).

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Once the agency determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced (Section 66001 (e)). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).

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CURRENT IMPACT FEES
Development impact fees (DIFs) in the City of Colton are one-time charges levied on new development in Colton to fund various infrastructure, facilities, vehicles, and equipment. The City’s DIF program was most recently updated by City Council’s ratification of Ordinance O-02-20. The fee amounts included in the Ordinance are substantiated by the Development Impact Fee Justification Study for the City of Colton, Report Date: January 21, 2020 (DIF Study). The Attachment to this report provides a copy of Colton’s current DIF Fee Schedule.

2.1 Types of Impact Fees and Impact Fee Funds
The fees documented in the body of this Annual Development Impact Fee Report (Report) include the following fees listed below. The revenue and expenditures for each fee type are tracked by the City in separate funds.

Table 1. Impact Fees and Impact Fee Funds
Fund No. Fund/Fee Name Purpose and Use of the Fee
248 Park Development Fund
The Park Development Fund tracks revenues and expenditures associated with Park Development (Facilities) Fees and Quimby In-Lieu Fees. Quimby In-Lieu fees are regulated by Government Code Section 66477, not the Mitigation Fee Act. This Annual Report intends to comply specifically with the Mitigation Fee Act’s reporting requirements. Therefore, the description of the purpose and use of fees for this fund is limited to the Park Development (Facilities) Fees. These fees are collected and spent on the construction of new parks, recreational facilities, and trails needed to serve new development. The fees are intended to meet demand for park facilities caused by new development through the year 2035.
249 Traffic Impact Fund
Traffic Facilities Fees are collected and spent on the construction of new roadways, interchanges, intersections, traffic signals, bridge construction and related improvements in the City, as specifically identified in the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. The fees are intended to meet the transportation demand for new development through the year 2035. 250 New/Library Facilities
Library Facilities Fees are collected and spent on the expansion and remodeling of existing library facilities, acquisition of books, equipment, and materials for these facilities, specifically identified in the City’s Needs List.

This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development.

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Fund No. Fund/Fee Name Purpose and Use of the Fee
251 Civic Center
Civic Center Facilities Fees are collected and spent on the acquisition of land, construction of new public buildings, and expansion of existing City facilities to accommodate new development growth. Facilities are identified on the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. 252 Fire Department Facilities
Fire Department Facilities Fees are collected and spent on the construction of new Fire Department facilities, a fire training facility, dorm and apparatus bay, a fire training tower and vehicle and equipment acquisition and replacement, specifically identified on the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. 253 Police Department
Facilities
Police Department Facilities Fees are collected and spent on the construction, expansion and build-out of Police department facilities as well as vehicle and equipment replacement, specifically identified on the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development.
521 Water
The City charges a combined Waste/Water Facilities Fee, collected and spent for additional water and wastewater facilities identified as needed to serve new development. Among facilities needed are new wells, treatment plants, booster stations, lift stations, pipes, reservoirs, station rehabs and others. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. Facility needs, costs, and calculated fee amounts for water separate from wastewater are substantiated by the DIF Study, even though the City has adopted a combined Waste/Water Facilities Fee. Revenue is tracked to a specific revenue account within the respective utility funds for Water and Wastewater.
522 Wastewater

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FINANCIAL SUMMARY REPORT
The following financial summary provides an annual statement of revenue, and changes in fund balance for each impact fee fund, for the Fiscal Year End June 30, 2024. Figures shown in the table below are unaudited as of the date of this report.

Table 2. Financial Summary Fiscal Year 2024

Fund No. 248 249 250 251 252 253 521 522
Description
Park Facilities
Fee Fund2
Traffic Facilities
Fee Fund
New/ Library
Facilities Fee
Fund
Civic Center
Facilities Fee
Fund
Fire Facilities
Fee Fund
Police
Facilities Fee
Fund
Water
Facilities
Fees3
Wastewater
Facilities
Fees3

REVENUES
Fees 261,390 975,323 112,355 10,542 15,739 20,497 109,038 276,401 Interest 222,393 591,995 26,589 7,902 19,927 25,776 - - Other Revenue 134,447 118,804 - - - - - - Total Revenues 618,230 1,686,121 138,945 18,444 35,665 46,274 109,038 276,401 Fund Balance, Beginning of the Year1 3,680,235 9,775,118 402,297 132,017 339,820 439,424 43,154,963 38,172,037 Fund Balance, End of the Year 4,298,465 10,965,955 541,241 150,459 375,485 485,697 45,453,034 36,979,481 1 Beginning & Ending Fund Balance matches financial reports provided by the City's Finance Department 2 "Other Revenue" for Fund 248 is Quimby Fees; Fund Balance includes both Quimby and DIF sources and uses 3 Beginning & Ending Fund Balance reflects balance of entire utility fund, not specific to capacity fee revenues and expenses

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PUBLIC IMPROVEMENTS
This section of the Annual Report identifies each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees.

Table 3. Public Improvements Fiscal Year 2024

The projects listed above represent active uses of impact fee funds to complete current capital improvement projects.

Government Code Section 66006 (b)(1)(F)(i) also requires Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement.

The City has identified public improvement projects that have sufficient impact fee funds available to complete, including approximate dates (fiscal year) of construction in the City’s 2024/25 Capital Improvement Plan as adopted by City Council. Other than projects shown above or in the CIP, the City has not determined that sufficient funds have been collected to complete financing of any other incomplete public improvements.

Government Section 66013(d) requirements for water and wastewater capacity charges are to identify each public improvement that is anticipated to be undertaken in the following fiscal year. The City has not identified any Water or Wastewater improvements scheduled for capacity fee funding in Fiscal Year 2024-25.

Fund CIP # Fund Name Project Name Project
Start FY
Project
Finish FY
Project
Phase
Total Facility
Cost
Total Impact Fee
Funded Amount
% Impact Fee
Funded
Total Prior Year
Impact Fee
Expenditures
FY 2024 Impact
Fee
Expenditures
Impact Fee
Funding
Remaining
249 1606 Traffic Street Improvement at Census Tract 66-BI 2018 2020 Completed 1,200,000$ 200,000$ 16.7% 174,166$ 25,834$ -$ 249 1803 Traffic Barton Bridge Replacement Project 2019 2027 Active 611,132$ 164,064$ 26.8% 28,669$ 4,796$ 130,598$ 249 1816 Traffic Agua Mansa Road Widening including Bridge Widening at Rialto Channel 2022 2025 Active 1,379,976$ 232,530$ 16.9% 148,310$ 99,269$ (15,049)$ 249 2140 Traffic La Cadena Drive Sidewalk Improvement 2023 2024 Completed 326,600$ 184,493$ 56.5% 16,539$ 184,448$ (16,494)$ 249 2226 Traffic Traffic Signal-Meridian/San Bernardino/Olive 2022 2026 Active 400,000$ 362,834$ 90.7% 37,166$ 31,829$ 293,839$ 249 2238 Traffic Washington St Class II Bicycle Route 2022 2025 Active 248,000$ 170,907$ 68.9% 11,591$ 8,604$ 150,712$ 249 2315 Traffic Traffic Signal 7th&Valley 2023 2026 Active 400,000$ 387,070$ 96.8% 12,930$ 13,774$ 360,366$ 249 2316 Traffic Traffic Signal Upgrade La Cadena/Bordwell/Laurel 2023 2026 Active 300,000$ 287,105$ 95.7% 12,895$ 14,266$ 259,944$ 249 2347 Traffic West Colton Class I Bike Trail Project 2019 2027 Active 2,820,000$ 260,006$ 9.2% 5,174$ 15,866$ 238,966$ 249 2423 Traffic Traffic Signal Cooley at Old Ranch Rd 2023 2026 Active 400,000$ 400,000$ 100.0% -$ 1,914$ 398,086$ 249 2463 Traffic Crosswalk Improvement Project 2024 2026 Active 203,400$ 20,340$ 10.0% -$ 2,063$ 18,277$ 249 2466 Traffic Bike Lane SO La Cadena Dr 2024 2026 Active 320,000$ 112,000$ 35.0% -$ 8,237$ 103,763$ 249 N/A Traffic Non Dept. CIP Transfer to fund 450; Misc Expenses 2023 on-going Active n/a 622,006$ n/a 9,111$ 23,160$ 589,736$ 521 Water New Mainline - F Street 2023 2024 Completed 787,872$ 200,000$ 25.4% 200,000$ -$ -$ 7,082,508$ 3,018,862$ 265,846$ 223,779$ 2,529,237$ DIF Fees
TOTAL

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INTERFUND LOANS
The Mitigation Fee Act requires a description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended. The following table provides the status of an existing loan made from impact fee funds in 2013.

Table 4. Interfund Loan Status

Date of Loan Maturity Date Purpose of Loan Original
Advance Lender Borrower Balance Due
06/30/24
Interest
Rate
102,809$ 248 - Park Development Fee 102,888$ 2.0% 56,177$ 249 - Traffic Impact Fee 56,220$ 2.0% 3,629$ 250 - New Facilities Fee 3,632$ 2.0% 1,273$ 251 - Civic Center Fee 1,274$ 2.0% 1,767$ 252 - Fire Facility Fee 1,768$ 2.0% 2,489$ 253 - Police Facility Fee 2,491$ 2.0% 7,900$ 521 - Water Enterprise 7,906$ 2.0% Eagle Colton 55, LP /
Colton Housing Authority
Fund 898
Acquisition and
redevelopment of a 120-unit
multifamily affordable senior
citizen rental housng
development
3/1/2013 3/1/2068

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REFUNDS
The refunding requirements for the Mitigation Fee Act are summarized as follows:

Refunds under the Mitigation Fee Act If the City determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced (Government Code Section 66001 (e)). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).

As discussed in Section 4 of this report, determinations regarding sufficient funds collected to complete incomplete improvements are provided by the City’s annual Capital Improvement Plan. The City has not made a determination that sufficient funds have been collected to complete financing of any other incomplete public improvements. No refunds of impact fee monies were made or required.

Disclaimer: In preparing this report and any analysis and findings included herein, NBS has relied on several principal assum ptions and considerations regarding financial matters, conditions and events that occurred or may occur in the future. This information and assumptions, including the City’s budgets, financial reports, capital project data, and other information were provided by sources we believe to be reliable; however, NBS has not independently verified such information and assumptions. While we believe NBS’ use of such inf ormation and assumptions is reasonable for the purpose of this report, some assumptions will invariably not materialize as stated herein and may vary due to unanticipated events and circumstan ces.

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ATTACHMENT – CURRENT IMPACT FEE SCHEDULE

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ITEM NO. 5

STAFF REPORT

DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE AND ADOPT A SECOND AMENDMENT TO

AGREEMENT REGARDING TRANSFER OF EMERGENCY WATER,
RESOLUTION R-07-25.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve Resolution R -07-25 of the City Council of the City of Colton to approve the Second Amendment to the Agreement R egarding the Transfer of Emergency Water and to Addendum to Agreement Regarding the Transfer of Emergency Water by and between the City of Colton and Terrace Water Company.

2. Authorize the City Manager to execute the Agreement.

BACKGROUND

On December 19, 2013, the City of Colton (“City”) and Terrace Water Company (“TWC”) entered into an Agreement Regarding the Transfer of Emergency Water, whereby City agreed to provide water to TWC in the event of an emergency, at a price equal to $1.85 per centum cubic feet (“CCF”) of water, plus a $525 fixed service charge for its 8” connection to the City any month during which TWC uses emergency water.

The parties augmented the emergency water agreement by entering into an Addendum to Agreement Regarding the Transfer o f Emergency Water regarding the transfer of emergency water, dated June 4, 2019, whereby Colton agreed to provide TWC non -emergency water following TWC’s loss of production from its Well No. 2 at a price equal to $260 per acre-foot.

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Contract Amendment - Terrace Water Company
March 4, 2025

In June 2021, the part ies agreed to the First Amendment to the Agreement Regarding the Transfer of Emergency Water and to Addendum to Agreement Regarding the Transfer of Emergency Water to revise the rates to align with the City’s water rates at the time. The City agreed to provide water to TWC at a price equal to $1.69 per CCF of water for the first 18 CCF of water and $2.47 per CCF for any additional delivered water.

On July 16, 2024, the City adopted increased water service rates which took effect on January 1, 2025. These rates are provided below:

ISSUES/ANALYSIS

Given the new rates, the City and TWC agreed to revise the rates articulated in the Second Amendment to the Agreement Regarding the Transfer of Emergency Water and to Addendum to Agreement Regarding the Transfer of Emergency Water (“Agreement”). The new rates in the Agreement intend to align the TWC rates with the City’s new rates.

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Contract Amendment - Terrace Water Company
March 4, 2025

Specifically, the Agreement changes the monthly service fee from five hundred and twenty -five dollars ($525) to one thousand six hundred and one dollars and fifteen cents ($1,601.15) through June 30, 2025. Thereafter, the service fees will be:

 July 1, 2025- June 30, 2026: $1,761.27
 July 1, 2026- June 30, 2027: $1,937.39
 July 1, 2027- June 30, 2028: $2,053.64
 July 1, 2028- June 30, 2029: $2,176.68

Additionally, the Agreement changes the price at which Colton shall provide water to TWC from one dollar and sixty -nine cents ($1.69) per CCF of water for the first 18 CCF of water and two dollars and forty -seven cents ($2.47) p er CCF for any additional delivered water to two dollars and thirty-nine cents ($2.39) per CCF delivered to TWC through June 30, 2025. Thereafter, the rate per CCF will be:

 July 1, 2025- June 30, 2026: $2.63
 July 1, 2026- June 30, 2027: $2.89
 July 1, 2027- June 30, 2028: $3.06
 July 1, 2028- June 30, 2029: $3.25

FISCAL IMPACTS

The City of Colton would receive an estimated $13,750 a month assuming the City continues to provide approximately 11.5 acre -feet of water per month at the current adopted rate for FY 2024/25.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Resolution R-07-25 TWC Second Amendment (003)-c1
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RESOLUTION NO. R-07-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLT ON

APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE

AGREEMENT REGARDING THE TRANSFER OF EMER GENCY WATER AND

TO ADDENDUM THE AGREEMENT REGARDING THE TRANS FER OF

EMERGENCY WATER BY A ND BETWEEN THE CITY OF COLTON AND

TERRACE WATER COMPANY

WHEREAS, the City of Colton (“Colton”) and Terrace Water Company (“Terrace Water”) (hereinafter, together referred to as “Parties”) entered into an Agreement Regarding the Transfer of Emergency Water from The City of Colton to Terrace Water Company, dated December 19, 2013 (“Emergency Water Agreement”) whereby Colton agreed to provide water to Terrace Water in the event of an emergency, at a price equal to $1.85 per centum cubic feet (“CCF”) of water and a $525 fee for any month during which Terrace Water use d emergency water; and

WHEREAS, the Parties augmented the Emergency Water Agreement by entering into that certain Addendum to Agreement Regarding the Transfer of Emergency Water from The City of Colton to Terrace Water Company, dated June 4, 2019 (“Non -Emergency Water Agreement”) whereby Colton agreed to provide Terrace Water non-emergency water following Terrace Water’s loss of production from its Wel l No. 2 at a price equal to $260 per acre -foot; and

WHEREAS, in June 2021, the parties agreed to the First Amendment to the Emergency Water Agreement and Non-Emergency Water Agreement to revise the rates to $1.69 per CCF of water for the first 18 CCF of water and $2.47 per CCF for any additional delivered water to match the current water rates at the time; and

WHEREAS, Colton adopted increased water service rates which took into effect on January 1, 2025; and

WHEREAS, the Parties wish to again amend the terms of the Emergency Water Agreement and Non-Emergency Water Agreement to continue the provision of water to Terrace Water during the consolidation and to revise the price at which Co lton would provide water to Terrace Water to the rate currently in effect within Colton; and

WHEREAS, the Parties propose revising the price at which Colton shall provide water to Terrace Water under the Emergency Water Agreement and Non-Emergency Water Agreement is amended to two dollars and thirty -nine cents ($2.39) per CCF delivered to Terrace Water through June 30, 2025. Thereafter, the rate per CCF will be:
 July 1, 2025- June 30, 2026: $2.63
 July 1, 2026- June 30, 2027: $2.89
 July 1, 2027- June 30, 2028: $3.06
 July 1, 2028- June 30, 2029: $3.25
Additionally, the monthly service fee for Terrace Water will be one thousand six hundred and one dollars and fifteen cents ($1,601.15) through June 30, 2025. Thereafter, the service fees will be:
 July 1, 2025- June 30, 2026: $1,761.27
 July 1, 2026- June 30, 2027: $1,937.39
 July 1, 2027- June 30, 2028: $2,053.64
 July 1, 2028- June 30, 2029: $2,176.68

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

Section 1 The Statements, findings, and determinations set forth above and in the preambles of the documents approved by this resolution are true and correct.

Section 2 The Colton City Council hereby approves the Second Amendment to the Agreement Regarding the Transfer of Emergency Water and to Addendum to Agreement Regarding the Transfer of Emergency Water

PASSED, APPROVED AND ADOPTED THIS ___ DAY OF MARCH 2025.

________________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________
Isaac T. Suchil
City Clerk

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ITEM NO. 6

STAFF REPORT

DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE THE AWARD OF PROFESSIONAL SERVICES
AGREEMENT TO IDC CONSULTING ENGINEERS, INC. FOR THE

LA CADENA DRIVE OVER SANTA ANA RIVER BRIDGE
REPLACEMENT PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the award of the Professional Services Agreement contract wi th IDC Consulting Engineers, Inc. in the amount of $88,000 (Exhibit A) for the revision of plan, specifications and estimate (PS&E) for the La Cadena Drive over Santa Ana River Bridge Replacement Project (Project) and authorize the City Manager to execute the agreement.

2. Approve an exception to competitive bidding for IDC Consulting Engineers, Inc. contract per Colton Municipal Code Section 3.08.140(E).

BACKGROUND

La Cadena Drive Bridge serves as a major link across the Santa Ana River for the residentia l and industrial communities in the City of Colton and the neighboring Cities of Grand Terrace and Riverside. It also serves as an alternative route for Freeway I -10 and I-215. The existing 4-lane steel bridge was constructed in 1929. It is currently li sted on the Federal Eligible Bridge List (EBL) and rated "Structurally Deficient (SD)" with a very low Sufficiency Rating (SR) of 25.2.

The 1ow SR indicates that the existing structure is seriously deteriorated and structurally deficient requiring prompt structural corrections. In addition, the bridge's low rating on the deck geometry also meets the classification of being "Functionally Obsolete (FO)". Observations from a recent field inspection indicated that the bridge is in its final years of service a s most of 6 Packet Pg. 144
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Contract Award - IDC Consulting Engineers, Inc.

March 4, 2025

the steel members are severely corroded with thick rust, and some of the steel columns are cracked and tilted.

On January 24, 2014, the City retained Jacobs Engineering, Inc. to prepare the plans, specifications and estimate (PS&E), and environm ental document for the La Cadena Drive over Santa Ana River Bridge Replacement Project. The PS&E was completed on May 31, 2019, and the right of way phase for this project was completed on November 7, 2023. IDC Consulting Engineers, Inc. is the Jacobs sub-consultant for the design of the bridge structure.

ISSUES/ANALYSIS

On March 20, 2024, a request to proceed with the construction phase for La Cadena Drive over Santa Ana River Bridge Replacement Project was submitted to Caltrans. Upon review of the submittal that includes the final plans, Caltrans Bridge Structures staff informed City staff that the bridge abutments need modification because it will not meet criteria for a new bridge due to foundation scour concern. Bridge abutment is the foundation/f ooting at the north and south approach of the bridge (see bridge plan attached as Exhibit B). Foundation scouring is the undermining of bridge foundation due to the excessive water velocity during heavy storms. The current design is a spread footing with concrete blanket but Caltrans requirement for new bridges is footing with steel or concrete pile to support the load and prevent scouring.

Since IDC Consulting Engineers Inc. is part of the original project design and environmental team, and very familiar with the project plan and specifications, City staff requests exception to competitive bidding for this contract per Colton Municipal Code Section 3.08.140 (E). It will be in the best interest of the City to dispense the public bidding or RFP process for this contract because IDC was a sub-consultant to Jacob for bridge structure design. Jacobs Engineering is no longer available to perform the works due to contract language disagreement with the City. IDC prepared and stamped the bridge structural plan and provided consulting services for right of way support and construction authorization document after Jacobs’ contract expired. Since IDC prepared the bridge structure plan, they already have the information and design calculation data that will expedite the revision of the plan and for much less cost. City staff previously consulted the City Attorney on this issue and concurred that the City can hire IDC since they prepared the bridge structure plan.

The scope for the revision of the plan for La Cade na Drive over Santa Ana River Bridge Replacement Project includes the following tasks:

1. Geotechnical Engineering Services $18,000.00
 Additional subsurface investigation including soil borings  Laboratory testing and analysis
 Pile capacity analysis and recommendations
 Update geotechnical report

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March 4, 2025

2. Structural / Roadway Engineering Services $62,000.00  Revise foundation design calculations
 Pile group analysis and pile cap design
 Updated seismic analysis
 Plan modifications and details

3. Channel Plan Updates $ 3,000.00
 Update Santa Ana River channel plans

4. Project Management $ 5,000.00
 Team coordination and quality control
 Client communications
 Schedule management
Total = $88,000.00

Staff recommend s awarding the revision of La Cadena Driv e over Santa Ana River Bridge Replacement Project plan to IDC Consulting Engineers, Inc., for not to exceed amount of $88,000.

FISCAL IMPACTS

Funding for the revision of La Cadena Drive over Santa Ana River Bridge Replacement Project plan to IDC Consulting Engineers, Inc are listed below:

Account Number IDC Contract
Traffic Impact Fund 450-1306-6900-3890-0000-000 $38,368.00 Arterial Measure I Fund 450-1306-6972-3890-0000-000 $49,632.00 Total $88,000.00

Arterial Measure I is reimbursable through SBCTA. The cost sharing percentage between the two funding are based on the SBCTA nexus study for the Measure I 2010 -2040 Strategic Plan.

Regional Traffic Impact Fee (Development Fee) represents 43.6% of the cost breakdown and Arterial Measure I represents 56.4%.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Professional Service Agreement with IDC Engineers

2. Exhibit B - Bridge Improvement Plan
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(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 5th day of March, 2025, by and between the City of Colton, a municipal corporation organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and IDC Consulting Engineers, Inc., corporation in the State of California , with its principal place of business at 5 Corporate Park, Ste. 200, Irvine, CA, 92 606 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to p erform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering consulting to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional engineering co nsulting services for the La Cadena Drive over Santa Ana River Bridge Replacement Project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all the labor, materials, tools, equipment, services, and incidental and cu stomary work necessary to fully and adequately supply the professional engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference . All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agree ment shall be from March 15 , 2025 to December 31, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, b y mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty-Eight Thousand Dollars and No Cents ($88,000) without written approval

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of the City Council or City Manager as applic able. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper co mpletion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

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

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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

3.3.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference . Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submitt als in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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23152.06000\30453088.2 Exhibit “B”-3

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons o r property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Wendy Li, P.E., President.

3.3.5 City's Representative . The City hereby designates Robert De Loach, PW/Utilities Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf an d to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative . Consultant hereby designates Wendy Li , P.E., President/Project Manager , or his/her designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calli ng necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants ha ve all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnifica tion provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the

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Attachment: Exhibit A - Professional Service Agreement with IDC Engineers (4836 : Contract Award - IDC Consulting Engineers, Inc.) (BB&K 2018)
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standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

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

Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Pe rformance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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

3.3.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of ex ecution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees , or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.3.10 or any of its sub- sections.

3.3.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultan ts. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.

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Attachment: Exhibit A - Professional Service Agreement with IDC Engineers (4836 : Contract Award - IDC Consulting Engineers, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-5

3.3.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided f or in Sections

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

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

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

3.3.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equi pment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency f or violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.6 Safety. Consultant shall execute and maintain its wo rk so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and ot her safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.11 Insurance.

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

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Attachment: Exhibit A - Professional Service Agreement with IDC Engineers (4836 : Contract Award - IDC Consulting Engineers, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-6

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

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Li ability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease.

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

3.3.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.3.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

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23152.06000\30453088.2 Exhibit “B”-7

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

3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with r espect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any availabl e insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

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

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

3.3.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of

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protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or o thers providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or an y other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.3.11.7 Subconsultant Insurance Requirements . Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approv e different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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

3.3.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized b y that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.3.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.12 Water Quality Management and Compliance.

3.3.12.1 Storm Water Management . Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.3.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may

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impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water ; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

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

3.3.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.3.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: C ity may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.3.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall

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provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Co nsultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Departm ent of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultan t or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and spec ifying the effective date thereof,

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at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitl ed to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

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

Consultant: IDC Consulting Engineers, Inc.
5 Corporate Park, Suite 200
Irvine, CA, 92606
ATTN: Wendy Li, P.E., President
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Robert DeLoach, PW/Utilities Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual p roperty embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on co mputer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant

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shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

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

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attor ney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s oblig ation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or ch anged conditions,

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

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

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

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

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

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

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

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

3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

3.6.17 Prohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely

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

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

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

3.6.20 Federal Provisions.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND IDC CONSULTING
ENGINEERS, INC.

CITY OF COLTON IDC Consulting Engineers, Inc.

A Corporation

By: ____________________________ By:_________________________ William R. Smith Wendy Li, P.E.

City Manager President

Attest:

__ By: _________________________
Isaac Suchil, City Clerk

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES

1. Geotechnical Engineering Services
 Additional subsurface investigation including soil borings  Laboratory testing and analysis
 Pile capacity analysis and recommendations
 Update geotechnical report

2. Structural / Roadway Engineering Services
 Revise foundation design calculations
 Pile group analysis and pile cap design
 Updated seismic analysis
 Plan modifications and details

3. Channel Plan Updates
 Update Santa Ana River channel plans

4. Project Management
 Team coordination and quality control
 Client communications
 Schedule management

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EXHIBIT "B"

SCHEDULE OF SERVICES
The professional engineering services for the project is from March 15, 2025 to December 31, 2025. A detailed schedule will be provided once notice to proceed is issued.

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23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "C"

COMPENSATION

1. Geotechnical Engineering Services $18,000.00

2. Structural / Roadway Engineering Services $62,000.00

3. Channel Plan Updates $ 3,000.00

4. Project Management $ 5,000.00
Total = $88,000.00

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Attachment: Exhibit A - Professional Service Agreement with IDC Engineers (4836 : Contract Award - IDC Consulting Engineers, Inc.) +3.00%
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REV BY DESCRIPTION APPROVED DATE DESIGN

BY CHECKED
W. Chen L. Liu

DETAILS

BY CHECKED
G. Wei X. Wu

QUANTITIES

BY CHECKED
T. Korprasertsud W. Chen
SPEC

BY CHECKED
300 S Harbor Blvd, Suite 710
Anaheim, CA 92805
Tel (714) 520-9070 Fox (714) 520-9068

CITY OF COL TON

PUBLIC WORKS DEPARTMENT
City Engineer: Victor Ortiz, P.E.

Date: 02/07/24
R.C.E: 73848 Exp: 06/30/25
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6.b
Packet Pg. 166
Attachment: Exhibit B - Bridge Improvement Plan (4836 : Contract Award - IDC Consulting Engineers, Inc.)

ITEM NO. 7

STAFF REPORT

DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE COOPERATIVE AGREEMENT WITH THE COUNTY OF

SAN BERNARDINO FOR THE RANCHO AVENUE PAVEMENT

IMPROVEMENT PROJECT AND ASSOCIATED BUDGET
RESOLUTION, RESOLUTION R-05-25.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve cooperative agreement (Exhibit A) with the County o f San Bernardino for the Rancho Avenue Pavement Improvement Project; and authorize City Manager to execute the agreement.

2. Adopt Resolution No. R-05-25 amending the FY2024-25 budget to appropriate funds for the Rancho Avenue Pavement Improvement Project.

BACKGROUND

The City of Colton (City) shares street jurisdiction with the County of San Bernardino (County) along a segment of Rancho Avenue , south of Valley Blvd. , to south of UPRR railroad track as shown on the attached aerial map (Exhibit B). The west side belongs to the County and east side belongs to the City of Colton jurisdiction. Both agencies indicated the need to rehabilitate the existing asphalt pavement for safety of motorists and pedestrians. The scope of the project includes asphalt grinding and overlay, and striping.

ISSUES/ANALYSIS

The City of Colton and the County of San Bernardino understand the need of having a cooperative agreement to fully complete the joint street improvement project. The cooperative 7 Packet Pg. 167
Staff Report to the Mayor and City Council
Cooperative Agreement - County of San Bernardino
March 4, 2025

agreement identifies each agencies’ role and funding commitment for the project. The County is the lead agency for the project.

As the project’s lead agency, the County will be responsible for the preparation of environmental documents, construction survey, and preparation of plans , specification and estimates (PS&E), and construction phase of the project. The estimated total cost of the County project is $4,688,882. This estimate includes other roads that the County maintains within the City of Colton sphere of influence. County’s estimated contribution for the project is $ 4,508,882, Colton estimated contribution for Rancho Avenue paving is $180,000. The project is anticipated to be completed by July 2025.

FISCAL IMPACTS

Approval of Resolution No. R -05-25 will appropriate the City of Colton’s share for this project , or $180,000, from reserve balance in Host City Fee Fund Capital Improvement Account Number 240-2513-6150-3890-0000-000 for the construction of the Rancho Ave. Pavement Improvement Project.

ENVIRONMENTAL IMPACTS

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

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Cooperative Agreeement with County of San Bernardino

2. Exhibit B - Aerial Map of the Project

3. Exhibit C - Resolution Amending the FY 24-25 CIP Budget_Rancho Ave. 7 Packet Pg. 168
Standard Contract Page 1 of 6

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

Public Works

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

Contractor City of Colton
Contractor Representative Victor Ortiz, City Engineer
Telephone Number (909) 370-5065
Contract Term Expiration 12/31/2028
Original Contract Amount $180,000
Amendment Amount $0
Total Contract Amount $180,000
Cost Center 6650002000 H15172
Grant Number (if applicable)

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, San Bernardino County (COUNTY) and the City of Colton (CITY), (COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and jointly participate in Reche Canyon Road and Other Roads Pavement Improvement Project located in the Colton area, more spe cifically, Rancho Avenue, from 0.19 mile south of Valley Boulevard north ward for 0.16 mile (hereinafter referred to as “PROJECT”); and,

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

WHEREAS, the legislative body of CI TY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and,

WHEREAS, the total PROJECT cost is estimated to be $4,688,882; and,

Contract Number

SAP Number

7.a
Packet Pg. 169
Attachment: Exhibit A - Cooperative Agreeement with County of San Bernardino (4828 : Cooperative Agreement - County of San Bernardino) Revised 7/1/24 Page 2 of 6
WHEREAS, CITY’s share of PROJECT cost is estimated to be $ 180,000 and the COUNTY’s share of PROJECT cost is estimated to be $ 4,508,882, as more particularly set forth in Exhibit “ A”, which is attached hereto and incorporated herein by this reference; and,

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

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

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1.0 COUNTY AGREES TO:

1.1 Act as the Lead Agency in the design, utility relocation, construction, construction engineering, inspection, and California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.). Right-of-Way services are not a nticipated and therefore not included in this agreement.

1.2 Provide plans and specifications and all necessary construction engineering for the PROJECT to CITY, for CITY's prior review and approval pursuant to paragraph 2.1 below.

1.3 Construct the PROJECT by contract in accordance with the plans and specifications provided by COUNTY, which have been reviewed and approved by CITY.

1.4 Arrange for relocation of all utilities which interfere with construction of the entire PROJECT limits.

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

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

1.7 Require COUNTY’s contractors to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11 - 07 and 11-07SP. Additionally, require its contractor to name CITY as an additional insured on its insurance policies and to name the CITY as co-obligee on the performance and payment bonds provided for the PROJECT.

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

1.9 Include compliance with any applicable requirements of CEQA, as well as completing the required CEQA documentation.

1.10 Pay COUNTY’s proportionate share of the cost of the PROJECT. The cost of the PROJECT shall include the cost of design, construction, construction engineering, inspection, CEQA compliance, and COUNTY overhead cost for the PROJECT. C OUNTY’s proportionate share of cost for the PROJECT is estimated at $4,508,882 (96% of PROJECT). COUNTY shall be responsible for its share of any PROJECT cost increases pursuant to paragraph 3.7, 3.8, and 3.9 below.

1.11 Submit to the CITY an itemized accounting of actual PROJECT costs incurred by COUNTY and a statement for C ITY’s proportionate share of PROJECT costs, as provided herein. Costs shall be amended following CITY and COUNTY acceptance of the final construction cost accounting.

In no event shall CITY’s proportionate share of cost of PROJECT exceed $ 180,000 absent a written amendment to this Agreement approved pursuant to paragraph 3.13.

2.0 CITY AGREES TO:

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

2.2 Provide a no cost permit to the COUNTY for its work in the CITY’s right-of-way.

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

7.a
Packet Pg. 170
Attachment: Exhibit A - Cooperative Agreeement with County of San Bernardino (4828 : Cooperative Agreement - County of San Bernardino) Revised 7/1/24 Page 3 of 6

2.4 Pay CITY’s proportionate share of the PROJECT cost. The PROJECT cost shall include the cost of design, utility relocation, construction, construction engineering, inspection, CEQA compliance and COUNTY overhead cost . The CITY’s proportionate share of cost for the PROJECT is estimated at $180,000 (4% of PROJECT).

2.5 Pay to C OUNTY, on a reimbursement basis, its share of PROJECT costs, including its jurisdictional share of any PROJECT cost increases pursuant to paragraphs 3.7, 3.8, and 3.9 below, within sixty (60) calendar days after receipt of an itemized statement as set forth i n paragraph 1.11 of this Agreement, setting forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures. In no event shall C ITY’s proportionate share of PROJECT cost exceed $ 180,000, absent a written amendme nt to this Agreement approved pursuant to Paragraph 3.13.

3.0 IT IS MUTUALLY AGREED:

3.1 After CITY’s and COUNTY’s acceptance of completed PROJECT, the COUNTY shall be responsible for performing any maintenance for that portion of the PROJECT that is in the County Maintained Road System and within the COUNTY unincorporated area, and the CITY shall be responsible for performing any maintenance for the PROJECT that is in the CITY incorporated area.

3.2 CITY agrees to indemnify, defend (with counsel approved by COUN TY) and hold harmless the COUNTY, its officers, employees, agents, and volunteers from any and all claims, actions, or losses, damages, and/or liability arising out of CITY’s performance of its obligations under this Agreement.

3.3 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all claims, actions, or losses, damages, and/or liability arising out of COUNTY’s performance of its obligations under this Agreement.

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

3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 1.6, 3.2, 3.3 and 3.4 indemnification.

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

3.7 The Parties acknowledge that final PROJECT costs may ultimately exceed the current estimate of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including Utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below) over the estimated total of PROJECT cost of $4,688,882 (which is the sum of $180,000 from CITY and $4,508,882 from COUNTY), shall be borne by each Party in proportion to where the work actually lies (based on jurisdiction), as part of the Parties’ respective obligations to pay the cost for the PROJECT.

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

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

3.10 Contract Change Orders forms will be delivered by fax or email, must be approved and signed by COUNTY, and returned within two (2) business days. The COUNTY shall not unreasonably withhold approval of change orders. If a COUNTY disapproved or modified change order is later

7.a
Packet Pg. 171
Attachment: Exhibit A - Cooperative Agreeement with County of San Bernardino (4828 : Cooperative Agreement - County of San Bernardino) Revised 7/1/24 Page 4 of 6
found to be a cost of the PROJECT, then the COUNTY shall be responsible for any costs, awards, judgments, or settlements associated with the disapproved or modified change order.

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

3.12 Except as provided in Paragraph 3.1 1, and except for the Parties' operation, maintenance and indemnification obligations contained herein which shall survive Agreement termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its share of the PROJECT costs. The PROJECT shall be deemed complete upon both PARTIES recording a Notice of Completion with any and all appropriate jurisdictions.

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

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

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

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

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

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

3.19 This Agreement may be signed in counterparts, each of which shall constitute an original. The Parties shall be entitled to sign and transmit an electronic signature of the Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding o n 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.

3.20 This Agreement will be effective on the date it is signed by both Parties and shall conclude upon satisfaction of the terms identified in paragraph 3.1 2, or December 31, 2028 (whichever occurs first).

3.21 The Recitals are true and correct and incorporated into the body of this Agreement.

SIGNATURES ON THE FOLLOWING PAGE:

7.a
Packet Pg. 172
Attachment: Exhibit A - Cooperative Agreeement with County of San Bernardino (4828 : Cooperative Agreement - County of San Bernardino) Revised 7/1/24 Page 5 of 6

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

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

SAN BERNARDINO COUNTY CITY OF COLTON

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
San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 650 N. La Cadena Drive

Colton, CA 92324

7.a
Packet Pg. 173
Attachment: Exhibit A - Cooperative Agreeement with County of San Bernardino (4828 : Cooperative Agreement - County of San Bernardino) Revised 7/1/24 Page 6 of 6

EXHIBIT A

ESTIMATE OF PROJECT COSTS

FOR SAN BERNARDINO COUNTY/CITY OF COLTON

RECHE CANYON ROAD PAVEMENT IMPROVEMENT PROJECT

Rancho Avenue

TOTAL PROJECT
COST

SAN BERNARDINO

COUNTY SHARE

CITY OF COLTON
SHARE
Construction (including
contingencies) $3,908,882 $3,758,882 $150,000
All Other Costs such as Preliminary
Engineering, Design,
Environmental Clearance,
Construction Engineering, etc.
$ 780,000 $ 750,000 $ 30,000
Total $4,688,882 $4,508,882 $180,000

7.a
Packet Pg. 174
Attachment: Exhibit A - Cooperative Agreeement with County of San Bernardino (4828 : Cooperative Agreement - County of San Bernardino) Aerial Map

- Project Limit for City of Colton

7.b
Packet Pg. 175
Attachment: Exhibit B - Aerial Map of the Project (4828 : Cooperative Agreement - County of San Bernardino)

1 2

3 4

5 6

7 8

9 10

11 12

13 14

15 16

17 18

19 20

21 22

23 24

25 26

27 28

RESOLUTION NO. R-05-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 202 4/2025 CAPITAL IMPROVEMENT

BUDGET FOR RANCHO AVENUE PAVEMENT 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 and the County of San Bernardino planned to jointly improved segment of Rancho Ave. south of Valley Blvd.; and,

WHEREAS, the City of Colton needs to provide funds from Host City Fee in the amount of $180,000 to fully fund the City of Colton matching fund for design, environmental and construction of the Rancho Ave. Pavement Improvement Project (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 $180,000 from reserve balance in Host City Fee to account number 240-2513-6150-3890-0000-000 for the construction of Rancho Ave. Pavement Improvement Project.

PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF MARCH 2025.

__________________________
FRANK J. NAVARRO
Mayor
ATTEST:

______________________________
ISAAC T. SUCHIL
City Clerk

7.c
Packet Pg. 176
Attachment: Exhibit C - Resolution Amending the FY 24-25 CIP Budget_Rancho Ave. [Revision 1] (4828 : Cooperative Agreement - County of

ITEM NO. 8

STAFF REPORT

DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE A NOTICE OF COMPLETION FOR THE FY22-23

SIDEWALK REPAIR PROJECT, PERFORMED BY DM
CONTRACTING, INC.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the execution and recordation of the Notice of Completion for the FY22-23 Sidewalk Repair Project completed by DM Contracting, Inc.

BACKGROUND

The FY22-23 Sidewalk Repair Project focused on repairing damaged and lifted sidewalks and retrofitting or installing new street ramps to comply with the American with Disabilities Act (ADA).

ISSUES/ANALYSIS

On February 20, 2024, the City Council awarded a construction contract to DM Contracting, Inc. for the FY22 -23 Sidewalk Repair Project in the amount of $471,269.50. On April 24, 2024, a change order for $7,872.99 was approved and on November 18, 2024, a second change ord er for $12,180.23 was approved.

FISCAL IMPACTS

There is no additional fiscal impact associated with filing and recording the Notice of Completion. The total approved costs, including both change orders, was $491,322.72. The project total was $486,661.21.
8 Packet Pg. 177
Staff Report to the Mayor and City Council
NOC - Sidewalk Repair Project
March 4, 2025

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A- Notice of Completion
8 Packet Pg. 178

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

Name: City of Colton

Street 650 N. La Cadena Drive
Address

City & Colton, California
State California
Zip 92324

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

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

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

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

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

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

Names Addresses

N/A N/A

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

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on October 17, 2024

8. The name of the original contractor, if any, for the work of improvement was DM CONSTRUCTION INC. The kind of work done or material furnished was SIDEWALK REPAIR AND CONSTRUCTION

9. The property on which the work of improvement was completed is in the CITY OF COLTON, County of SAN BERNARDINO, State of California, and is described as follows: FY23-24 CITYWIDE SIDEWALK

REPAIR PROJECT

The street address of the said property is various (APN is not applicable) APN-None

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

VERIFICATION
I, the undersigned say:

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

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

Executed at _______Colton_________, California, this _____________ day of ___________, 2025.

____________________________________
Victor Ortiz, P.E., City Engineer, City of Colton

8.a
Packet Pg. 179
Attachment: Exhibit A- Notice of Completion (4835 : NOC - Sidewalk Repair Project)

ITEM NO. 9

STAFF REPORT

DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE AND ADOPT A RESOLUTION TO JOIN THE UPPER

SANTA ANA RIVER WATERSHED INFRASTRUCTURE
FINANCING AUTHORITY, RESOLUTION R-06-25.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the Joint Exercise of Powers Agreement to Join the Upper Santa Ana River Watershed Infrastructure Financing Authority.

2. Adopt Resolution No. R-06-25.

3. Authorize the City Manager to execute all Agreements necessary to proceed.

BACKGROUND

The U.S. Environmental Protection Agency (EPA) issued a call to water and wastewater agencies to submit letters of intent for participation in a financing program pursuant to the Water Infrastructure Finance and Innovation Act (WIFIA). The WIFIA program provides loans to support financing of water infrastructure and related projects such as stormwater capture and energy projects related to water . Although the WIFIA program issues these loans only to one entity, WIFIA does allow for applications that cover multiple projects where funding benefits more than one entity when projects serve a common purpose, share similar construction timelines and result in a substantial regional impact.

ISSUES/ANALYSIS

9 Packet Pg. 180
Staff Report to the Mayor and City Council
Resolution - Upper Santa Ana Watershed Infrastructure Financing Authority March 4, 2025

Loans provided through the WIFIA program are competitive, however, applying as a regional entity with other local water and wastewater agencies expands the prop osed project impact and increases the chance of being selected for funding by the EPA. As such, in mid -2021, San Bernardino Valley Municipal Water District (Valley District) established the Upper Santa Ana Watershed Infrastructure Financing Authority (Auth ority), or otherwise referred to as Watershed Connect. This effort is a regional infrastructure program that requires a governance and financing structure; therefore, a Joint Powers Authority (JPA) agreement has been prepared to describe the framework of this financing mechanism and how the program will be administered. Currently the other members that have joined the JPA include the City of San Bernardino Municipal Water District, San Bernardino Valley Water Conservation District, Western Municipal Water D istrict, and the Yucaipa Valley Water District. The JPA is a vehicle for providing infrastructure funding over time as each agency is ready to build their project. However, each agency will construct, own, and operate their facilities with the specific pay back terms for each project being addressed through an individual Project Agreement between the owner agency and the JPA. The JPA serves as a conduit to the EPA financing and other future funding sources. Any costs associated with program administration or sustaining the JPA will be included in the Project Agreements.

Therefore, there is no risk or financial obligation to participating in the JPA at this time, rather, program or JPA administrative costs only apply once an agency moves forward to build projects using this financing tool.

A JPA formed pursuant to California Government Code, Title 1, Sec 6500, et seq. provides the necessary legal rights, protections, and flexibility to providing infrastructure finance for the separate agencies. A JPA will sup port the program’s regional scope and will be funded through project agreements with member agencies. In addition, the formation of a regional JPA will increase the competitiveness of securing state and federal financing and is expected to positively impact loan interest rates and repayment terms. Below is a summary of the JPA agreement.

 Purpose: The JPA is an organization separate from the member agencies with the powers to create and enter into contracts, incur debts and liabilities, and adopt rules and regulations for the operation of the JPA, amongst other powers provided by the Agreement.
 Governance: The JPA Board of Directors consist of one representative and an alternate from each member agency, designated by motion or resolution; the representative can be a governing board member or employee of the member agency. Each member agency has one vote, which will be equally weighted. All actions of the Board shall be approved by a majority vote.
 Meetings: The agreement requires regular meetings be held at least twice a month in accordance with provisions of the Brown Act; the JPA Board can reconsider meeting frequency.
 Membership: Members include the founding agencies and additional members joining the JPA at later dates; the admission of additional members must be approved by the JPA Board. Any member may withdraw from the JPA by providing at least ninety (90) days 9 Packet Pg. 181
Staff Report to the Mayor and City Council
Resolution - Upper Santa Ana Watershed Infrastructure Financing Authority March 4, 2025

written notification. Withdrawal of a member does not relieve that member agency from any obligations incurred by the JPA on behalf of that agency.  Risks: The JPA Agreement states that the debts, liabilities, and obligations of the Authority, shall not be debts, liabilities, and obligations of any of the member agencies.

Support for loans and other program funding will be transferred through the i ndividual project agreements with the member agencies.
 Revenue: The JPA can secure bonds, loans, notes and other indebtedness that are repaid with payments resulting from project agreements with member agencies.  Project Agreements: A document authorized by the governing board of a member agency and also the JPA Board to finance or refinance a project and specifies how the JPA will fund the project and how the member agency will pay the JPA.

FISCAL IMPACTS

There is no fiscal impact to the City in approving the Agreement to Join the Authority. Any future potential funding opportunities will require evaluation by the Finance Director, City Manager and ultimately approval by City Council.

ALTERNATIVES

1. Provide alternative Direction to Staff.

ATTACHMENT

1. Joint Powers Agreement (San Bernardino Valley MWD), 4845-6031-7422_12

2. Resolution R-06-25 Joint Power Agreement
9 Packet Pg. 182
Stradling Yocca Carlson & Rauth
Draft of 7/16/21

4845-6031-7422v12/200315-0002
_________________________________________________________________________________

JOINT EXERCISE OF POWERS AGREEMENT
by and among

SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT,

SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT,

YUCAIPA VALLEY WATER DISTRICT,
and

THE OTHER PARTIES SET FORTH IN EXHIBIT A
creating the

UPPER SANTA ANA RIVER WATERSHED

INFRASTRUCTURE FINANCING AUTHORITY
July 20, 2021
_________________________________________________________________________________

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JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREEMENT, dated July 20, 2021, by and among the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a municipal water district that is duly organized and existing under and by virtue of the laws of the State of California (the “San Bernardino Valley Municipal Water District”), the SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, an independent special district that is organized and existing under and by virtue of the laws of the State of California (the “San Bernardino Valley Water Conservation District”), the YUCAIPA VALLEY WATER DISTRICT, a county water district that is organized and existing under and by virtue of the laws of the State of California (the “Yucaipa Valley Water District”), and the other parties set forth in Exhibit A as it may be revised from time to time, each a public agency that is organized and existing under and by virtue of the laws of the State of California (the “Additional Members”).

DECLARATION OF PURPOSE
A. Chapter 5 of Division 7 of Title 1 of the California Government Code, Government Code sections 6500 et seq., (the “Act”) authorizes the San Bernardino Valley Municipal Water District, the Yucaipa Valley Water District and the Additional Members to create a joint exercise of powers entity which has the power to exercise any powers common to the San Bernardino Valley Municipal Water District, the Yucaipa Valley Water District and the Additional Members and to exercise additional powers granted to it under the Act. This Agreement creates such an agency, which shall be known as the Upper Santa Ana River Watershed Infrastructure Financing Authority (the “Authority”) for the purposes and to exercise the powers described herein.

B. The Members have determined to develop a means to facilitate the financing of the implementation of a coordinated regional water infrastructure program to provide a more reliable and affordable water supply to the Members and their respective rate payers, consisting of water -related capital improvement projects undertaken by the Members that are expecte d to benefit public agencies located within the vicinity of, or receiving water from, the Santa Ana River watershed (the “ Upper Santa Ana River Watershed Infrastructure Program”).

C. The Members, through the develop ment and implementation of the Upper Santa Ana River Watershed Infrastructure Program (also known as Watershed Connect) , aim to invest in projects to modernize aging infrastructure and to address issues facing the region and its Members, such as the impacts of climate change, drought and the need for cooperative water management to assure safe and reliable drinking water and environmental restoration.

D. The Members are each authorized to plan for, design, construct, operate, maintain, repair and replace water-related facilities and to buy, sell, lease and use property and to incur indebtedness for public purposes pursuant to the California Water Code, the California Government Code and other laws of the State of California.

E. The Members desire to use any and every power common to them and the other powers granted to the Authority pursuant to the Act for the purpose of financing the costs of the various projects comprising Upper Santa Ana River Watershed Infrastructure Program.

F. Article 4 of the Act, Government Code sections 6584 et seq., (known as the “Marks-Roos Local Bond Pooling Act of 1985”) authorizes and empowers joint powers agencies like the Authority to issue bonds and to purchase bonds issued by, or to make loans to, the Members for financing public capital improvements, working capital, liability and other insurance needs, or projects whenever there are

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significant public benefits, as determined by the Authority. The Marks -Roos Local Bond Pooling Act of 1985 further authorizes and empowers the Authority to sell bonds so issued or purch ased to public or private purchasers at public or negotiated sale.

G. The Members desire to explore all financing options to fully implement the Upper Santa Ana River Watershed Infrastructure Program, including, but not limited to, entering into one or more loan agreements with the United States Environmental Protection Agency under its Water Infrastructure Finance and Innovation Act program and other funding options, including the use of the Marks Ro os Local Bond Pooling Act of 1985.

TERMS OF AGREEMENT
Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 shall for all purposes of this Agreement have the meanings herein specified. “Act” shall mean Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code, Government Code sections 6500 et seq., as amended. “Additional Members” shall mean a Member other than the San Bernardino Valley Municipal Water District, the Yucaipa Valley Water Di strict, San Bernardino Valley Water Conservation District and any other initial Members.
“Agreement” shall mean this Joint Exercise of Powers Agreement creating the Authority, as it may be amended from time to time.
“Authority” shall mean the Upper Santa Ana River Watershed Infrastructure Financing Authority created by this Agreement.
“Board” or “Board of Directors” shall mean the governing board of the Authority. “Bonds” shall have the same meaning as in Government Code section 6585(c), and in addition shall include, without limitation. bonds, loans, notes and any other evidences of indebtedness of the Authority authorized and issued pursuant to the Act or other available financing mechanism. “Director” shall mean a member of the Board appointed to the Board pursuant to Section 4(b) of this Agreement.
“Indenture” shall mean each indenture, trust agreement, loan agreement, resolution or other such instrument pursuant to which Bonds are issued.
“Members” shall mean San Bernardino Valley Municipal Water District, Yucaipa Valley Water District, San Bernardino Valley Water Conservation District and the Additional Members listed in Exhibit A of this Agreement.
“Project” shall mean generally water-related capital improvement project s, including, but not limited to, wastewater treatment, recycled water or water reuse , stormwater capture, water conveyance, groundwater storage, alternative energy , environmental preservation or ecosystem restoration projects, identified in a Project Agreem ent financed or refinanced by the Authority for the benefit of the Member or Members who are parties to such Project Agreement.

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“Project Agreement ” shall mean an agreement entered into by one or more Members and the Authority pursuant to which the Authorit y agrees to finance or refinance a Project specified in such agreement and the Member(s) is obligated to make payments to the Authority with respect to the financial obligations incurred by the Authority for purposes of financing or refinancing the applicable Project, all in accordance with the terms and conditions of any such Project Agreement. “State” shall mean the State of California.

Section 2. Purpose. This Agreement is made pursuant to the Act for the purpose of assisting in the financing and refinancing of the Projects of the Members, working capital for the Members and other costs described in the Act by exercising the powers referred to in this Agreement and providing an organizational framework for the implementation of the financing of the Upper Santa Ana River Watershed Infrastructure Program. Any Bonds issued by the Authority shall be solely for Projects benefiting the Member or Members, as provided in the applicable Project Agreement.

Section 3. Term. This Agreement shall become effective as of the date hereof (the “Effective Date”) and shall continue in full force and effect until (i) the date which is the 40th anniversary of the Effective Date or (ii) the date on which the Members terminate this Agreement in writing; provided however this Agreement shall not terminate so long as any Bonds or other obligations of the Authority remain outstanding under the terms of any Indenture, Project Agreement, contract, agreement, or other instrument pursuant to which such Bonds are issued or other obligations are incurred.

Section 4. The Authority.
(a) Creation of the Authority . There is hereby created pursuant to the Act an authority and public entity to be known as the “Upper Santa Ana River Watersh ed Infrastructure Financing Authority.” As provided in the Act, the Authority shall be a public entity separate from the Members. The geographic boundaries of the Authority shall be coextensive with the boundaries of all of the Members. The debts, liabi lities and obligations of the Authority shall not constitute debts, liabilities or obligations of the Members. Notwithstanding any other provision of this Agreement, the Authority shall have no power to incur any debt, liability or obligation that is not subject to and limited by the preceding sentence, including but not limited to any debt, liability or obligation to a public retirement system or otherwise for pension, health care or other retirement benefits.

Within 30 days after the effective date of this Agreement or any amendment hereto, the Authority will cause a notice of this Agreement or amendment to be prepared and filed with the office of the Secretary of State of the State in the manner that is set forth in Section 6503.5 of the Act, and, to the extent required, with the Local Agency Formation Commission under Section 6503.8 of the Act. Such notice shall also be filed with the office of the Finance Director of the State. (b) Governing Board. The Authority shall be administered by a Board of Directo rs, which is hereby established, consisting of one (1) Director for each Member, whom shall be designated by the Member by motion or resolution of the governing board of the Member, which motion or resolution shall be filed with the Authority.

Each Member shall, from time to time, designate a Director and an alternate, which shall be a governing board member of the Member or employee of the Member , to represent the Member on the Board. The alternate shall be entitled to all rights as a Director, including rights of voting in the absence of the Director. Directors and alternates shall serve for so long as they are either serving a term to the governing body of, or are in the active employ of, the appointing Member , unless earlier removed from such position as Director or alternate, as applicable, by the governing body of the appointing Member .

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Directors and alternates shall serve at the pleasure of the governing board of the appointing Member and may be removed at any time, with or without cause, in the sole discretion of the appointing Member's governing board.

Directors shall not receive any compensation by the Authority for serving as such, but shall be entitled to reimbursement for any expenses actually incurred and not reimbursed by the Member that appointed such Director in connection with serving as a Member, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. Members may provide for per diem or other compensation for their app ointed Director from the Member’s own funds, provided such is not a charge against the Authority. (c) Meetings of Board.
(1) The Board shall hold regular meetings on the first and third Wednesdays of each calendar month at 8:30 A.M. at the offices of the San Bernardino Valley Municipal Water District unless the Board determines to meet at an alternate time or location in accordance with California law.

The Board may suspend the holding of regular meetings so long as there is no need for Authority business. The Bo ard may hold special meetings at any time and from time to time in accordance with law, provided that, so long as required by the Act, any action taken regarding the sale of Bonds shall occur by resolution placed on a noticed and posted meeting agenda for a regular meeting of the Authority. (2) All regular and special meetings of the Board shall be called, noticed, held and conducted subject to the provisions of the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the California Government Code), or any successor legislation hereafter enacted. (3) The Secretary of the Authority shall cause minutes of all meetings of the Board to be kept and shall, as soon as practicable after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to the Members. (4) A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn meetings from time to time. (d) Voting. Each Director representing his or her appointing Member shall have one vote. Unless specified to the contrary herein, all actions of the Board shall be approved on the affirmative vote of a majority of the quorum of Directors present at the meeting. In the event of a tie vot e among the Directors voting, the matter will not be a considered to have passed.

(e) Officers; Duties; Bonds.
(1) The officers of the Authority shall be the Chair, Vice Chair, Executive Director, Secretary and Treasurer, who will each serve at the pleasure of the Board. (2) The Director to the Authority from the San Bernardino Valley Municipal Water District, or his or her alternate or designee, shall serve as the first Chair of the Authority for [one - year from the Effective Date]. After such period, the Chair shall be elected by a vote of the Board for a one year term. The Chair shall preside at all meetings of the Authority. (3) The Board shall select from its members a Vice Chair who shall serve as Vice Chair of the Authority. The term of office of the Vice Chair shall be [one year]. Following the

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expiration of such term, a Vice Chair shall be elected by a vote of the Board. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. In case of a vacanc y in the position of the Chair, the Vice Chair shall perform the duties of the Chair, until such time as a new Chair is selected or appointed.
(4) The General Manager of the San Bernardino Valley Municipal Water District is hereby designated as the initial Exe cutive Director of the Authority. By a vote of the Board, the Authority may give notice to San Bernardino Valley Municipal Water District of its desire to replace the initial Executive Director. The Authority and San Bernardino Valley Municipal Water Dis trict shall engage in a good faith discussion of this desire for a period of at least thirty (30) days. If following the thirty-day period the Authority and the San Bernardino Valley Municipal Water District have not been able to resolve any outstanding i ssues, the Board may remove or appoint a new Executive Officer pursuant to a vote.

The Executive Director shall be responsible for execution and supervision of the affairs of the Authority. Except as otherwise authorized by resolution of the Board, the Ex ecutive Director or the Executive Director’s designee shall sign all contracts, deeds and other instruments executed by the Authority. In addition, subject to the applicable provisions of any Indenture providing for a trustee or other fiscal agent, the Executive Director is designated as a public officer or person who has charge of, handles or has access to any property of the Authority, and shall file an official bond if so required by the Board pursuant to Section 6505.1 of the Act . I n addition to the powers, duties and responsibilities provided herein, the Executive Director shall have such powers, duties and responsibilities as may be hereinafter granted or imposed, as the case may be, by the Board. (5) The Clerk of the Board of the San Bernardino Valley Municipal Water District shall serve as the initial Secretary until such time as the Board may appoint a replacement. The Secretary shall keep the records of the Authority, shall act as Secretary at th e meetings of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. (6) The Treasurer of the San Bernardin o Valley Municipal Water District shall serve as the initial Treasurer of the Authority until the Board may appoint a replacement. The Treasurer of the Authority shall have the powers, duties and responsibilities that are specified in Sections 6505 and 65 05.5 of the Act. The Treasurer of the Authority is designated as a public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond as required by the Board pursuant to Section 6505.1 of the Act. The cost of the bond shall be paid by the Authority.
(7) So long as required by Sections 6505 and 6505.5 of the Act, the Treasurer of the Authority shall prepare or cause to be prepared: (a) a special audit as required pursuant to Section 6505 of the Act every year during the term of this Agreement; and (b) a report in writing on the first day of July, October, January and April of each year to the Board and the Members, which report shall describe the amount of money held by the Treasurer of the Authority for the Board, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trust ee or other fiduciary provides regular reports covering such amounts). (8) The services of the officers shall be without compensation by the Authority. The San Bernardino Valley Municipal Water District may provide such other administrative services as required by the Authority.

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(9) The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. (10) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pension, relief, disability, worker’s compensation and other benefits which apply to the activities of officers, agents or employees of the Members when performing their respective functions within such Member’s territori al limits, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially for or on behalf of the Authority under the provisions of this Agreement. (11) None of the officers, agents or employees, if any, directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by a Member or, by reason of their employment by the Authority, to be subject to any of the requirements or benefits to any of the Members.
(12) The Members hereby confirm their intent and agree that, as provided in Section 4(a) hereof and in the Act, the debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of the Members, an d they do not intend by the following sentence to impair this provision. Notwithstanding Section 4(a) hereof , the confirmation provided immediately above, and the Act, each Member shall indemnify, defend and hold harmless the Authority and each other Member and each of the Authority and the other Member’s officers, directors, employees, attorneys and agents from and against any and all costs, expenses, losses, claims, damages , and liabilities directly or indirectly arising out of or in connection with any negligent or wrongful act or omission of such Member in the performance of this Agreement, and the Members intend that each Member provide indemnity or contribution in proportion to that Member’s responsibility for any such claim, damage, loss, judgment, l iability, expense or other cost, as determined under principles of comparative negligence .

Each Member may elect to defend itself in any such action with counsel of its choice, the reasonable fees of such counsel to be paid by such Member providing indemn ification under this section .

Notwithstanding the provisions of Section 895.6 of the Government Code of the State, a Member shall not have any right to contribution from the Authority. This paragraph shall survive the termination of this Agreement.
(13) In a ny event, the Authority shall cause all records regarding the Authority’s formation, existence, operations, any Bonds issued by the Authority, obligations incurred by it and proceedings pertaining to its termination to be retained for at least six (6) year s following termination of the Authority or final payment of any Bonds issued by the Authority, whichever is later. (14) Confirmation of officers shall be the first order of business at the first meeting of the Authority, regular or special, held in each calendar year. (15) No Board member, officer, agent or employee of the Authority, without prior specific or general authority under this agreement or by a vote of the Board, shall have any power or authority to bind the Authority by any contract, to pledge its credit , or to render it liable for any purpose in any amount.

Section 5. Powers. The Authority shall have any and all powers which are common powers of the Members, and the powers separately conferred by law upon the Authority. All such powers, whether common to the Members or separately conferred by law upon the Authority, are specified as powers of the Authority, except any such powers which are specifically prohibited to the Authority by applicable law. The Authority’s exercise of its powers is subject to the restriction s upon the manner of exercising the powers of the San Bernardino Valley Municipal Water District.

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The Authority is hereby authorized, in its own name, to do all acts necessary or convenient for the exercise of its powers, including, but not limited to, any or all of the following: to sue and be sued; to make and enter into contracts; to employ agents, consultants, attorneys, accountants, and employees; to acquire, hold or dispose of property, whether real or personal, tangible or intangible, wherever locate d; to issue Bonds or otherwise incur debts, liabilities or obligations, except for any debt, liability or obligation to a public retirement system or otherwise for pension, health care or other retirement benefits, to the extent authorized by the Act or an y other applicable provision of law and to pledge any property or revenues or the rights thereto as security for such Bonds and other indebtedness Notwithstanding the foregoing, the Authority shall have any additional powers conferred under the Act or unde r applicable law, insofar as such additional powers may be necessary to accomplish the purposes set forth in Section 2 hereof.

This section shall be subject to the limitations on the powers of the Authority set forth in Section 4(a).

Section 6. Termination of Powers . The Authority shall continue to exercise the powers herein conferred upon it until the termination of this Agreement in accordance with Section 3 hereof.

Section 7. Fiscal Year and Budgeting. The first fiscal year of the Authority shall be the period from the effective date of this Agreement to June 30, 2022 . Each subsequent fiscal year of the Authority shall be the period from July 1 of each year through June 30 of the succeeding year, unless changed by resolution of the Board.

The Authority shall develop, circulate, and approve an annual budget for the funding of its administrative and other functions. The budget shall be prepared by the Executive Director. No later than March 1 prior to the beginning of the fiscal year for which the budget is to operate, the Executive Director shall present and circulate to all Members the proposed budget, for review and analysis. The circulated budget shall include the underlying presumptions and worksheets upon which it is based. The Executi ve Director or his or her designee, shall be reasonably available to respond promptly to any inquiries or information requests regarding the proposed budget. No later than thirty (30) days after presentation of the budget, the Board shall meet to deliberate and pass upon the budget. The Board may accept, reject, or modify in any way the budget as proposed by the Executive Director.

Initially, the San Bernardino Valley Municipal Water District shall perform the accounting and revenue collection functions o f the Authority, tracking and securing the funding from the Members pursuant to the approved annual budget, and consistent with the approved cost allocations among the Members approved therewith. The San Bernardino Valley Municipal Water District shall per form such functions until such time as a different Member or other entity is selected by the Board to perform the accounting and revenue collection functions of the Authority and tracking and securing the funding from the Members pursuant to the approved annual budget.

In the event of any delinquency, the San Bernardino Valley Municipal Water District may request the Authority to appoint it, or any other Member or group of Members, to represent the Authority , as its agent, in securing collection of unpaid and owing amounts from any delinquent Member or Members.

The reasonably incurred costs of such collection efforts may be reimbursed to the agent authorized by the Authority to go forward with them, and may be added as an administrative cost to other Membe rs, or as a credit against future amounts owing to the Authority from such authorized agent.

Section 8. Disposition of Assets. Upon termination of this Agreement pursuant to Section 3 hereof, any surplus money in possession of the Authority or on deposit in any fund or account of the

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Authority shall be returned in proportion to any contributions made as required by Section 6512 of the Act. The Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Au thority. After rescission or termination of this Agreement pursuant to Section 3 hereof, all property of the Authority, both real and personal (except for any surplus money, which shall be distributed pursuant to the first sentence of this Section) , shall be distributed to the Members in proportion to their contributions.

Section 9. Contributions and Advances . Contributions or advances of public funds and of personnel, equipment or property may be made to the Authority by a Member for any of the purposes of this Agreement. Administrative costs owed to the Authority are intended to be recovered pursuant to the terms of the Project Agreement executed by the Members. Only Members executing a Project Agreement shall be required to pay such administrative costs.

Section 10. Bonds.
(a) Authority to Issue Bonds . When authorized by the Act or other applicable provisions of law and by resolution of the Board, the Authority may issue Bonds for the purpose of raising funds for the exercise of any of its powers or to otherwise carry out its purposes under this Agreement. Said Bonds shall have such terms and conditions as are authorized by the Board. The issuance of Bonds shall be approved by the affirmative vote of a majority of the total number of Directors of the Authority.
(b) Bonds Limited Obligations. The Bonds, including the principal and any purchase price thereof, and the interest and premium, if any, thereon, shall be special obligations of the Authority payable solely from, and secured solely by, the revenues, funds and other assets that are pledged therefor under the applicable Indenture(s), and shall not constitute a charge against the general credit of the Authority or the Members. The Bonds shall not be secured by a legal or equitable pledge of, or lien or charge upon or security interest in, any property of the Authority or any Members (other than property of the Member executing a Project Agreement to secure such Bonds, and only to the extent set forth in such Project Agreement) or any Authority income or receipts or any Member’ s income or receipts (other than income or receipts of the Member executing a Project Agreement and only to the extent set forth in such Project Agreement) except the property, income and receipts pledged therefor under the applicable Indenture(s). The Bo nds shall not constitute a debt, liability or obligation of the State or any public agency thereof, including any Member, other than the special obligation of the Authority as described above. Neither the faith and credit nor the taxing power of the State or any public agency thereof, including any Member, shall be pledged to the payment of the principal or purchase price of, or the premium, if any, or interest on the Bonds, nor shall the State or any public agency or instrumentality thereof, including any Member, in any manner be obligated to make any appropriation for such payment.

The Authority shall have no taxing power.

No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any director, officer, a gent or employee of the Authority or a Member , in his or her individual capacity, and no director or officer of the Authority executing a Bond shall be liable personally on such Bond or be subject to any personal liability or accountability by reason of th e issuance of such Bond.

Section 11. Agreement not Exclusive . This Agreement shall not be exclusive and shall not be deemed to amend or alter the terms of other agreements between the Members, except as the terms of this Agreement shall conflict therewith, in which case the terms of this Agreement shall prevail.

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Section 12. Project Agreements . The rights and obligations of the Members and the Authority with respect to any Bonds issued by the Authority shall be set forth in the respective Project Agreements to be authorized by the Board of the Authority and the governing board of the participating Members and executed and delivered by the Authority and the participating Members. Each Project Agreement shall include (i) a confirmation of the Member that such Membe r has the legal authority to carry out the project activities related to the applicable Project and (ii) provisions to ensure that such Member will comply with the provisions of any Indenture related to such Project Agreement.

Section 13. Additional Members . It is r ecognized that public agencies other than the original Members to this Agreement may wish to participate in the Authority. As determined by the Board of Directors, in its sole discretion, any such public agency must have the common powers specified in the Declaration of Purpose, above, must be credit worthy, and must provide benefits to the Upper Santa Ana River Watershed Infrastructure P rogram and to the other Members. Any proposed Additional Member must meet all established principles or requirements adopted by any Member with respect to potential participation in the Upper Santa Ana River Watershed Infrastructure Program that are in effect at the time th e proposed Additional Member applies to become a Member. Additional public agencies may become Members upon such terms and conditions as approved by a unanimous vote of the Board, including establishment of an appropriate cost allocation for that Addition al Member and payment by the Additional Member of an acceptable financial contribution to offset prior expenses or obligations incurred by the existing Members, if any. The Authority shall revise Exhibit A to reflect such Additional Member and shall attac h the revised Exhibit A as a replacement exhibit. Such replacement Exhibit A shall not constitute an amendment to this Agreement.

Section 14. Withdrawal of a Member. Any Member seeking to withdraw from the Authority shall give at least one hundred eighty (180) days written notice of its election to do so. Such written notice must state the date on which the withdrawal shall be effective. Notice must be given to each Director of the Board and to the Executive Director. The application of the withdrawing Member shall include a plan for the allocation to the withdrawing Member any reimbursement or payment to the Authority of any appropriate costs, expenses, or obligations of the Authority, assumed by or benefitting such withdrawing Member, previously incurred by the Aut hority. Upon withdrawal, the withdrawing Member shall no longer be a Member, and shall no longer have any obligations under this Agreement; provided that the withdrawing Member shall remain liable for its share of debt service with respect to any outstandi ng Bonds or amounts payable under a Project Agreement. Any Member that withdraws shall remain subject to the provisions of Section 4(e)(12) with respect to any event or occurrence taking place before such Member withdraws.

Section 15. Accounts and Reports. All funds of the Authority shall be strictly accounted for in books of account and financial records maintained by the Authority, including a report of all receipts and disbursements. The Authority shall establish and maintain such funds and accounts as may be required by generally accepted accounting principles and by each Indenture for outstanding Bonds (to the extent that such duties are not assigned to a trustee for owners of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by the Members and their representatives.

The Authority shall require that each Indenture shall provide that if a trustee is appointed thereunder, such trustee shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of such Indenture. Said trustee may be given such duties in said Indenture as may be desirable to carry out the requirements of this Section 15. (a) Audits. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority in compliance with the requirements of the Act. Any costs of the audit, including contracts with, or employment of, certified public

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accountants or public accountants in making an audit pursuant to this Section 1 5, shall be borne by the Authority and shall be a charge against an y unencumbered funds of the Authority available for that purpose.
(b) Audit Reports. The Treasurer of the Authority, as soon as practicable after the close of each fiscal year but in any event within the time necessary to comply with the requirements of the Act, shall file a report of the audit performed pursuant to this Section 1 5(b) as required by the Act and shall send a copy of such report to public entities and persons in accordance with the requirements of the Act.

Section 16. Funds. Subject to the provisions of ea ch Indenture for outstanding Bonds providing for a trustee to receive, have custody of and disburse funds which constitute Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to accounting procedures approved by the Board and shall make the disbursements required by this Agreement or otherwise necessary to carry out the provisions and purposes of this Agreement.

Section 17. Technical Advisory Committee . The Authority shall establish a Technical Advisory Committee. The Technical Advisory Committee shall be comprised of one representative of each Member that is an employee of the Member or a consultant appointed by such Member with expertise in water and/or wastewater capital improvement projects. The Technical Advisory Committee will meet from time to time to review materials relevant to Projects to be financed by the Authority, including draft Project Agreements, and shall periodically report to the Board regarding its review of such materials.

Representatives on the Technical Advisory Committee shall serve in such capacity for so long as they are in the active employ of, or contracted by, the appointing Member, unless earlier removed from such position by the governing board of the appointing Member. Representatives on the Technical Advisory Committee shall serve at the pleasure of the governing board of the appointing Member and may be removed at any time, with or without cause, in the sole discretion of the appointing Membe r's governing board.

The Board shall appoint a Chair and Vice Chair of the Technical Advisory Committee. The term of each of the Chair and Vice Chair of the Technical Advisory Committee shall be [one year].

All regular and special meetings of the Technical Advisory Committee shall be called, noticed, held and conducted subject to the provisions of the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the California Government Code), or any successor legislation hereafter enacted.

Section 18. Adoption of Certain Codes and Policies . The Authority shall, by resolution, adopt a Conflict of Interest Code, an investment policy and a debt management policy to the extent required by law. Such Conflict of Interest Code, investment policy and debt management policy may initially be the respective code or policies of the San Bernardino Valley Municipal Water District.

Section 19. Notices. Notices and other communications hereunder to the parties shall be sufficient if delivered to the clerk or secretary of the governing body of each party.

Section 20. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, v alid and binding obligation of the Members when each party has executed a counterpart of this Agreement.

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Section 21. Severability. Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State, o r otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby.

Section 22. Successors; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the success ors of the parties hereto. Except to the extent expressly provided herein, neither party may assign any right or obligation hereunder without the consent of the other.

Section 23. Amendment of Agreement . This Agreement may be amended by supplemental agreement executed by all of the Members at that time; provided, however, that this Agreement may be terminated only in accordance with Section 3 hereof and, provided further, that such supplemental agreement shall be subject to any restrictions contained in any Bonds or documents related to any Bonds to which the Authority is a party.

Section 24. Waiver of Personal Liability . No Member, member of the Board, officer, counsel, employee or other agent of the Auth ority or the Members shall be individually or personally liable for any claims, losses, damages, costs, injury and liability of any kind, nature or description arising from the actions of the Authority or the actions undertaken pursuant to this Agreement, and the Authority shall defend such M embers, members of the Board, officers, counsel, employees or other agent of the Authority against any such claims, losses, damages, costs, injury and liability. Without limiting the generality of the foregoing, no Member, member of the B oard, officer, counsel, employee or other agent of the Authority or of any Member shall be personally liable on any Bonds or be subject to any personal liability or accountability by reason of the issuance of Bonds pursuant to the Act and this Agreement. To the full extent permitted by law, the Board shall provide for indemnification by the Authority of any person who is or was a member of the Board, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member of the Board, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably inc urred in connection with such proceeding, if such person acted in good faith and in the course and scope of his or her office, employment or agency. In the case of a criminal proceeding, the Board may provide for indemnification and defense of a member of the Board, or an officer, employee or other agent of the Authority to the extent permitted by law.

Section 25. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement.

Section 26. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

Section 27. Duties. Where reference is made to duties to be performed for the Authority by a public official or employee, such duties may be performed by that person’s duly authorized deputy or assistant. Where reference is made to actions to be taken by a Member, such action may be exercised through the officers, staff or employees of such Member in the manner provided by law.

Section 28. Principal Office . The principal office of the Authority shall be the principal office of the San Bernardino Valley Municipal Water District unless the Board designates a different principal office by motion or resolution.

Section 29. Controlling Law . THIS AGREEMENT IS MADE IN THE STATE, UNDER

THE CONSTITUTION AND LAWS OF THE STATE AND IS TO BE CONSTRUED AS A CONTRACT MADE AND TO BE PERFORMED IN THE STATE.

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Section 30. Complete Agreement. Except as provided in Section 11 hereof, this Agreement is the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof, which supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between the parties relating to the subject matter of this Agreement.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers or officials thereunto duly authorized, as of the day and year first above written.

SAN BERNARDINO VALLEY MUNICIPAL

WATER DISTRICT
By
President
ATTEST:

Secretary

YUCAIPA VALLEY WATER DISTRICT

By:

President

ATTEST:

Secretary

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SAN BERNARDINO VALLEY WATER

CONSERVATION DISTRICT
By:

Authorized Representative

ATTEST:

Secretary

BIG BEAR REGIONAL WASTEWATER AGENCY
By:

Authorized Representative

ATTEST:

Secretary

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CITY OF COLTON
By:

Authorized Representative

ATTEST:

Secretary

SAN BERNARDINO MUNICIPAL WATER

DEPARTMENT
By:

Authorized Representative

ATTEST:

Secretary

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WESTERN MUNICIPAL WATER DISTRICT
By:

Authorized Representative

ATTEST:

Secretary

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A-1
4845-6031-7422v12/200315-0002

EXHIBIT A

AUTHORITY MEMBERS

1. San Bernardino Valley Municipal Water District

2. Yucaipa Valley Water District

3. Big Bear Regional Wastewater Agency

4. City of Colton

5. San Bernardino Municipal Water Department

6. San Bernardino Valley Water Conservation District

7. Western Municipal Water District

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RESOLUTION NO. R-06-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLT ON

AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS

AGREEMENT TO JOIN THE UPPER SANTA ANA WATERSHED

INFRASTRUCTURE FINANCING AUTHORITY

WHEREAS, the City Council of the City of Colton (“Colton”), acting pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “JPA Law”), may enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them and, pursuant to Government Code § 6588, exercise certain additional powers; and

WHEREAS, on July 20, 2021 the San Bernardino Municipal Val ley District (“Valley District”), San Bernardino Valley Water Conservation District (“Conservation District”), Yucaipa Valley Water District (“YVWD”), and the City of San Bernardino have established the Upper Santa Ana Watershed Infrastructure Financing Au thority (“USAWIFA”, the “Financing JPA”) Pursuant to the JPA Law, Colton wishes to join Valley District, Conservation District, YVWD, and the City of San Bernardino, and Additional Members in the future, in issuing revenues bonds or incurring other financial obligations from time-to-time; and

WHEREAS, under California law and the Joint Exercise of Powers Agreement, the Financing JPA will be a public entity separate and apart from Valley District, Conservation District, YVWD, the City of San Bernardino and Colton, and future Additional Members, and the debts liabilities and obligations of the Financing JPA will not be the debts, liabilities or obligations of Valley District, Conservation District, YVWD, the City of San Bernardino, Colton or the Additional Me mbers or any representatives serving on the governing body of the Financing JPA; and

WHEREAS, the City Council of the City of Colton has reviewed the Joint Exercise of Powers Agreement and the provision of the California Environmental Quality Act (“CEQA”) and has considered whether any direct or indirect physical changes to the environment will result from entering into the Joint Exercise of Powers Agreement and from creating the Financing JPA, and has considered whether taking either or both of those acti ons may possibly have a significant effect on the environment.

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

Section 1 The Statements, findings, and determinations set forth above and in the preambles of the documents approved by this resolution are true and correct.

Section 2 The form of the Joint Exercise of Powers Agreement attached hereto is hereby approved. The Mayor or City Manager of Colton, acting singly, are hereby authorized to execute and deliver the Joint Exercise of Powers Agreement substantially in the approved form, with such changes, insertions and omissions as may be recommended by Valley District General Counsel or Stradling Yocca Carlson & Rauth, a Professional Corporation , as Bond Counsel, said execution being conclusive evidence of such approval.

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Section 3 The City Council of the City of Colton does hereby determine that authorizing (1) the joining of the Financing JPA, (2) the execution of the Joint Exercise of powers Agreement, and (3) all steps that are reasonably convenient or necessary to join the Financing JPA, does not constitute a project or projects under CEQA because: the proposed actions represent administrative activities of the Valley District that wi ll not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines); and it can be seen with certainty that there is no possibility that the proposed action in question may have a significant effect on the e nvironment, and thus the proposed action in question may have a significant effect on the environment, and thus the proposed action is not subject to CEQA (Section 15061(b)(3) of the CEQA Guidelines).

Section 4 The Public Works Director is hereby appointe d the initial representative of Colton to serve on the board of directors of USARWIFIA and the Water/Wastewater Operations Manager is hereby appointed the initial alternate to serve on the board of directors of USARWIFA.

Section 5 The Mayor, City Manager, and any other proper officer of Colton, acting singly, are each hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by the Joint Exercise of Powers Agreement.

Section 6 Unless otherwise defined herein, all terms used herein and not otherwise defined shall have the meanings given such terms in the Joint Exercise of Powers Agreement unless the context otherwise clearly requires.

Section 7 This resolution shall take effect immediately.

PASSED, APPROVED AND ADOPTED THIS ___ DAY OF MARCH 2025.

________________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________
Isaac T. Suchil
City Clerk

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ITEM NO. 10

STAFF REPORT

DATE: MARCH 4, 2025
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 AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING

16.16.240 OF THE COLTON MUNICIPAL CODE RELATING TO

TENTATIVE MAP EXTENSIONS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA. (FILE INDEX NO.

DAP24-0003), ORDINANCE NO. O-02-25.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

The City Council approve the second reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA AMENDING SECTION 16.16.240 OF THE COLTON MUNICIPAL CODE RELATING TO TENTATIVE MAP EXTENSIONS.

ATTACHMENT

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ORDINANCE NO. O-02-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF COLTON , CALIFORNIA AMENDING SECTION

16.16.240 OF THE COLTON MUNICIPAL CODE

RELATING TO TENTATIVE MAP EXTENSIONS

WHEREAS, the City of Colton (“C ity”) is a California municipal corporat ion organized pursuant to the California Constitution; and
WHEREAS, p ursuant to Article XI, Section 7 of the California Constit ution, the City may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, provisions contained in the City ’s subdivision regulations contained in Chapter 16 of the City’s Municipal Code authorizes subdividers to submit requests for extensions of approved tentative m aps and authorizes the Colton Planning Commission to grant such requests for a period not to exceed an additional 12 months; and WHEREAS, California Government Code Section 66452.6 (California Subdivision Map Act), provides that “[A]n approved or conditio nally approved tenta tive map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months;” and WHEREAS, In Griffis v County of Mono (1985) 163 CA3d 414, a California appeals court held that restricting extensions to a 1-year period was invalid; and WHEREAS, the City intends to comport its current subdivision regulations with established California law and previous extensions granted by the Planning Commission; and WHEREAS, adopting an amendment to Section 16.16.240 of the Colton Municipal Code to maintain consistency with state laws and court opinions is in the public interest and consistent with the Colton General Plan because authorizing additional time for developers to record maps and promote the Land Use Goals and Policies in the General Plan, including, but not limited to, LU -1, LU Policy 1.6, Goal LU -8, LU Policy 8.3 which seek to encourage development of attractive residential developments that me et the housing needs of the City of Colton and the region.

NOW, THEREFORE, the City Council of the City of Colton, Californ ia, does ordain as follows:

SECTION 1. Incorporation of Recitals . The City Council hereby finds that all of th e foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

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SECTION 2. Amending Section 16.16.240 to the Colton Municipal Code . Section

16.16.240 of the Colton Municipal Code is hereby amended to read as follows:

“16.16.240 - Extension—Limitation—Denial—Appeal.

Upon application of the subdivider prior to the expiration of the original 24 month approval period, an extension not to exceed an additional 12 24 months may be granted by the planning commission. The subdivider shall apply in writing for this extension at least 30 days prior to the expiration date of the tentative map. Such written application must be directed to the Development Services D irector, be accompanied by the fee as set forth by resolution of the city council, and must state the reasons for requesting the extension. Once the applicant has submitted a written request to extend expiration of the tentative map, an d unless the planning commission takes affirmative action to deny the application within 15 days, the tentative map is automatically extended an additional 60 days, or until the application for the extension is approved, conditionally approved, or denied, whichever occurs fir st. In the event the planning commission denies a subdivider's application for extension of time, the subdivider may appeal to the city council as provided in Section 16.28.050.”

SECTION 3. Except as amended above, all other section s of the Colton Municipal Code shall remain unchanged. In addition, the City Council hereby ratifies an prior extensions granted by the Planning Commission that are otherwise in compliance with Section 2.

SECTION 4. Compliance with California Environme ntal Quality Act . Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this ordinance is exempt from review under the California Environmental Quality Act ( “CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, C alifornia Code of Re gulations, Title 14, Article 3, because it has no potential for resulting in physical change to the environment, directly or indirectly , as it merely authorizes an additional 12 months of life to a subdivision map.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the vali dity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

SECTION 7. Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof,

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cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.
//
PASSED, APPROVED AND ADOPTED this ___ day of _______________, 2025.

Frank Navarro, Mayor
ATTEST:

Isaac Suchil, City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

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