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, APRIL 1, 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 regarding Closed Session items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide a copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
Please state your name and your City of Residence before providing your comment.
2 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Jorge Sanchez v. Colton
San Bernardino County Superior Court, Case No. CIVSB2305484 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
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 Ruben Cimental - Sovereign Grace Impact FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
• Fire - New Hire Introduction
• Proclamation - ECE Week of the Young Child
• Proclamation - Child Abuse Prevention Month
3 MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
APPOINTMENTS
MAYOR AND COUNCIL DISCUSSION ITEMS
PUBLIC HEARINGS
There are no Public Hearing items.
BUSINESS ITEMS
There are no Business items.
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public 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.
(1) Warrants - Approve voucher numbers 217792 to 217871 dated 02/26/2025 and totaling $100,823.76; replacement check number 217872 dated 02/27/2025 totaling $150.00; voucher numbers 217873 to 217994 dated 02/27/2025 and totaling $2,857,638.98 and voucher number 217996 dated 03/06/2025 totaling $1,208.20, replacement check number 217997 dated 03/06/2025 totaling $1,208.20 and voucher numbers 217995 to 218164 dated 03/06/2025 and totaling $3,755,761.67. [Staff Person: Stacey Dabbs]
(2) Change Order - Pacific Products and Services LLC - Approve Change Order No. 3 with Pacific Products and Services LLC for the FY 24/25 Termed Purchase Orders for the Supply of Street Signs Materials, and Approve and Adopt a Resolution Amending the Fiscal Year 2024/2025 Budget for the Public Works Street Maintenance and Operations Expenditures by $13,000, RESOLUTION NO. R-19-25. [Staff Person: Robert DeLoach]
(3) Emergency Condition - Agua Mansa Power Plant - Confirm Ongoing Emergency Condition at Agua Mansa Power Plant.
[Staff Person: Charles Berry]
(4) Redistributed ARPA Funds - Early Childhood Education Program - Approve and Adopt a Resolution Accepting the Early Care and Education Division Redistributed ARPA Funds from the CA Department of Social Services, RESOLUTION NO. R-12-25.
[Staff Person: Deb Farrar]
(5) Surplus Material - Approve Declaration of Certain City Property as Surplus and Approve Disposal of Said Property.
[Staff Person: Robert DeLoach]
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 Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, 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. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
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: APRIL 1, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 217792 TO 217871 DATED 02/26/2025 AND TOTALING $100,823.76; REPLACEMENT CHECK
NUMBER 217872 DATED 02/27/2025 TOTALING $150.00;
VOUCHER NUMBERS 217873 TO 217994 DATED 02/27/2025 AND
TOTALING $2,857,638.98 AND VOUCHER NUMBER 217996 DATED
03/06/2025 TOTALING $1,208.20, REPLACEMENT CHECK
NUMBER 217997 DATED 03/06/2025 TOTALING $1,208.20 AND
VOUCHER NUMBERS 217995 TO 218164 DATED 03/06/2025 AND
TOTALING $3,755,761.67.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve voucher numbers 217792 to 217871 dated 02/26/2025 and totaling $100,823.76; replacement check number 217872 dated 02/27/2025 totaling $150.00; voucher numbers 217873 to 217994 dated 02/27/2025 and totaling $2,857,638.98 and voucher number 217996 dated 03/06/2025 totaling $1,208.20, replacement check number 217997 dated 03/06/2025 totaling $1,208.20 and voucher numbers 217995 to 218164 dated 03/06/2025 and totaling $3,755,761.67.
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.
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Warrants - Accounts Payable
April 1, 2025
FISCAL IMPACTS
None.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
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City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
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ITEM NO. 2
STAFF REPORT
DATE: APRIL 1, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE CHANGE ORDER NO. 3 WITH PACIFIC PRODUCTS AND SERVICES LLC FOR THE FY 24/25 TERMED PURCHASE
ORDERS FOR THE SUPPLY OF STREET SIGNS MATERIALS, AND
APPROVE AND ADOPT A RESOLUTION AMENDING THE FISCAL
YEAR 2024/2025 BUDGET FOR THE PUBLIC WORKS STREET
MAINTENANCE AND OPERATIONS EXPENDITURES BY $13,000,
RESOLUTION NO. R-19-25.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Change Order No. 3 for Pacific Products and Services LLC termed Purchase Order increasing the amount to $93,000 for the purchase of additional street signpost and mounting hardware.
2. Approve Resolution R -19-25 to appropriate from reserve balance an additional $13,000 for the purchase of street signs materials.
BACKGROUND
As part of the City’s maintenance responsibility, Public Works/Street Division crew s maintain City streets signs for the safety of pedestrians and motoring public. The City’s maintenance responsibility for street signs includes replacing faded and damaged signs, and installation of new signs. Majority of signs installed this fiscal year are due to the additional street sweeping signs necessitated by newly implemented alternate street sweeping days.
ISSUES/ANALYSIS
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Staff Report to the Mayor and City Council
Change Order - Pacific Products and Services LLC
April 1, 2025
Pacific Products and Services is the City’s supplier for street sign materials such as steel post s, bolts and other mounting hardware. Pacific Products and Services LLC normal termed purchase order (P.O.) is $20,000 per year , but due to an increase in sign procurement brought by the needed street sweeping sign, the P.O. was increased to $35,000 per year on December 16, 2024, and $80,000 per year on January 21, 2025. The purchase order increased enabled crew s to complete the street sweeping signs, but not sufficiently to cover the signpost and hardware needs for the rest of FY 24/25. Approximately 1600 street sweeping signs were installed. To fully fund the purchase of the street signpost and hardware needed, staff recommend increasing Pacific Products and Services termed P.O. to $93,000 (Change Order No. 3). The proposed increase will be sufficient for signs repair and replacements for the rest of FY 24/25.
FISCAL IMPACTS
An additional appropriation from General Fund reserve balance is necessary for the associated increase for the procurement of street sweeping signs, post and hardware . Approval of Resolution R -19-25 (Exhibit A) appropriates an additional $13,000 in General Fund Streets Operating Supplies/Equipment Account No. 100 -6150-6160-2301-0000-000 to fund the additional request.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Resolution R-19-25
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RESOLUTION NO. R-19-25
A RESOLUTION OF THE CITY COUNCIL O F THE CITY OF COLTON , AMENDING THE FISCAL YEAR 2024/2025 BUDGET FOR THE PUBLIC WORKS STREET MAINTENANCE AND OPERATIONS EXPENDITURES BY $13,000.
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 has a responsibility to maintain its streets, including the maintenance and installation of street signs to ensure traffic safety; and,
WHEREAS, the existing appropriation in the Public Works’ Operating Supplies and Equipment Account is insufficient to meet the increased demand for street signposts and hardware; and,
WHEREAS, an additional appropriation of $ 13,000 is required to continue the purchase of necessary street signpost and hardware to complete and support ongoing street sign maintenance and replacement efforts for FY 24/25.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Fiscal Year 2024/2025 budget is hereby amended to increase appropriations in General Fund Public Works Streets Division Operating Supplies and Equipment Account No. 100-6150-6160-2301-0000-000 by $13,000 to support the procurement of street signposts and hardware.
PASSED, ADOPTED AND APPROVED THIS 1st DAY OF APRIL 2025.
________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
_____________________________
ISAAC T. SUCHIL
City Clerk
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Attachment: Exhibit A - Resolution R-19-25 (4864 : Change Order - Pacific Products and Services LLC)
ITEM NO. 3
STAFF REPORT
DATE: APRIL 1, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: CONFIRM ONGOING EMERGENCY CONDITION AT AGUA
MANSA POWER PLANT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Confirm ongoing emergency conditions at Agua Mansa Power Plant and authorize the City Manager or designee to execute all necessary agreements to complete repairs to the power plant and simultaneously execute all necessary agreements with all vendors as required as provisioned in Colton Municipal Code § 3.08.130 (A).
BACKGROUND
On Friday, February 14, 2025, Ag ua Mansa Power Plant (AMPP) experienced a fault condition on the medium -voltage bus work interconnecting the generator switchgear to the step -up transformer. Upon investigation, the bus work is determined to be non -serviceable due to the extensive damage caused by multiple faults. Due to this non -serviceable status, the bus work, which is a proprietary product, must be replaced, resulting in AMPP being out of market until all repairs are completed.
The emergency conditions were affirmed by the City Council at its regular meeting on March 18, 2025. Pursuant to the Colton Municipal Code 3.08.130 (A), a report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter.
ISSUES/ANALYSIS
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Staff Report to the Mayor and City Council
Emergency Condition - Agua Mansa Power Plant
April 1, 2025
With AMPP out of the market, the power plant remains unavailable to be called upon to support the City’s energy needs in addition to the broader California Independent System Operator (CAISO) controlled SP 15 market. Based upon staff analysis of replacement energy and energy related products, the immediate cost exposure is $6,300,000 in addition to the replacement costs for the bus work, which is estimated at $1,100,000 for a total project cost of $7,400,000. This analysis to market exposure assumes the repairs can be made and AMPP is placed back into market on, or before July 31, 2025.
Should repairs extend beyond July 31, 2025 , and AMPP remain s out of market, the financial liability to the Electric Utility will grow exponentially , not only in energy and related products, but also in potential fines levied by the CAISO due to an unplanned forced outage condition.
Conversely, if staff can complete repairs and return AMPP to market ahead of the July 31, 2025 date, the Electric Utility will realize the benefits of market cost avoidance.
Given the significant financial exposure to the City , the City Manager’s Office has issued an emergency declaration and directed staff to effectuate repairs in the most responsible and economic manner possible. To accomplish this, the City has invoked Colton Municipal Code
3.08.130 (A), dispatching with the formal budding requirements and executing all necessary agreements to complete repairs and restore AMPP to dispatchable status.
FISCAL IMPACTS
Sufficient appropriations are available in Fiscal Year 2024 -2025 adopted budget in Electric Utility Fund Agua Mansa Power Plant Capital Account Number 520-8000-8009-4930-0107-000.
ALTERNATIVES
Provide alternative direction to staff.
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ITEM NO. 4
STAFF REPORT
DATE: APRIL 1, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION ACCEPTING THE EARLY
CARE AND EDUCATION DIVISION REDISTRIBUTED ARPA
FUNDS FROM THE CA DEPARTMENT OF SOCIAL SERVICES,
RESOLUTION NO. R-12-25.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
• Adopt Resolution R-12-25 to accept Redistributed ARPA Funds.
BACKGROUND
The City of Colton, Early Care and Education Di vision has two main components, the School Age Program (SAP) and the State Preschool Program (SPP). The SAP is funded by the California Department of Social Services (CDSS) and SPP is funded by the California Department of Education (CDE). The SAP is for children in grades K thru 6 th grade, using the CDSS Contract to provide services for before, after, and all -day care on CJUSD closure days.
The SPP is for younger children, ages 3 to 5 years old. The SPP operates 180 days a year, part - time, with the desired result of preparing you ng children for elementary school, both in the classroom and the playground. As Executive Director of the Program, the City Manager is the designated authority to sign the State contract.
During Fiscal Years 2021 -2023, the California Department of Education (CDE) and the California Department of Social Services (CDSS) provided additional funding to support child care programs through:
• Assembly Bill 110 (AB 110)
• Assembly Bill 179 (AB 179)
• American Rescue Plan Act (ARPA) Stabilization Funds
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Staff Report to the Mayor and City Council
Redistributed ARPA Funds - ECE
April 1, 2025
These funds were allocated to all contracted agencies, including the City of Colton, as direct payments outside of standard child development contracts. The purpose of these Stabilization Funds was to enhance program sustainability, support workforce retention, and maintain high - quality services for families during and after the pandemic recovery period.
ISSUES/ANALYSIS
The California Department of Social Services (CDSS) has identified unspent American Rescue Plan Act (ARPA) funds and has partnered with Child Development Associates, Inc. (CDA) to facilitate the redistribution of these funds to eligible childcare contractors. This initiative aims to maximize the impact of federal relief funding by ensuring that resources are directed to agencies that continue to provide essential early care and education services.
As a contractor in good standing, the City of Colton Early Care and Education (ECE) Division has been awarded $7,752.00 through this redistribution effort. These funds will support the continued operation and enhancement of early childhood programs, contributing to the sustainability and quality of services provided to local families.
FISCAL IMPACTS
Adoption of Resolution R -12-25 amends the Fiscal Year 20 24-25 adopted budget to increase revenues and appropriations in the Child Care Fund 206 to accept and expend the award in the following accounts:
REVENUE: Increase revenues in Child Care Fund Revenue by $7,752 in Account Number 206-5719-025
EXPENDITURES: Increase appropriations in Child Care Fund Expenditures Operating Supplies/Equipment by $7,752
Account Number 206-7200-7208-2304-0000-025
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. R-12-25 Redistributed ARPA Funds - Early Care and Education 4 Packet Pg. 102
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RESOLUTION NO. R-12-25
A RESOLUTION OF THE CITY COUNCIL ALLOWING THE RECEIPT OF FUNDS
TO THE EARLY CARE AND EDUCATION DIVISION OF THE COMMUNITY
SERVICES DEPARTMENT VIA THE CALIFORNIA D EPARMENT OF SOCIAL SERVICES AND CHILD DEVELOPMENT ASSOCIATES, Inc.
WHEREAS, the City of Colton , Early Childhood Education (ECE) Division of the Community Services Department (CSD) holds one (1 ) California Department of Education (CDE) Contract, and one (1) California Department of Social Services (CDSS) Contract, thus considered a CDE and CDSS Funded Agency.
WHEREAS CDSS, with Assembly Bill 110 and AB179, has awarded rounds of the American Recovery Plan Act (ARPA) to every CDSS Funded Program in the State of California in 2022 and 2023.
WHEREAS CDSS has secured unspent ARPA funds from previous distribution rounds.
CDSS has partnered with Child Development Associates (CDA) Inc. to redistribute these ARPA funds to CDSS contractors, who are in good standing.
WHEREAS, the ECE Division has received a check in the amount of $7,752.
WHEREAS, CDSS Funded Agencies must use ARPA Stabilization funds for one or more of the following purposes related to Staffing, Operations, Training, COVID-19 Response, Service Continuity and Mental Health Services.
NOW, THEREFORE, the City Council of the City of Colton does hereby resolve as follows:
Section 1: The staff report accompanying this resolution is found to be true, adopted as findings, and incorporated into this resolution.
Section 2: City approves receipt of the CDA Inc. redistributed ARPA funds Section 3: City Council hereby amends the FY2024 -25 budget to increase revenues and appropriations to accept and expend the award as follows:
Revenue account 206-5719-025 Increase by $7,752
Expenditure accounts 206-7200-7208-2304-0000-025 Increase by $7,752
PASSED, APPROVED AND ADOPTED this 1st day of April 2025.
________________________________________
FRANK J, NAVARRO, Mayor
ATTEST:
ISAAC T. SUCHIL, City Clerk
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Attachment: R-12-25 Redistributed ARPA Funds - Early Care and Education (4855 : Redistributed ARPA Funds - ECE)
ITEM NO. 5
STAFF REPORT
DATE: APRIL 1, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE DECLARATION OF CERTAIN CITY PROPERTY AS SURPLUS AND APPROVE DISPOSAL OF SAID PROPERTY.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Declare that the twelve (12) pieces 108 -inch diameter reinforced concrete pipes (RCP) as surplus and approve disposal of said property.
2. Authorize the City Manager to negotiate and execute the necessary Donation Agreement (Exhibit B) needed for the disposal of the property.
BACKGROUND
The City owns twelve (12) pieces 108 -inch diameter reinforce d concrete pipes (RCP). These concrete pipes are left -over from the 3 -5 Storm Drain Project. The project is on -hold due to funding constraints and will not resume in the foreseeable future. The pipes are stored on the northeast corner of Valley Blvd. and Meridian Ave. (see Exhibit A). The City used to own this parcel.
ISSUES/ANALYSIS
The contractor/vendor for the 3-5 Storm Drain Project was Harris Construction Engineering, Inc.
The project was completed on February 2, 2007. The value of the pipe when it was purchased is approximately $3,360 each for a total of $40,320. Since the value of the property that will be declared surplus is more than $10,000, the City Council needs to authorize the disposal of the pipes per Colton Municipal Code Section 3.08.150.
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Staff Report to the Mayor and City Council
Surplus Material
April 1, 2025
City Purchasing staff attempted auctioning the pipes on February 9, 2022, but nobody bid on the auction process. City staff also checked with the pipe manufacturer to see if they were willing to take and sell the pipe, but the response was negative due to limited demand for this type and size of pipe. San Bernardino County Flood Control District staff was also contacted by City staff on March 7, 2023 to check if they have a need for this type of pipe but indicated that they don’t have any project that specifies this type and size of pipe.
Since no entity wanted to take the pipe s, City staff looked at the option of hiring a contractor to crush the pipes to 2” average size and dispose the crushed material. The lowest proposal the City got was $56,000. Due to the high cost of using a contractor for the disposal of these pipes , City staff looked at the option of posting the pipes ’ disposal on social media platforms. There are indications that some private individuals want to take the pipe for free. Once this authorization is approved, City staff will begin discussion with those individuals that are interested in taking these pipes and will work with the City Attorney for the disposal of the surplus property.
Attached as Exhibit B is the draft Donation Agreement drafted by the City Attorney.
FISCAL IMPACTS
The pipes in question originated from the 3 -5 Comprehensive Storm Drain Project (450 -6632), initially capitalized in FY07 (Fixed Asset #00002309), at a total cost of $1,805,921.40. The project was assigned a 45 -year estimated useful life and currently has a remaining book value of approximately $1,103,618.58. Although specific documentation from Harris Construction detailing the pipes is unavailable, these pipes were included in the overall project capitalization.
Applying the same depreciation method and useful life assumptions used for the overall project, the pipes now have an estimated remaining book value of $25,088.
Once the disposition of these materials is finalized, a partial disposal of the fixed asset will be processed. The fiscal impact resulting from the disposal by donation is an approximate loss of $25,088. The alternative option to hire a contractor to crush and dispose of the pipes is a more expensive alternative.
ALTERNATIVES
1. City Council may provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Photo of 108 inch Dia. RCP
2. Exhibit B - Colton - Donation Agreement - Draft
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I08” Diameter RCP
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Attachment: Exhibit A - Photo of 108 inch Dia. RCP (4863 : Surplus Material) 23152.06160\43389634.2
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DONATION AGREEMENT
THIS AGREEMENT (“Agreement”) is made this _____ day of _______________, 2025 (the “Effective Date”) by and between the [***INSERT RECIPIENTS NAME***] , a _____________ herein called “ RECIPIENT,” and the City of Colton, a California municipal corporation herein called “DONOR.” The RECIPIENT and DONOR are sometimes individually referred to as “Party” and collectively as “Parties.”
WHEREAS, DONOR is the fee simple owner of c ertain public property located in San Bernardino County, at [**INSERT ADDRESS/LOCATION IF APPLICABLE**], comprising of [**INSERT PROPERTY DETAILS** ] and as more particularly described on Exhibit “A” attached hereto (the “Property”);
WHEREAS, DONOR desires to donate the Property to the RECIPIENT for [**INSERT PURPOSE**], and the RECIPIENT intends to accept the Property; WHEREAS, the Parties now desire to set forth the terms and conditions of the donation in this Agreement.
NOW, THEREFORE, RECIPIENT and DONOR agree as follows:
1. Incorporation of Recitals . The Recitals set forth above are incorporated into and made a part of this Agreement as though fully set forth herein
2. Donation of Property. DONOR shall grant the Property to RECIPIENT and, in consideration of the donation to RECIPIENT, RECIPIENT shall accept the grant of the Property, or interest therein, upon the terms and conditions set forth in this Agreement. While no money shall change hands between the parties, DONOR shall receive the benefits of a donation to RECIPIENT, as well as transferring the obligations associated with the Property to RECIPIENT, and RECIPIENT is willing to accept such obligations in exchange for the Property.
3. Obligations of Donor.
3.1 Fee Interest . Upon acceptance by RECIPIENT, DONOR shall convey, assign and transfer its fee interest in the Property to RECIPIENT, free and clear of all liens, encumbrances, and taxes.
3.2 Representations and Warranties of Donor. RECIPIENT acknowledges and agrees that DONOR makes no representations or warranties, express or implied, regarding the condition of the Property, including but not limited to its structural integrity, compliance with law, or fitness for any particular purpose.
3.2.1 "AS-IS” ACCEPTANCE. RECIPIENT ACCEPTS THE
PROPERTY IN ITS "AS -IS" CONDITION, WITH ALL FAULTS, DEFECTS (WHETHER PATENT OR LATENT), AND CONDITIONS, KNOWN OR UNKNOWN.
RECIPIENT ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO
INSPECT THE PROPERTY, CONDUCT DUE DILIGENCE, AND INVESTIGATE ALL
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Attachment: Exhibit B - Colton - Donation Agreement - Draft (4863 : Surplus Material) 23152.06160\43389634.2
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MATTERS AFFECTING THE PROPERTY’S SUITABILITY FOR RECIPIENT’S INTENDED USE.
3.2.2 Release and Assumption of Risk . RECIPIENT, on behalf of itself and its successors and assigns, expressly waives, releases, and discharges DONOR from any and all claims, liabilities, losses, or obligations related to any other matter affecting the use, ownership, or operation of the Property.
3.2.3 Waiver of Claims. RECIPIENT acknowledges that it has reviewed and accepts any structural evaluations, or other disclosures provided by DONOR. RECIPIENT assumes all responsibility for any required remediation, repairs, or modifications and waives any right to seek damages, contribution, or reimbursement from DONOR for any costs incurred in connection with the Property.
3.3 Indemnity. RECIPIENT agrees to indemnify, defend, and hold harmless DONOR, its officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, losses, damages, costs, and expenses, including but not limited to attorneys’ fees and litigation costs, arising out of or related to the Prop erty, except to the extent caused by the gross negligence or willful misconduct of DONOR prior to the acceptance.
DONOR shall not be responsible for any claims, obligations, liabilities, or expenses related to any claims or liabilities arising from the use, ownership, operation, or transfer of the Pro perty after acceptance.
RECIPIENT assumes all responsibility for the Pr operty upon the acceptance date and expressly waives and releases DONOR from any and all claims related thereto, except as expressly provided in this Agreement.
4. Notices. As used in this Agreement, notice includes but is not limited to, the communication of any notice, request, demand, approval, statement, report, acceptance, consent, waiver and appointment. All notices must be in writing. Notice is given either (i) when delivered in person to the person or company intended named bel ow, or (ii) when sent via reputable overnight courier (such as Federal Express), addressed by name and addressed to the party or persons intended, as follows:
To RECIPIENT:
______________________
______________________
______________________
______________________
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Attachment: Exhibit B - Colton - Donation Agreement - Draft (4863 : Surplus Material) 23152.06160\43389634.2
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To DONOR:
Address: City of Colton
Attention: Public Works Director
Phone: (***)
Email:
until such time as a party gives notice of the change of address in accordance with the terms of this Section.
5. Modification. This Agreement shall not be changed, modified or amended except upon the written consent of the Parties hereto.
6. Entire Agreement & Interpretation . This Agreement is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the matters herein contained. This Agreement supersedes any and all other prior agreements and understandings, oral or written, in connection therewith. No provision contained herein shall be construed against the DONOR solely because it prepared this Agreement in its executed form.
7. Binding on Successors . DONOR and RECIPIENT , their respective assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all the parties thereto shall be jointly and severally liable thereunder.
8. Tax Matters. If applicable, the Parties agree to cooperate in good faith to execute and provide any tax-related forms or other documentation reasonably requested by the other Party in connection with the donation of the Property. Any such forms shall be completed and returned within thirty (30) business days after receipt, provide d that compliance does not impose any material obligation or liability on the responding Party.
9. Counterparts. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. [signature page follows]
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Attachment: Exhibit B - Colton - Donation Agreement - Draft (4863 : Surplus Material) 23152.06160\43389634.2
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SIGNATURE PAGE FOR THE DONATION AGREEMENT BETWEEN [**INSERT RECIPIENT NAME**]AND THE CITY OF COLTON , A CALIFORNIA MUNICIPAL CORPORATION:
IN THE WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly-authorized representatives, as of the Effective Date set forth above.
DONOR:
By: _________________________________
Name: ______________________________
Its: _________________________________
Date:
RECIPIENT:
____________________
By: _________________________________
Name: ______________________________
Its: _________________________________
Date:
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Attachment: Exhibit B - Colton - Donation Agreement - Draft (4863 : Surplus Material) 23152.06160\43389634.2
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EXHIBIT “A”
THE PROPERTY
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Attachment: Exhibit B - Colton - Donation Agreement - Draft (4863 : Surplus Material) 23152.06160\43389634.2
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Attachment: Exhibit B - Colton - Donation Agreement - Draft (4863 : Surplus Material)