Agenda packet — Colton City Council, March 3, 2026 (part 3 of 7)

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INDEP
ENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER

FINANCIAL REPORTINGAND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIALSTATEMENTS PERFORMED

IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
City Council
City of Colton
Colton, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Colton, as of and for the year ended June 30, 2025, and the related notes to the financial statements, which collectively comprise the City of Colton’s basic financial statements, and have issued our report thereon dated January 29, 2026.

Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered City of Colton’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of Colton’s internal control. Accordingly, we do not express an opinion on the effectiveness of City of Colton’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.

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City Council
City of Colton

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Report on Compliance and Other Matters
As part of obtaining rea
sonable assurance about whether City of Colton’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

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Irvine, California
January 29, 2026

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Honorable City Council
City of Colto
n
Colton, California
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Colton as of and for the year ended June 30, 2025, and have issued our report thereon dated January 29, 2026. We have previously communicated to you information about our responsibilities under auditing standards generally accepted in the United States of America and Government Auditing Standards , as well as certain information related to the planned scope and timing of our audit in our engagement agreement dated May 13, 2025. Professional standards also require that we communicate to you the following information related to our audit.

Significant audit findings
Qualitative aspects of accounting practices
Accounting policies
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by City of Colton (the City) are described in Note 1 to the financial statements.

As described in Notes 1, the City changed accounting policies related to compensated absences by adopting Governmental Accounting Standards Board (GASB) Statement No. 101, Compensated Absences, in fiscal year 2024-2025. This did not significantly impact the City’s financial statements.

We noted no transactions entered into by the entity during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.

Accounting estimates
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were:
 The Other Postemployment Benefit (OPEB) ex pense, Total OPEB liability, and corr esponding
deferred out
flows of resources and deferred inflows of resources for the City’s OPEB plans ar e based on ce
rtain actuarial assumptions and methods prepared by an outside consultant.  Management’s estimate of the claims payable liabilities related to general liability a nd worker’s compensation claims ar
e based on estimates by the claim’s administrators.

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Honorable City Council
City of Colton

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We evaluated the key factors and assumptions used to develop the allowance in determining that it is reasonable in relation to the financial statements taken as a whole.

Financial statement disclosures
Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the financial statements were:
 The disclosure of the retirement commitments reported in Note 9 to the financial statements. 
The disclosure of the OPEB commitments reported in Note 10 to the financial statements.

The financia
l statement disclosures are neutral, consistent, and clear.

Difficulties encountered in performing the audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.

Uncorrected misstatements
Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. The attached schedule summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole.

Uncorrected misstatements or the matters underlying uncorrected misstatements could potentially cause future-period financial statements to be materially misstated, even if management has concluded that the uncorrected misstatements are immaterial to the financial statements under audit.

Corrected misstatements
None of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole.

Disagreements with management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors’ report. No such disagreements arose during our audit.

Circumstances that affect the form and content of the auditors’ report As previously communicated to you, the repo rt was modified to include an emphasis of matter paragraph relating to the restatement of beginning net position for the correction of an error.

Management representations
We have requested certain representations from management that are included in the management representation letter dated January 29, 2026.

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Honorable City Council
City of Colton

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Management consultations with other independent accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the entity’s financial statements or a determination of the type of auditors’ opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.

Other audit findings or issues
We have provided a separate communication to you dated January 29, 2026, communicating internal control related matters identified during the audit.

Required supplementary information
With respect to the required supplementary information (RSI) accompanying the financial statements, we made certain inquiries of management about the methods of preparing the RSI, including whether the RSI has been measured and presented in accordance with prescribed guidelines, whether the methods of measurement and preparation have been changed from the prior period and the reasons for any such changes, and whether there were any significant assumptions or interpretations underlying the measurement or presentation of the RSI. We compared the RSI for consistency with management’s responses to the foregoing inquiries, the basic financial statements, and other knowledge obtained during the audit of the basic financial statements. Because these limited procedures do not provide sufficient evidence, we did not express an opinion or provide any assurance on the RSI.

Supplementary information in relation to the financial statements as a whole With respect to the combining and individual nonmajor fund financial statements and schedules (collectively, the supplementary information) accompanying the financial statements, on which we were engaged to report in relation to the financial statements as a whole, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period or the reasons for such changes, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplem entary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. We have issued our report thereon dated January 29, 2026.

Other information included in annual reports
Other information (financial or nonfinancial information other than the financial statements and our auditors’ report thereon) is being included in your annual report and is comprised of introductory and statistical sections. Our responsibility for other information included in your annual report does not extend beyond the financial information identified in our opinion on the financial statements. We have no responsibility for determining whether such other information is properly stated and do not have an obligation to perform any procedures to corroborate other information contained in your annual report.

We are required by professional standards to read the other information included in your annual report and consider whether a material inconsistency exists between the other information and the financial statements because the credibility of the financial statements and our auditors’ report thereon may be undermined by material inconsistencies between the audited financial statements and other

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Honorable City Council
City of Colton

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information. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Our auditors’ report on the financial statements includes a separate section, “Other Information,” which states we do not express an opinion or any form of assurance on the other information included in the annual report. We did not identify any material inconsistencies between the other information and the audited financial statements.
* * *
This communication is intended solely for the information and use of the city council and management of City of Colton and is not intended to be, and should not be, used by anyone other than these specified parties.

CliftonLarsonAllen LLP
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January 29, 2026

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Honorable City Council
City of Colton

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DESCRIPTION ASSET LIABILITY NET POSITION REVENUE EXPENSE Other Governmental Funds
To recognize revenue to prior years for SB 1186 fees
collected that should have been recorded as restricted
revenue instead of a liability.

Liability 129,100
Revenues (18,761)
Fund Balance (110,339)
- 129,100 (110,339) (18,761) -
City of Colton

DEBIT (CREDIT)
June 30, 2025
Waived Adjusting Journal Entries

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CITY OF COLTON, CALIFORNIA

APPROPRIATIONS LIMIT WORKSHEET NO. 6

INDEPENDENT ACCOUNTANTS’ REPORT

ON AGREED-UPON PROCEDURES APPLIED TO
APPROPRIATIONS LIMIT WORKSHEET NO. 6

YEAR ENDED JUNE 30, 2025

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(1)
INDEP
ENDENT ACCOUNTANTS’ REPORT

ON APPLYING AGREED-UPON PROCEDURES
Honorable Mayor and Members
of the City Council
City of Colton
Colton, California
We have performed the procedures enumerated below on the accompanying Appropriations Limit Worksheet No. 6 of the City of Colton, California, (the City) for the year ended June 30, 2025. The City’s management is responsible for the Appropriations Limit Worksheet No. 6.

The City and the League of California Cities (as presented in the League publication entitled Article XIII- B Appropriations Limit Uniform Guidelines) have agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of meeting the requirements of Section 1.5 of Article XIII-B of the California Constitution. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures performed and our findings were as follows:

1. We obtained the completed Appropriations Limit Worksheet No. 6 for the year ended June 30, 2025, and compared th
e limit and annual adjustm ent factors included in that worksheet to the limit and annual adjustment factors tha
t were adopted by resolution of the City Council. We a lso compared the populatio
n and inflation options included in the aforementioned worksheet to those that were selected by a recorded vote of the City Council.

No exceptions were noted as a result of this procedure.

2. For the accompanying Appropriations Limit Worksheet No. 6, we added last year’s limit to the total adjustments and compared the resulting amount to this year’s limit. We also recalculated the adjustment factor and the adjustment for inflation and population and compared the results to the amounts on
Appropriations Limit Worksheet No. 6.

No exceptions were noted as a result of our performing this procedure.

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Honorable Mayor and Members
of the City Council
City of Colton
(2)

3. We compared the prior-year appropriations limit presented in the accompanying Appropriations Limit W
orksheet No. 6 to the prior-year appropriations limit adopted by the City Council for the pr ior year
.

No exceptions were noted as a result of our performing this procedure.

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordan
ce with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the accompanying Appropriations Limit Worksheet No. 6. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the City Council and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties.

CliftonLarsonAllen LLP
Irvine, California
January 29, 2026

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CITY OF COLTON
APPROPRIATIONS LIMIT WORKSHEET NO. 6
YEAR ENDED JUNE 30, 2025
See accom
panying Notes to Appropriations Limit Worksheet No. 6.
(3)
Appropriations Limit for Fiscal Year Ended June 30, 2024 (Note 2) 103,820,287 $ Adjustment Factors for the Fiscal Year Ended June 30, 2025 (Note 2):

Inflation Population
Factor Factor Combined
(Note 3) (Note 4) Factor

1.0362 1.0042 1.0406 0.0406
Adjustment for Inflation and Population 4,210,125
Other Adjustments (Note 5) -
Total Adjustments 4,210,125
Appropriations Limit for Fiscal Year Ended June 30, 2025 108,030,412$

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COLTON GANN
NOTES TO APPROPRIATIONS LIMIT WORKSHEET NO. 6
JUNE 30, 2025
(4)
NOTE 1 PURPOSE OF AGREED UPON PROCEDURE REVIEW
Under Article XIIIB of the California Constitution (the Gann Spending Limitation Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes. Effective for years beginning on or after July 1, 1990, under Section 1.5 of Article XIIIB, the annual calculation of the appropriations limit is subject to agreed-upon procedures review in connection with the annual audit.

NOTE 2 METHOD OF CALCULATION
Under Section 10.5 of Article XIIIB, for fiscal years beginning on or after July 1, 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986-87, adjusted for the inflation and population factors discussed at Notes 3 and 4 below.

NOTE 3 INFLATION FACTORS
A California governmental agency may adjust it s appropriations limit by either the percentage change in California per capita personal income from the preceding year (which is supplied by the State Department of Finance), or the percentage change in the local assessment roll from the preceding year due to the change of local nonresidential construction. The factor adopted by the City of Colton (the City) for fiscal year 2024-25 represents the annual percentage change in the per capita personal income from the preceding year.

NOTE 4 POPULATION FACTORS
A California governmental agency may adjust its appropriations limit by either the annual percentage change of the jurisdiction’s own population or the annual percentage change in population in the county where the jurisdiction is located. The factor adopted by the City for fiscal year 2024-25 represents the annual percentage change in population for the county in where the City is located.

NOTE 5 OTHER ADJUSTMENTS
A California government agency may be required to adjust its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services to, or from, another government agency or private entity. T he City had no such adjustments for the year ended June 30, 2025.

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Item: 3.

Staff Report

Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Thomas Cody, HR & Risk Management Director Item Name: Labor Side Letter - Teamsters Mid-Managers Group - Adopt a Resolution Approving a Side Letter with the Teamsters, Mid-Manager Group Clarifying Language Pertaining to Incentive Pay, Resolution No. R-17-26.

Recommended Action:

Adopt Resolution No. R-17-26, which involves taking the following action in the order listed:

1. Approve the side letter to the Memorandum of Understanding (MOU) between the City of Colton and the Teamsters, Local 1932 Mid-Manager Employees Unit ("MID-MANAGER"); and

2. Authorize the City Manager to execute the side letter agreement.

Background:

Recently, City of Colton representatives were contacted by CalPERS (California Public Employees Retirement System) regarding Incentive Pay for employees of the Mid-Manager Unit. It was discovered that the language pertaining to Incentive Pay is not compliant under the PERL (Public Employees’ Retirement Law) and PEPRA (Public Employees’ Pension Reform Act of 2013). Consequently, employees would not be eligible for reportable income in compliance with the PERL and PEPRA.

Representatives from the City of Colton and Mid-Manager Unit have met and conferred in good faith to update the language in the MOU. Since the City and the Mid-Manager Unit have previously bargained for the actual Incentive Pay (5%) to be effective January 1, 2021, the intent is to merely revise the language. This will provide the benefit to members of the Mid-Manager Unit in order to receive reportable income as part of their compensable salary and pension calculations. The language has been vetted through BB&K, and CalPERS to provide adequate and compliant language satisfying the PERL and PEPRA requirements. The City requests the language in the MOU be revised, and a side letter will incorporate such changes.

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Issues/Analysis:

The City of Colton and the Teamsters, Local 1932 Mid-Manager Employees Unit have an active MOU effective from January 1, 2021 to June 30, 2026, and language pertaining to Incentive Pay that provides additional compensation related to certificates, licenses, and degrees for Mid- Manager members. CalPERS has determined that the language is not compliant with Title 2 of California Code of Regulations sections 571 and 571.1 of PERL and will not be used in pension calculations. The City and representatives of the Mid-Manager Unit have met and conferred in good faith and have reached an agreement to clarification the Incentive Pay language to comply with the PERL and PEPRA requirements.

Language relating to compensation for a license is separate from the language relating to compensation for a certificate or degree. Subsequently, the City and Mid-Manager Unit understands that compensation for the license is not compliant as educational incentive, and the language explicitly states that any compensation reported to CalPERS as educational incentive must comply with Title 2 of California Code of Regulations 571 and 571.1.

Members of the Mid-Manager Unit will continue to receive pay for their licenses however, the compensation will not be reported to CalPERS as reportable income. Members of the Mid- Manager Unit will receive compensation for a certificate or degree and the compensation will be reported to CalPERS under the PERL and PEPRA requirements. The language in the attached side letter satisfies CalPERS, the PERL, and PEPRA requirements. The language shall be effective January 1, 2021.

Fiscal Impacts:

There is no fiscal impact. As part of the adopted fiscal year budget, the Finance Department budgeted for all personnel afforded this MOU benefit and accounted for education incentive pay to be subject to pensionable compensation.

Alternatives:

Provide alternative direction to staff, as desired.

Attachments:

1. Resolution R-17-26 Approving Side Letter in Mid Manager MOU Education Incentive Pay

2. 3-3-26 Colton_Teamsters MM_LOA_CalPERS Educational Incentive-FINAL

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23152.06030\26491180.1

RESOLUTION NO. R-17-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON ADOPTING SIDE LETTER #4 AND CHANGES TO THE TERMS AND CONDITIONS OF EMPLOYMENT OF EMPLOYEES IN THE UNION OF THE TEAMSTERS LOCAL 1932

MID-MANAGER EMPLOYEE UNIT (MM)

WHEREAS, the City of Colton (City) and the Teamsters Local 1932 Mid-Manager Employee Unit (MM) have an active Memorandum of Understanding (MOU) effective January 1, 2021 to June 30, 2026. The City and Mid-Managers mutually agree to revise language regarding Incentive Pay for its members. Representatives from the City and Mid-Manager have met and conferred in good faith to update language pertaining to members receiving compensable salary and pensionable earnings on Incentive Pay; and

WHEREAS, CalPERS (California Public Employees Retirement System) has determined that the language is not compliant with Title 2 California Code of Regulations sections 571 and 571.1 of Public Employees’ Retirement Law (PERL) and will not be used in pension calculations.

WHEREAS, the City Council shall approve Teamsters Mid-Manager Side Letter #4 between the City of Colton and Teamsters Mid-Manager Unit to become compliant with the Public Employees’ Retirement Law (PERL) and Public Employees’ Pension Reform Act of 2013 (PEPRA); and

WHEREAS, the City and Mid-Manager Unit agree to clarify that the approval process for certificates and degrees require confirmation of the certificate or degree and that the certificate or degree enhances an employee’s ability to perform their normal job functions; and

WHEREAS, the City and Mid-Manager Unit agree to clarify that compensation for licenses is not compliant for educational incentive pay as defined in the PERL and PEPRA and will not be used in pension calculations.

NOW THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Colton, California, as follows:

SECTION 1. The California Public Employees’ Retirement System has determined that the language in the MOU is not compliant with Title 2 California Code of Regulations sections 571 and 571.1 of the Public Employees’ Retirement Law (PERL), and shall be revised to the following;

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23152.06030\26491180.1 - 2 -

A. Article II (Compensation), Section 16 (Incentive Pay) shall be revised in its entirety as follows:

“Effective January 1, 2021, the City agrees to pay an additional five percent (5%) of base pay for any certificate or Associate of Arts degree, Bachelor’s degree, or Master’s degree from an accredited college or university above or beyond that which is required as part of the minimum requirements for the job when it enhances and employee’s ability to perform the normal job functions of their position. The incentive pay must be tied to the job description and is subject to confirmation by the City that the education enhances an employee’s ability to perform the normal job functions of their position.

For example: the Accountant position in the City requires a higher education degree, preferably a bachelor's degree. If an Accountant obtains a certificate in accounting (usually 12 units) this would not qualify for the incentive pay as the education component is already inherent within the job requirements. However, if an Accounting Technician I were to receive a generally accepted accounting certificate from a college or university, the incentive pay may be considered as appropriate since an education preference is not inherent within the job requirements and would enhance an employee’s ability to perform their normal job functions.

The City agrees to pay an additional five percent (5%) of base pay for any license (generally accepted within the respective field) above or beyond that which is required as part of the minimum requirements for the job. The incentive pay must be tied to the job description and is subject to recommendation by the Department Director with approval by the Human Resources Director or designee and the City Manager.

To the extent that compensation for a degree or certificate qualifies as “educational incentive” special compensation under Title 2 California Code of Regulations sections 571 and 571.1 of the Public Employees’ Retirement Law, it shall be reported to CalPERS as additional compensation for use in retirement calculations. However, any compensation paid to an employee that is related to any license pay as described in the paragraph above shall not be reported as additional compensation to CalPERS, since it does not meet the definition of “educational incentive.”

Incentive Pay is non-cumulative and the maximum compensation an employee is eligible to receive is five percent (5%).”

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SECTION 2. City Council hereby adopts the change to the terms and conditions of employment for the Teamsters Local 1932 Mid-Manager Employee Unit, retroactively effective on January 1, 2021.

SECTION 3. The City Manager is authorized to execute the implementation of this MOU Side Letter on the City’s behalf.

PASSED, APPROVED AND ADOPTED this 3 rd day of March, 2026.

______________________________
Frank J. Navarro, Mayor
ATTEST:

____________________________
Issac T. Suchil, City Clerk

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Letter of Agreement #4
Between City of Colton and
The Teamsters, Local 1932 Mid-Manager Employees Unit
WHEREAS, the City of Colton ("CITY") and the Teamsters, Local 1932 Mid- Manager Employees Unit ("MID-MANAGER") (collectively, the “PARTIES”) are parties to a Memorandum of Understanding ("MOU") that is in effect from January 1, 2021 to June 30, 2026, and governs generally the wages, hours and other terms and conditions of employment of the classifications represented by the MID-MANAGER; WHEREAS, Article II of the MOU provides for the terms of compensation for MID- MANAGER members;
WHEREAS, Article II, Section 16: Incentive Pay of the MOU provides for the terms of additional compensation related to certificates, licenses, and degrees for MID- MANAGER members;
WHEREAS, the California Public Employees’ Retirement System has determined that the language in Section 16 is not compliant with Title 2 California Code of Regulations sections 571 and 571.1 of the Public Employees’ Retirement Law (“PERL”); WHEREAS, the PARTIES have met and conferred in good faith and have reached an agreement to establish clarifications to Section 16: Incentive Pay in order to comply with the PERL;
WHEREAS, the PARTIES wish to clarify that the approval process for certificates and degrees require confirmation of the certificate or degree and that the certificate or degree enhances and employee’s ability to perform their normal job functions; and WHEREAS, the PARTIES wish to clarify that compensation for licenses is not compliant educational incentive as defined in the PERL and will not be used in pension calculations.

THEREFORE, IT IS AGREED AS FOLLOWS:

1. Article II (Compensation), Section 16 (Incentive Pay) shall be revised in its entirety as follows:
“Effective January 1, 2021, the City agrees to pay an additional five percent (5%) of base pay for any certificate or Associate of Arts degree, Bachelor’s degree, or Master’s degree from an accredited college or university above or beyond that which is required as part of the minimum requirements for the job when it enhances and employee’s ability to perform the normal job functions of their position. The incentive pay must be tied to the job description and is subject to confirmation by the City that the education enhances an employee’s ability to perform the normal job functions of their position.

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However, any compensation paid to an employee that is related to any license pay as described in the paragraph above shall not be reported as additional compensation to CalPERS, since it does not meet the definition of “educational incentive.”

Incentive Pay is non-cumulative and the maximum compensation an employee is eligible to receive is five percent (5%).”

2. This Letter of Agreement shall be in effect retroactively as of January 1, 2021.

3. All other provisions in Article II of the MOU shall remain in full force and effect.

WE AGREE TO THE ABOVE:

CITY OF COLTON
_____________________ __________________
William R. Smith Date
City Manager

TEAMSTERS, LOCAL 1932 MID-MANAGER EMPLOYEES UNIT

_____________________ __________________
Juan Delgado Date
Teamsters Unit Representative

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Item: 4.

Staff Report

Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Bill Smith, City Manager
Item Name: Ballot Measure - City Clerk/City Treasurer Positions - Approve Resolution or Resolutions, to Place Ballot Measure(s) before Voters at the November 3, 2026 Election to Change the City Clerk and/or City Treasurer Positions from Elected Positions to Appointed Positions, Resolution No. R-18-26, R-19-26, and R-20-26.

Recommended Action:

Depending upon the direction of the Council, take the following actions:

1.) Adopt Resolution No. R-18-26 to place a ballot measure before the voters at the November 3, 2026 General Municipal Election to change the City Clerk position from elected to appointed. This measure would not affect the City Treasurer position.

2.) Adopt Resolution No. R-19-26 to place a ballot measure before the voters at the November 3, 2026 General Municipal Election to change the City Treasurer position from elected to appointed. This measure would not affect the City Clerk position.

3.) Adopt Resolution No. R-20-26 to place a ballot measure before the voters at the November 3, 2026 General Municipal Election to change both the City Clerk and City Treasurer positions from elected to appointed.

Background:

State law requires each city to have a City Clerk and City Treasurer, either elected or appointed.

The offices of City Clerk and City Treasurer are currently elected positions in Colton.

California Government Code Section 36508 provides that the City Council may submit ballot measures to the voters asking whether the office of City Clerk, City Treasurer, or both shall be appointive. If approved by a majority of the voters voting on the measure(s), the City Clerk and/or City Treasurer would become appointed positions at the expiration of the terms of the incumbent officer(s) (i.e., in November, 2028) or when either position becomes vacant,

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whichever occurs first. Government Code Section 36510 allows the City Council the option to adopt an ordinance to vest appointment authority for both offices with the City Manager.

Isaac Suchil serves as the current elected City Clerk. Michael Razo serves as the current elected City Treasurer. Both were elected at the November 5, 2024 General Municipal Election and the terms for both offices will expire in November, 2028.

At its February 3, 2026 meeting, the City Council directed Staff to bring back the appropriate documents to place either one or two measures on the ballot to change the City Clerk and/or City Treasurer positions from elected to appointed positions.

Issues/Analysis:

Elections Code Section 9222 authorizes the City Council “. . . to submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special city election. . . “

The Elections Code authorizes the Council to place a single or multiple measures on the November 3, 2026 General Municipal/Statewide General Election ballot.

As authorized by California Government Code section 36508, a set of alternative Resolutions are attached to this Staff report which would place one or two measures on the November 3, 2026 election date.

Resolution No. R-18-26 places a ballot measure to change the City Clerk position only.

Resolution No. R-19-26 places a ballot measure to change the City Treasurer position only.

Resolution No. R-20-26 places a ballot measure to change both the City Clerk and City Treasurer positions.

If the Council wishes to have voters consider both offices separately, the Council should adopt the first two resolutions. This will allow voters to say “Yes” to one question and “No” to another. However, the City will incur the cost of placing two measures on the ballot.

If the Council wishes to have voters consider both offices in one combined measure, the Council should adopt the last resolution. This will limit the City’s costs by placing only one measure on the ballot. However, the question will be an “all or nothing” proposition for both offices.

Further, if the Council’s direction is place any of these measures on the June 2, 2026 Election, the City Attorney’s Office will take such direction tonight and edit the election resolutions as appropriate for the Mayor’s signature and submittal to the County Registrar of Voters.

Fiscal Impacts:

The cost to place a measure on the November 3, 2026 General Municipal/Statewide General Election ballot is unknown at this time, pending further information from the Registrar of Voters

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(ROV). The last similar ballot measure at the November 5, 2024 election, Measure T, cost the City $45,989. Note that if City Council elects to put separate measures on the ballot for each position, this cost will likely double. Once an estimate is received from ROV, this updated number will be budgeted in the Fiscal Year 2026-2027 budget.

Alternatives:

City Council may provide alternative direction to staff as desired.

Attachments:

1. R-18-26 City Clerk

2. R-19-26 City Treasurer

3. R-20-26 City Clerk-City Treasurer

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Appointed City Clerk Only

RESOLUTION NO. R-18-26

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

CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF COLTON A MEASURE AMENDING SECTION 2.12.010 OF CHAPTER 2.12 AND ADDING CHAPTER 2.14 (CITY CLERK) TO TITLE 2 (ADMINISTRATION AND

PERSONNEL) OF THE COLTON MUNICIPAL CODE TO CHANGE THE

OFFICE OF CITY CLERK FROM AN ELECTED OFFICE TO AN APPOINTED

OFFICE, AT A GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2026; AND SETTING RULES AND DEADLINES FOR THE SUBMITTAL OF

ARGUMENTS FOR AND AGAINST THE MEASURE

WHEREAS, pursuant to California Government Code section 36501(b), the office of the Colton City Clerk is currently an elected office; and

WHEREAS, the office of City Clerk stands for election every four years; and

WHEREAS, Mr. Isaac Suchil is the current City Clerk who was last elected at the November 5, 2024 General Municipal Election and the current term for this office will expire in November, 2028; and

WHEREAS, California Government Code sections 36508 and 36510 provide that:

“At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers, or any of them except council members, shall be appointed by the city council; provided, however, that the city council shall not submit such question to the electors more often than once in an 11-month period.

. . . . .

If a majority of the votes cast on the proposition is for it, the city council shall appoint such officers at the expiration of the terms of the officers then in office, and on a vacancy in any such office. Such officers shall hold office during the pleasure of the city council and, notwithstanding [Government Code] Section 36502 to the contrary, are not required to be residents or electors in the city. The city council may by ordinance vest in the city manager its authority to appoint such officers.”

WHEREAS, California Elections Code section 9222 authorizes the City Council to submit local measures to the voters; and

WHEREAS, the City Council desires to submit to Colton voters a measure that would change the office of City Clerk from an elected office to an appointed office; and

WHEREAS, the question of an appointed City Clerk has not been submitted to Colton voters within the last 11 months; and

WHEREAS, the City Council desires to consolidate the General Municipal Election for the ballot measure described herein with the Statewide General Election to be held on November 3, 2026; and

WHEREAS, the City Council further desires to set rules and deadlines for the submittal of written arguments and rebuttals for and against the measure; and

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WHEREAS, the specific terms of the measure are provided for in the ordinance to be considered by the qualified voters, attached hereto as Exhibit “A” (the “Ordinance” or “Measure”) and by this reference made an operative part hereof, and in accordance with all applicable laws.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.

SECTION 2. Submission of Ballot Ordinance/Measure. The City Council of the City, pursuant to its right and authority as contained in California Elections Code section 9222 and Government Code section 36508, hereby orders the Ordinance/Measure attached hereto as Exhibit “A” to be submitted to the qualified voters of the City at the General Municipal Election to be held and consolidated with the Statewide General Election on Tuesday, November 3, 2026. The proposed Ordinance shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein.

SECTION 3. Ballot Question. The City Council, pursuant to its right and authority under California Government Code section 36509(b), does hereby order that the ballot question shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section

3. On the ballot to be submitted to the qualified voters at the election to be held at the General Municipal Election to be consolidated with the Statewide General Election on Tuesday, November 3, 2026, in addition to any other matters required by law, there shall be printed substantially the following ballot question:

YES
“Shall the office of Colton City Clerk be appointive?”
NO

SECTION 4. Election Procedures/Request for Consolidation.

A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 3, 2026, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418.

B. The ballots to be used at the election shall be in the form and content as required by law.

C. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of San Bernardino County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 3, 2026, and to having the Registrar of Voters render such election services to the City of Colton as may be requested by the City Clerk’s Office of said City, the County of San Bernardino to be reimbursed in full for such services as are performed.

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by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk’s Office of the City of Colton; and the performance of such other election services as may be requested by the City Clerk.

E. The City Clerk’s Office is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia, or cause such actions to be made, that may be necessary in order to properly and lawfully conduct the election.

F. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of San Bernardino; and

G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

H. Notice of the time and place of holding the election is given and the City Clerk’s Office is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.

K. The City Clerk’s Office of the City of Colton shall receive the canvass as it pertains to the election on the measure, and shall certify the results to the City Council, as required by law.

SECTION 5. Arguments and Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including Monday, July 20, 2026 at 5:00 p.m. after which no arguments for or against the measure may be submitted to the City Clerk. Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk’s Office to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an

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impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. The City Attorney shall transmit such impartial analysis to the City Clerk’s Office, who shall cause the analysis to be published in the ballot pamphlet along with the ballot measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (909) 370-5001 and a copy will be mailed at no cost to you.”

SECTION 6. Rebuttals.

A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk’s Office has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk’s Office shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk’s Office not later than Friday, July 24, 2026 at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. That the provisions herein shall apply only to the election to be held on November 3, 2026, and shall then be repealed.

SECTION 7. Placement on the Ballot. The full text of the Ballot Ordinance shall be printed in the voter pamphlet, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this ordinance, the Ballot Ordinance and/or ballot measure, at no cost, upon request made to the City Clerk’s Office.

SECTION 8. Delivery of Resolution to County. The City Clerk’s Office shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk’s Office to deliver copies of this Resolution, including the Ballot Measure attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County not later than 88 days prior to the General Municipal Election.

SECTION 9. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

SECTION 10. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

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SECTION 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, California, at a regular meeting held on this 3rd day of March, 2026.

___________________________________

FRANK NAVARRO, MAYOR

CERTIFICATION FOR RESOLUTION NO. R-18-26

I, Isaac Suchil, City Clerk of the City Council of the City of Colton, California, do hereby certify that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Colton on the 3rd day of March, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED AS TO FORM:

__________________________________ _________________________________

ISAAC SUCHIL CARLOS CAMPOS

CITY CLERK CITY ATTORNEY

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EXHIBIT “A”

ORDINANCE NO. O-18-26

AN ORDINANCE OF THE PEOPLE OF THE CITY OF COLTON, CALIFORNIA, AMENDING SECTION 2.12.010 OF CHAPTER 2.12 AND ADDING CHAPTER

2.14 (CITY CLERK) TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF

THE COLTON MUNICIPAL CODE TO CHANGE THE OFFICE OF CITY
CLERK FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE.

NOW THEREFORE, THE PEOPLE OF THE CITY OF COLTON DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a majority of the voters of the City of Colton at the scheduled election so designated by the City Council in a separate resolution placing this proposal on the ballot for such election, Section 2.12.010 of Chapter 2.12 is amended and Chapter 2.14 is hereby added to Title 2 of the Colton Municipal Code and shall read as follows:

[NOTE: deletions are identified in strikeout text and additions are identified in bold italics]

"TITLE 2: ADMINISTRATION AND PERSONNEL.

CHAPTER 2.12 - COMPENSATION OF CITY OFFICIALS - BONDS

2.12.010 - City Clerk.

As consideration for those duties required by State Law to be performed by the City Clerk, tThe appointed City Clerk Shall be paid a salary as set by the City Council of three hundred seventy dollars per Month, payable at the time and in the manner that other salaries of the City are paid. The City Council May also, in its sole discretion, Shall assign to the appointed City Clerk, through the adoption of a job description, any other supplemental those duties reasonably related to the elected appointed City Clerk position, and May Shall provide by Resolution for the administrative oversight of and compensation to be paid for such supplemental duties and for supplemental compensation to be paid for such supplemental duties. The City Council May also provide for such duties to be terminated in any manner it deems necessary. The City Clerk's acceptance and performance of the supplemental duties and supplemental compensation Shall not give the City Clerk tenure at the City or otherwise confer regular employment status upon the City Clerk.

. . . .

CHAPTER 2.14 – APPOINTED CITY CLERK

2.14.010 Appointed Position.

As of the November 7, 2028 General Municipal Election, or such earlier time should a vacancy occur in the office prior to said Election, the office of the City Clerk shall be cease to be elected and shall become an appointive office. Pursuant to California Government Code section 36510, such appointive officer shall hold office during the pleasure of the City Council and, notwithstanding Government Code section 36502 to the contrary, shall not be required to be a resident or elector in the City. The City Council may by subsequent ordinance vest in the City Manager its authority to appoint such officer.”

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SECTION 2. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.

SECTION 3. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of Colton which are in conflict with any provision of this Ordinance.

SECTION 4. This section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at a General Municipal Election, or at a special election called for that purpose.

SECTION 5. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Colton voting at a General Municipal Election to be held on November 3, 2026, and shall take effect ten (10) days after the City Council has certified the results of the General Municipal Election by resolution.

SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 3, 2026, by signing where indicated below.

I hereby certify that the foregoing Ordinance was passed, approved and adopted by the People of the City of Colton on the 3rd day of November, 2026.

Dated: _______________________ ______________________________

FRANK NAVARRO, MAYOR

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________

ISAAC SUCHIL CARLOS CAMPOS

CITY CLERK CITY ATTORNEY

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Appointed City Treasurer Only

RESOLUTION NO. R-19-26

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

CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF COLTON A MEASURE AMENDING SECTION 2.12.020 OF CHAPTER 2.12 AND ADDING CHAPTER 2.15 (CITY TREASURER) TO TITLE 2 (ADMINISTRATION

AND PERSONNEL) OF THE COLTON MUNICIPAL CODE TO CHANGE THE

OFFICE OF CITY TREASURER FROM AN ELECTED OFFICE TO AN

APPOINTED OFFICE, AT A GENERAL MUNICIPAL ELECTION TO BE

CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON NOVEMBER 3, 2026; AND SETTING RULES AND DEADLINES FOR

THE SUBMITTAL OF ARGUMENTS FOR AND AGAINST THE MEASURE

WHEREAS, pursuant to California Government Code section 36501(c), the office of the Colton City Treasurer is currently an elected office; and

WHEREAS, the office of City Treasurer stands for election every four years; and

WHEREAS, Mr. Michael Razo is the current City Treasurer who was last elected at the November 5, 2024 General Municipal Election and the current term for this office will expire in November, 2028; and

WHEREAS, California Government Code sections 36508 and 36510 provide that:

. . . . .

WHEREAS, California Elections Code section 9222 authorizes the City Council to submit local measures to the voters; and

WHEREAS, the City Council desires to submit to Colton voters a measure that would change the office of City Treasurer from an elected office to an appointed office; and

WHEREAS, the question of an appointed City Treasurer has not been submitted to Colton voters within the last 11 months; and

WHEREAS, the City Council desires to consolidate the General Municipal Election for the ballot measure described herein with the Statewide General Election to be held on November 3, 2026; and

WHEREAS, the City Council further desires to set rules and deadlines for the submittal of written arguments and rebuttals for and against the measure; and

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 3. Ballot Question. The City Council, pursuant to its right and authority under California Government Code section 36509(c), does hereby order that the ballot question shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section

YES
“Shall the office of Colton City Treasurer be appointive?” NO

SECTION 4. Election Procedures/Request for Consolidation.

B. The ballots to be used at the election shall be in the form and content as required by law.

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G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.

K. The City Clerk’s Office of the City of Colton shall receive the canvass as it pertains to the election on the measure, and shall certify the results to the City Council, as required by law.

SECTION 5. Arguments and Analysis.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk’s Office to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an

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SECTION 6. Rebuttals.

B. That the provisions herein shall apply only to the election to be held on November 3, 2026, and shall then be repealed.

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SECTION 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, California, at a regular meeting held on this 3rd day of March, 2026.

___________________________________

FRANK NAVARRO, MAYOR

CERTIFICATION FOR RESOLUTION NO. R-19-26

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED AS TO FORM:

__________________________________ _________________________________

ISAAC SUCHIL CARLOS CAMPOS

CITY CLERK CITY ATTORNEY

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EXHIBIT “A”

ORDINANCE NO. O-19-26

AN ORDINANCE OF THE PEOPLE OF THE CITY OF COLTON, CALIFORNIA, AMENDING SECTION 2.12.020 OF CHAPTER 2.12 AND ADDING CHAPTER

2.15 (CITY TREASURER) TO TITLE 2 (ADMINISTRATION AND PERSONNEL)

OF THE COLTON MUNICIPAL CODE TO CHANGE THE OFFICE OF CITY TREASURER FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE.

NOW THEREFORE, THE PEOPLE OF THE CITY OF COLTON DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a majority of the voters of the City of Colton at the scheduled election so designated by the City Council in a separate resolution placing this proposal on the ballot for such election, Section 2.12.020 of Chapter 2.12 is amended and Chapter 2.15 is hereby added to Title 2 of the Colton Municipal Code and shall read as follows:

[NOTE: deletions are identified in strikeout text and additions are identified in bold italics]

"TITLE 2: ADMINISTRATION AND PERSONNEL.

CHAPTER 2.12 - COMPENSATION OF CITY OFFICIALS - BONDS

2.12.020 - City Treasurer.

The appointed Treasurer of the City shall be paid a salary as set by the City Council of four hundred and seven dollars and zero cents ($407.00) per month payable at the time and in the manner that other salaries are paid. The City Council may provide by Resolution for supplemental compensation.

. . . .

CHAPTER 2.15 – APPOINTED CITY TREASURER

2.15.010 Appointed Position.

As of the November 7, 2028 General Municipal Election, or such earlier time should a vacancy occur in the office prior to said Election, the office of the City Treasurer shall be cease to be elected and shall become an appointive office. Pursuant to California Government Code section 36510, such appointive officer shall hold office during the pleasure of the City Council and, notwithstanding Government Code section 36502 to the contrary, shall not be required to be a resident or elector in the City. The City Council may by subsequent ordinance vest in the City Manager its authority to appoint such officer.”

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SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 3, 2026, by signing where indicated below.

I hereby certify that the foregoing Ordinance was passed, approved and adopted by the People of the City of Colton on the 3rd day of November, 2026.

Dated: _______________________ ______________________________

FRANK NAVARRO, MAYOR

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________

ISAAC SUCHIL CARLOS CAMPOS

CITY CLERK CITY ATTORNEY

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Appointed City Clerk and City Treasurer

RESOLUTION NO. R-20-26

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

CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF COLTON A MEASURE AMENDING SECTIONS 2.12.010 AND 2.12.020 OF CHAPTER 2.12 AND ADDING CHAPTER 2.14 (CITY CLERK) AND CHAPTER

2.15 (CITY TREASURER) TO TITLE 2 (ADMINISTRATION AND PERSONNEL)

OF THE COLTON MUNICIPAL CODE TO CHANGE THE OFFICES OF CITY

CLERK AND CITY TREASURER FROM ELECTED OFFICES TO APPOINTED

OFFICES, AT A GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2026; AND SETTING RULES AND DEADLINES FOR THE SUBMITTAL OF

ARGUMENTS FOR AND AGAINST THE MEASURE

WHEREAS, pursuant to California Government Code section 36501(b), the office of the Colton City Clerk is currently an elected office; and

WHEREAS, pursuant to California Government Code section 36501(c), the office of the Colton City Treasurer is also currently an elected office; and

WHEREAS, the offices of both City Clerk and City Treasurer stand for election every four years; and

WHEREAS, Mr. Isaac Suchil is the current City Clerk who was last elected at the November 5, 2024 General Municipal Election and the current term for this office will expire in November, 2028; and

WHEREAS, Mr. Michael Razo is the current City Clerk who was last elected at the November 5, 2024 General Municipal Election and the current term for this office will expire in November, 2028; and

WHEREAS, California Government Code sections 36508 and 36510 provide that:

. . . . .

WHEREAS, California Elections Code section 9222 authorizes the City Council to submit local measures to the voters; and

WHEREAS, the City Council desires to submit to Colton voters a measure that would change the offices of City Clerk and City Treasurer from elected offices to appointed offices; and

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WHEREAS, the question of an appointed City Clerk and/or City Treasurer has not been submitted to Colton voters within the last 11 months; and

WHEREAS, the City Council desires to consolidate the General Municipal Election for the ballot measure described herein with the Statewide General Election to be held on November 3, 2026; and

WHEREAS, the City Council further desires to set rules and deadlines for the submittal of written arguments and rebuttals for and against the measure; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 3. Ballot Question. The City Council, pursuant to its right and authority under California Government Code section 36509(a), does hereby order that the ballot question shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section

YES
“Shall the offices of Colton City Clerk and Colton City Treasurer be appointive?”
NO

SECTION 4. Election Procedures/Request for Consolidation.

B. The ballots to be used at the election shall be in the form and content as required by law.

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services to the City of Colton as may be requested by the City Clerk’s Office of said City, the County of San Bernardino to be reimbursed in full for such services as are performed.

D. The election services which the City of Colton requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots and voter information guides; the establishment or appointment of precincts, voting centers, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk’s Office of the City of Colton; and the performance of such other election services as may be requested by the City Clerk.

G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.

K. The City Clerk’s Office of the City of Colton shall receive the canvass as it pertains to the election on the measure, and shall certify the results to the City Council, as required by law.

SECTION 5. Arguments and Analysis.

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City of Colton
Resolution No. R-20-26

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at least one of its principal officers who is the author of the argument.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk’s Office to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. The City Attorney shall transmit such impartial analysis to the City Clerk’s Office, who shall cause the analysis to be published in the ballot pamphlet along with the ballot measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (909) 370-5001 and a copy will be mailed at no cost to you.”

SECTION 6. Rebuttals.

B. That the provisions herein shall apply only to the election to be held on November 3, 2026, and shall then be repealed.

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City of Colton
Resolution No. R-20-26

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changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

SECTION 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, California, at a regular meeting held on this 3rd day of March, 2026.

___________________________________

FRANK NAVARRO, MAYOR

CERTIFICATION FOR RESOLUTION NO. R-26-___

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED AS TO FORM:

__________________________________ _________________________________

ISAAC SUCHIL CARLOS CAMPOS

CITY CLERK CITY ATTORNEY

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City of Colton
Resolution No. R-20-26

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EXHIBIT “A”

ORDINANCE NO. O-20-26

AN ORDINANCE OF THE PEOPLE OF THE CITY OF COLTON, CALIFORNIA, AMENDING SECTIONS 2.12.010 AND 2.12.020 OF CHAPTER 2.12 AND ADDING CHAPTER 2.14 (CITY CLERK) AND CHAPTER 2.15 (CITY TREASURER) TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE COLTON

MUNICIPAL CODE TO CHANGE THE OFFICES OF CITY CLERK AND CITY TREASURER FROM ELECTED OFFICES TO APPOINTED OFFICES.

NOW THEREFORE, THE PEOPLE OF THE CITY OF COLTON DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a majority of the voters of the City of Colton at the scheduled election so designated by the City Council in a separate resolution placing this proposal on the ballot for such election, Sections 2.12.010 and 2.12.020 of Chapter 2.12 are amended and Chapters 2.14 and 2.15 are hereby added to Title 2 of the Colton Municipal Code and shall read as follows:

[NOTE: deletions are identified in strikeout text and additions are identified in bold italics]

"TITLE 2: ADMINISTRATION AND PERSONNEL.

CHAPTER 2.12 - COMPENSATION OF CITY OFFICIALS - BONDS

2.12.010 - City Clerk.

2.12.020 - City Treasurer.

. . . .

CHAPTER 2.14 – APPOINTED CITY CLERK

2.14.010 Appointed Position.

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City of Colton
Resolution No. R-20-26

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. . . .

CHAPTER 2.15 – APPOINTED CITY TREASURER

2.15.010 Appointed Position.

SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 3, 2026, by signing where indicated below.

I hereby certify that the foregoing Ordinance was passed, approved and adopted by the People of the City of Colton on the 3rd day of November, 2026.

Dated: _______________________ ______________________________

FRANK NAVARRO, MAYOR

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City of Colton
Resolution No. R-20-26

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ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________

ISAAC SUCHIL CARLOS CAMPOS

CITY CLERK CITY ATTORNEY

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Item: 1.

Staff Report

Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Isaac T. Suchil, City Clerk
Item Name: Minutes - Approval of Minutes for the City Council Regular Meeting Held on February 03, 2026, on File in the Office of the City Clerk.

Recommended Action:

Approval of Minutes for the City Council Regular Meeting Held on February 03, 2026.

Background:

BACKGROUND
Minutes for the City Council Regular Meeting Held on February 03, 2026.

Issues/Analysis:

N/A

Fiscal Impacts:

N/A

Alternatives:

N/A

Attachments:

1. Minutes Draft

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City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

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

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

Minutes
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, February 3, 2026 – 5:00 PM
City Hall, Council Chambers

Closed Session
5:00 p.m.

Closed Session Called to Order
Closed Session meeting was called to order at 5:00 P.M. in the Council Chamber of City Hall, with Mayor Frank J. Navarro presiding.

Roll Call
Council members present were David J. Toro, Luis S. González, John Echevarria, and Mayor Frank J. Navarro; Council Member Kelly J. Chastain joined closed session at 5:05pm.

The City Clerk, Isaac T. Suchil, was absent and excused.

Staff present were William R. Smith, City Manager, Carlos Campos, City Attorney, and Stephanie M. Vargas, Chief Deputy City Clerk.
______________________________________________________________________________ Public Comment - Closed Session
There were no public comments.
______________________________________________________________________________________

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Closed Session
City Attorney, Carlos Campos, announced the City Council would meet in Closed Session to discuss Item 1.
1) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Ecology Recycling Services, LLC v. Southern California Edison, City of Colton, et al.

San Bernardino County Superior Court, Case No.CIVSB2304149 City Attorney Oral Report on Closed Session Actions
City Attorney Campos announced that the City Council met in Closed Session and discussed Closed Session Item 1; directions were given, but there was no reportable action.

Open Session
6:00 P.M.

Open Session Called to Order
Mayor Frank J. Navarro called Open Session to order at 6:00 P.M.

Invocation
Pastor Eric Strutz - The Door Church
Flag Salute
Veterans of Foreign Wars (VFW) - Bernie Moyeda
Roll Call
Council members present were David J. Toro, Kelly J. Chastain, Luis S. González, John Echevarria, and Mayor Frank J. Navarro.

City Clerk Isaac T. Suchil was absent and excused and City Treasurer Henry M. Razo was absent.

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Ceremonial Matters
Presentations, Awards, Proclamations
• New Employee Recognition - 10/1/25 through 12/31/25
Thomas Cody, Director of Human Resources, presented to Council eight new employees that were hired between 10/1/25 and 12/31/25. Finance Director, Stacey Dabbs; Electric Utilities Director, Charles Berry; and Police Chief, Anthony Vega, recognized and introduced each of their department's new hires.

The Following New Hires were Recognized:
o Mary Lou Padilla, Customer Service Rep I
o David Navar, Joint Pole Coordinator
o Ruben Briones, Power Line Technician
o Norman Starks, Police Officer
o Brett Hottel, Police Officer
o Juan Coello, Police Officer
o Jordan Campa, Police Officer
o Yanira Harris, Community Service Officer
Mayor and Council Items
Gift Disclosures - None
AB 1234 Oral Reports
Mayor Navarro and Council Member Chastain both reported that they attended the League of California Cities Inland Empire Division meeting, which was held January 29, 2026, in Grand Terrace, CA.

Appointments - None
Mayor and Council Discussion Items
1) Discussion and potential direction to staff regarding a ballot measure to convert existing City Clerk and City Treasurer positions from elected positions to appointed positions (CM Gonzalez).

MPT González presented an informative PowerPoint presentation and requested that the City Council direct staff to bring back an agenda item that would allow Council to consider adding a ballot measure to the June 2, 2026, Primary Election, which would give the residents of Colton the ability to decide whether the elected City Clerk and elected City

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Treasurer roles should be appointed offices. Council reached a consensus and directed staff to prepare the item to come back for consideration at a future council meeting.

Public Hearings
1) CDBG Project Prioritization Fiscal Year 2026-2027 - Time and Place Fixed to Consider a Public Hearing to Approve and Adopt a Resolution, Prioritizing Projects to be Funded by Community Development Block Grant (CDBG) Funds for Fiscal Year 2026- 2027, Resolution No. R-01-26.

Staff Person: Dawn Miller
Public Hearing Opened
Mayor Navarro announced the Public Hearing Open.

Chief Deputy City Clerk Vargas submitted the notice of Public Hearing (on file in the City Clerk's Office) and announced that there were no letters of opposition received for this item.

Staff Presentation
Dawn Miller, Assistant to the City Manager, presented to Council an overview of the agenda Item and requested approval of staff's recommendation.

Public Comment
The following community members addressed the Council:
• Anthony Cabrera

Public Hearing Closed
A motion was made to Close the Public Hearing by MPT González, with a second by CM Chastain.

Vote: Unanimous, Motion Passed

Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Director of Community Services, Deb Farrar.

Motion/Vote
A motion was made to approve the Item by MPT González, with a second by CM Chastain.

Vote: Unanimous, Motion passed

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2) Vacation of Approvals & Updated Agua Mansa Logistics Center Project - Time and Place Fixed to Consider a Public Hearing to Adopt Resolution No. R-04-26 to Void, Vacate, and Set Aside the Approvals Set Forth in City Council Resolutions Nos. R-60-23, R-73-23, R-15-24, R- 16-24, and R-17-24, and Ordinances Nos. O-06-23 and O-05-23; and to Consider Approval of an Architectural & Site Plan Review to Allow Construction of two New Warehouse/Office Buildings and Associated Site/Street Improvements, Conditional Use Permit to Allow Building 1 with a 130 Feet Building Height Instead of 50 Foot Maximum Height Limit, Tentative Parcel Map No. 20358 to Consolidate 11 lots into two Lots, Consideration of Approval of Historic Major Certificate of Appropriateness for Projects Located in the Agua Mansa Historic District Located within the M-2 (Heavy Industrial) Zone at 1400 & 1500 Agua Mansa Road; and Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance to approve a Development Agreement Between the City and IDI Agua Mansa, LLC for the Agua Mansa Logistics Center Project for Property Generally Located at 1400 Agua Mansa Road in the City of Colton (Case Index No. DAP-001-816), and Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance to approve a Development Agreement Between the City and Lineage Logistics, LLC for the Agua Mansa Logistics Center Project, for Property Generally Located at 1500 Agua Mansa Road and find the Updated Agua Mansa Logistics Center Project exempt from CEQA pursuant to State CEQA Guidelines section 15183 (Case File Index No. DAP-001-816), Resolution No. R-04-26, R-10-26, R-11-26, R-12-26, R-13-26. O-03-26, O-04-26.

Staff Person: Heidi Duron
Public Hearing Opened
Mayor Navarro announced the Public Hearing Open.

Chief Deputy City Clerk Vargas submitted the notice of Public Hearing (on file in the City Clerk's Office) and announced that there was one letter of opposition received for this item.

Staff Presentation
Heidi Duron, Director of Development Services, presented to Council an overview of the agenda item and requested approval of staff's recommendation.

Public Comment
The following community member addressed the Council:
• Marlene Salazar Pongs

Public Hearing Closed
A motion was made to Close the Public Hearing by MPT González, with a second by CM Toro.

Vote: Unanimous, Motion Passed

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Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Director of Development Services, Heidi Duron; City Attorney/Special Counsel for the City of Colton, Hannah Park; and Benjamin N. Patterson, Attorney with Allen Matkins, representing IDI Agua Mansa.

Motion/Vote
A motion was made to approve and adopt Resolution No. R-04-26, by CM Echevarria, with a second by CM Toro.

Vote: Unanimous, Motion passed

A motion was made to approve and adopt Resolution No's R-10-26, R-11-26, R-12-26, and to waive full reading, read by title only and approve Ordinance No's O-03-26 and O-04-26, by CM Echevarria, with a second by CM Toro.

Vote: Motion passed, with CM Chastain voting no

A motion was made to approve and adopt Resolution No R-13-26, by CM Echevarria, with a second by CM Toro.

Vote: Motion passed, with CM Chastain and CM Gonzalez voting no.

Business Items
1) Statement of Economic Interest - Report on 2026 Statement of Economic Interests (Form 700) Annual Filing Requirements, Mandated Electronic Filing Procedures for Section 87200 Filers, and Statutory Deadlines.

Staff Person: Stephanie M. Vargas
In alignment with the City of Colton's commitment to public transparency, Chief Deputy City Clerk, Stephanie M. Vargas, updated the Council on their Political Reform Act filing obligations. This informational item reinforced the City's high ethical standards and provided the Council with an opportunity to ask questions and get clarity to ensure compliance.
2) Request to Waive Special Event Permit Fees - Colton Run Club 5K - Consider the Request from Colton Run Club to Waive Special Event Permit and Related Departmental Fees for the Proposed Colton Run Club 5K Scheduled for March 7, 2026.

Staff Person: Deb Farrar
City Manager Bill Smith announced, at the beginning of the meeting, that this item would be pulled.

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3) Urgency Ordinance Updating ADU and Jr. ADU Ordinance - Waive Full Reading, Read by Title Only, and Adopt an Urgency Ordinance Entitled: Ordinance No. O-01-26. “An Urgency Ordinance of the City Council of the City of Colton Amending Various Provisions of Title 18, Section 18.48.150 of the City of Colton Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law, and Finding the Action to be Statutorily Exempt from California Environmental Quality Act (CEQA) Under Public Resources Code § 21080.17," Ordinance No. O-01-26.

Staff Person: Heidi Duron
Staff Presentation
Heidi Duran, Director of Development Services, presented for Council an overview of the agenda item and requested approval of staff's recommendation.

Public Comment
There were no public comments for this item.

Council Discussion
Discernment and discussion between Mayor and Council members present, with clarification provided by staff: Heidi Duron, Development Services Director.

Motion/Vote
A motion was made to approve the Item by CM Chastain, with a second by CM Toro.

Vote: Unanimous, Motion passed
______________________________________________________________________________ Public Comment
The following community member addressed the Council:
• Karen Lemos
• Belen Cordero
_______________________________________________________________________________

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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 council members, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

Mayor Navarro presented the Consent Calendar Items 1 through 6.

Council Discussion
There was no Council discussion.

Motion/Vote
A motion was made to approve the Consent Calendar by MPT González, with a second by CM Echevarria.

Vote: Unanimous, Motion Passed
1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on January 20, 2026, on File in the Office of the City Clerk.

City Clerk: Isaac T. Suchil
2) Warrants - Approve voucher numbers 223545 to 223632 dated 12/17/2025 and totaling $686,164.70; voucher numbers 223633 to 223707 dated 12/27/2025 and totaling $100,555.23; voucher numbers 223708 to 223751 dated 12/29/2025 and totaling $210,765.32; voucher numbers 223752 to 223824 dated 01/05/2026 and totaling $1,453,600.21; voucher numbers 223825 to 223941 dated 01/08/2026 and totaling $1,100,970.98; payroll disbursement listing dated 11/22/2025 to 12/05/2025 and totaling $1,264,374.39 and payroll disbursement listing dated 12/06/2025 to 12/19/2025 and totaling $1,432,117.26.

Staff Person: Stacey Dabbs
3) Agreements - Southern California Public Power Authority (SCPPA) - Approve Renewable Energy Prepayment Agreements with the Southern California Public Power Authority (SCPPA) to Facilitate Renewable Energy Purchases at Discounted Rates for Colton Electric Utility.

Staff Person: Charles Berry
4) Contract Amendment - Montrose Air Quality Services LLC. - Approve Amendment No. 2 to the Professional Services Agreement with Montrose Air Quality Services, LLC for South Coast Air Quality Management District Compliance Emissions Testing.

Staff Person: Charles Berry

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5) Contract Amendment - HASA, Inc. - Approve Contract Amendment for HASA, Inc. for Swimming Pool Maintenance at the Gonzales Community Center.

Staff Person: Heidi Strutz
6) Development Impact Fee (DIF) Report - Fiscal Year 2025 - Approve the Annual Development Impact Fee Report for Fiscal Year Ending June 30, 2025.

Staff Person: Chad Blais
_______________________________________________________________________________________ Mayor and Council Oral Reports and Comments - None
City Manager's Reports - None
Adjournment
Mayor Navarro adjourned the Regular Council Meeting at 07:27 PM in memoriam for: San Bernardino Sheriff Sergeant Frank Ward; a moment of silence was observed.

_________________________
Stephanie M. Vargas, CMC, CPMC
Chief Deputy City Clerk
City of Colton

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Item: 2.

Staff Report

Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve US Bank voucher dated 12/17/2025 and totaling $68,775.78; replacement check number 224215 for $2,659.68; voucher numbers 224216 to 224290 dated 01/28/2026 and totaling $100,789.87; voucher numbers 224291 to 224381 dated 01/29/2026 and totaling $1,068,480.79 and voucher numbers 224382 to 224473 dated 02/05/2026 and totaling $4,485,124.70; a payroll disbursement listing dated 01/03/2026 to 01/16/2026 and totaling $1,347,948.41 and a payroll disbursement listing dated 01/17/2026 to 01/30/2026 and totaling $1,235,775.53.

Recommended Action:

Approve US Bank voucher dated 12/17/2025 and totaling $68,775.78; replacement check number 224215 for $2,659.68; voucher numbers 224216 to 224290 dated 01/28/2026 and totaling $100,789.87; voucher numbers 224291 to 224381 dated 01/29/2026 and totaling $1,068,480.79 and voucher numbers 224382 to 224473 dated 02/05/2026 and totaling $4,485,124.70; a payroll disbursement listing dated 01/03/2026 to 01/16/2026 and totaling $1,347,948.41 and a payroll disbursement listing dated 01/17/2026 to 01/30/2026 and totaling $1,235,775.53.

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:

None.

Alternatives:

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1. Provide alternative direction to staff.

Attachments:

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers

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

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Item: 3.

Staff Report

Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Renewal - Microsoft 365 - Authorize Renewal of Microsoft 365 Enterprise Subscription Agreement.

Recommended Action:

Approve the City’s participation in the State of California Department of Technology (CDT) Microsoft Enterprise Subscription Agreement for Microsoft 365 Government Community Cloud (GCC) waiving the formal bidding process in accordance with Colton Municipal Code

3.08.140(C) and authorize the City Manager to execute the agreement.

Background:

The City of Colton relies on Microsoft enterprise software to support daily municipal operations, including email, collaboration, cybersecurity, records management, and productivity tools. These services are used citywide by approximately 500 employees, including public safety, utilities, finance, and administrative departments.

Microsoft 365 provides the City with mission-critical services including:

• Exchange email and calendaring
• Microsoft Office desktop and web applications
• Microsoft Teams collaboration and voice
• OneDrive and SharePoint file storage
• Security, compliance, and identity protection tools

Microsoft licenses for government entities are offered through cooperative agreements negotiated by the California Department of Technology (CDT), which provide standardized contract terms, regulatory compliance, and the most competitive pricing available to state and local agencies.

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The City’s current Microsoft agreement expires March 31, 2026. Staff recommends entering into a new five-year enterprise subscription agreement effective April 1, 2026 through March 31, 2031.

Issues/Analysis:

Staff recommends entering the current multi-year Enterprise License Agreement with the California Department of Technology (CDT) containing a combination of tiered services suited to the City’s special operational needs. The proposed enterprise licensing agreement under the CDT contract provides Government Level 5 (G5) accounts for full-time staff including Microsoft Office software and phone communication needs and Government Level 1 (G1) accounts for staff only requiring email capability.

The CDT contract is a 5-year agreement managed by the California Department of Technology to issue licensing for select products and services to municipal governments statewide. SHI International Corp, an approved value-added reseller of Microsoft enterprise projects, serves as the facilitator for this agreement and all payments are made directly to CDT for the life of the agreement.

Fiscal Impacts:

Entering into the multi-year enterprise license agreement secures pricing-per-service over the life of the contract by hedging against incremental inflationary price increases and allowing for accurate expenditure forecasting. The total projected expense of the proposed multi-year enterprise license agreement, including a 6.29% CDT administrative overhead, are as follows:

Year 1 (4/1/26 – 3/31/27): $163,485.41
Year 2 (4/1/27 – 3/31/28): $163,485.41
Year 3 (4/1/28 – 3/31/29): $167,347.82
Year 4 (4/1/29 – 3/31/30): $167,347.82
Year 5 (4/1/30 – 3/31/31): $167,347.82

The total estimated cost of all current services over the life of the proposed agreement is $829,014.28. Sufficient funding for the first year of the agreement, estimated at $163,485.41 is appropriated in the Fiscal Year 2025/2026 budget in Information Services Fund Software/Licensing/Support Account Number 606-6040-6044-2315-0000-000. Future costs will be incorporated as part of the budget development for each of the subsequent years through the life of the license agreement.

License quantities may be adjusted each year through the CDT reconciliation process to reflect staffing needs. Costs based on the projected future years will be incorporated into the City’s annual budget adoption process.

To account for adding licenses over the upcoming years to accommodate changes to the work environment, staff is recommending a 20% contingency over the life of the agreement.

Alternatives:

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1. Provide alternate direction.

Attachments:

1. City of Colton SHI Quote-27130083

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Pricing Proposal
Quotation #:

Reference #:

Created On:

Valid Until:

CA-City of Colton Microsoft Inside Account Manager
Paul Evans Michael Lipere
California
United States
SHI International Corp
290 Davidson Ave
Somerset, NJ 08873
Phone: 9093705076 Phone: 800-527-6389 ext. 5071509
Fax: Fax: 512-732-0232
Email: [email protected] Email: [email protected] All Prices are in US Dollar (USD) Years 1 located on sheet 2 Years 2-5 located on sheet 3
Additional Comments
Payment Schedule
Year 1 - 4/1/26 - 3/31/27 - $153,810.72
Year 2 - 4/1/27 - 3/31/28 - $153,810.72
Year 3 - 4/1/28 - 3/31/29 - $157,444.56
Year 4 - 4/1/29 - 3/31/30 - $157,444.56
Year 5 - 4/1/30 - 3/31/31 - $157,444.56
Total - $779,955.12
**Budgetary Pricing does not include CDT Fees**
Disclaimer: The pricing provided in this quote is based on estimated statewide license volumes.

CDT will confirm the final statewide pricing tier once all customer commitments have been received.

This quote has been marked as budgetary, as certain pricing may require approval from Microsoft. Please note, SHI is unable to process Purchase Orders against budgetary quotes. Kindly reach out to your SHI sales team for a Final Quote once you have determined your required counts and licenses.

Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61- 1429481; CCR# 61-243957G; CAGE 1HTF0

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The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.

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27130083
Budgetary
Feb-04-2026
Feb-28-2026
Pricing Proposal
Microsoft Inside Account Manager
Michael Lipere
SHI International Corp
290 Davidson Ave
Somerset, NJ 08873
800-527-6389 ext. 5071509
512-732-0232
[email protected]
Years 1 located on sheet 2
Years 2-5 located on sheet 3
Payment Schedule
Year 1 - 4/1/26 - 3/31/27 - $153,810.72
Year 2 - 4/1/27 - 3/31/28 - $153,810.72
Year 3 - 4/1/28 - 3/31/29 - $157,444.56
Year 4 - 4/1/29 - 3/31/30 - $157,444.56
Year 5 - 4/1/30 - 3/31/31 - $157,444.56
Total - $779,955.12
**Budgetary Pricing does not include CDT Fees**
Disclaimer: The pricing provided in this quote is based on estimated statewide license volumes.

CDT will confirm the final statewide pricing tier once all customer commitments have been received.

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The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.

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Item # Manufacturer Part #
1 Microsoft AAL-48033
2 Microsoft AAL-45735
3 Microsoft U4S-00002
4 Microsoft RMU-00004
5 Microsoft 7MS-00001
6 Microsoft NYH-00001
7 Microsoft KXJ-00001
8 Microsoft P3U-00001

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Contract # Subcontract # Coverage Start Coverage End Quantity SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 150 SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 78 SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 282 SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 90 SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 2 SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 150 SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 67 SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 6

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Your Price Total Note
$497.88 $74,682.00 Year 1 of 5
$548.64 $42,793.92 Year 1 of 5
$106.80 $30,117.60 Year 1 of 5
$0.00 $0.00 Year 1 of 5
$272.28 $544.56 Year 1 of 5
$0.00 $0.00 Year 1 of 5
$72.48 $4,856.16 Year 1 of 5
$136.08 $816.48 Year 1 of 5
Total $153,810.72

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Manufacturer Part #
Microsoft AAL-48033
Microsoft AAL-45735
Microsoft U4S-00002
Microsoft RMU-00004
Microsoft 7MS-00001
Microsoft NYH-00001
Microsoft KXJ-00001
Microsoft P3U-00001
Microsoft AAL-48033
Microsoft AAL-45735
Microsoft U4S-00002
Microsoft RMU-00004
Microsoft 7MS-00001
Microsoft NYH-00001
Microsoft KXJ-00001
Microsoft P3U-00001
Microsoft AAL-48033
Microsoft AAL-45735
Microsoft U4S-00002
Microsoft RMU-00004
Microsoft 7MS-00001
Microsoft NYH-00001
Microsoft KXJ-00001
Microsoft P3U-00001
Microsoft AAL-48033
Microsoft AAL-45735
Microsoft U4S-00002

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Microsoft RMU-00004
Microsoft 7MS-00001
Microsoft NYH-00001
Microsoft KXJ-00001
Microsoft P3U-00001

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Product Contract Name
M365 G5 FSA Renewal GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
M365 G5 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
O365 G1 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
Phone Resource Account GCC Sub Phone System Virtual User Microsoft Statewide Enterprise Licensing Agreement
Planner & Project P3 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
Teams AC with Dial Out US/CA GCC Sub Add-on Microsoft Statewide Enterprise Licensing Agreement
Teams Shared Devices GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
Visio P2 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
M365 G5 FSA Renewal GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
M365 G5 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
O365 G1 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
Phone Resource Account GCC Sub Phone System Virtual User Microsoft Statewide Enterprise Licensing Agreement
Planner & Project P3 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
Teams AC with Dial Out US/CA GCC Sub Add-on Microsoft Statewide Enterprise Licensing Agreement
Teams Shared Devices GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
Visio P2 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
M365 G5 FSA Renewal GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
M365 G5 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
O365 G1 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
Phone Resource Account GCC Sub Phone System Virtual User Microsoft Statewide Enterprise Licensing Agreement
Planner & Project P3 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
Teams AC with Dial Out US/CA GCC Sub Add-on Microsoft Statewide Enterprise Licensing Agreement
Teams Shared Devices GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
Visio P2 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
M365 G5 FSA Renewal GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
M365 G5 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
O365 G1 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement

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Phone Resource Account GCC Sub Phone System Virtual User Microsoft Statewide Enterprise Licensing Agreement
Planner & Project P3 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
Teams AC with Dial Out US/CA GCC Sub Add-on Microsoft Statewide Enterprise Licensing Agreement
Teams Shared Devices GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
Visio P2 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement

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Contract # Subcontract # Coverage Start Coverage End Quantity SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 150 SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 78 SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 282 SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 90 SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 2 SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 150 SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 67 SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 6 SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 150 SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 78 SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 282 SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 90 SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 2 SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 150 SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 67 SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 6 SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 150 SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 78 SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 282 SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 90 SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 2 SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 150 SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 67 SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 6 SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 150 SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 78 SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 282

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SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 90 SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 2 SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 150 SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 67 SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 6

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Your Price Total Note
$497.88 $74,682.00 Year 2 of 5
$548.64 $42,793.92 Year 2 of 5
$106.80 $30,117.60 Year 2 of 5
$0.00 $0.00 Year 2 of 5
$272.28 $544.56 Year 2 of 5
$0.00 $0.00 Year 2 of 5
$72.48 $4,856.16 Year 2 of 5
$136.08 $816.48 Year 2 of 5
$514.68 $77,202.00 Year 3 of 5
$562.92 $43,907.76 Year 3 of 5
$106.80 $30,117.60 Year 3 of 5
$0.00 $0.00 Year 3 of 5
$272.28 $544.56 Year 3 of 5
$0.00 $0.00 Year 3 of 5
$72.48 $4,856.16 Year 3 of 5
$136.08 $816.48 Year 3 of 5
$514.68 $77,202.00 Year 4 of 5
$562.92 $43,907.76 Year 4 of 5
$106.80 $30,117.60 Year 4 of 5
$0.00 $0.00 Year 4 of 5
$272.28 $544.56 Year 4 of 5
$0.00 $0.00 Year 4 of 5
$72.48 $4,856.16 Year 4 of 5
$136.08 $816.48 Year 4 of 5
$514.68 $77,202.00 Year 5 of 5
$562.92 $43,907.76 Year 5 of 5
$106.80 $30,117.60 Year 5 of 5

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$0.00 $0.00 Year 5 of 5
$272.28 $544.56 Year 5 of 5
$0.00 $0.00 Year 5 of 5
$72.48 $4,856.16 Year 5 of 5
$136.08 $816.48 Year 5 of 5

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Item: 4.

Staff Report

Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Bond Release - O'Reilly Auto Parts - Approve Release of Bonds for O'Reilly Auto Parts Development at 1790 E. Washington Street.

Recommended Action:

1. Staff recommends that the City Council authorize Staff to release Payment and Performance Bonds, including any riders, for completed improvements for DAP-001-577 (O’Reilly Auto Parts) located at 1790 E. Washington St. with APN: 0276-162-30-0000.

2. Staff recommends that the City Council authorize Staff to release Maintenance Bonds one full year after formal City acceptance of public improvements for DAP-001-577 (O’Reilly Auto Parts) located at 1790 E. Washington St. with APN: 0276-162-30-0000.

Background:

On December 3, 2019, the City of Colton Development Services Director approved DAP-001- 577, a Preliminary Parcel Map for Tentative Parcel Map No. 20168 for the consolidation of six (6) existing lots making up a ~1.1-acre vacant, unimproved site at the southwest corner of Washington Street and Walin Street, identified by the San Bernardino County Assessor’s Office as Assessor Parcel Number (APN) 0276-162-30-0000 with a preliminary address of 1790 Washington Street, and zoned C-2, General Commercial.

Construction of the auto parts store is now complete, including applicable required public improvements. Final inspection was provided by the Public Works and Utility Inspector including Planning Staff.

Issues/Analysis:

Bond submittal as means to guarantee construction of public improvements prior to the start of construction is a standard condition of approval for development projects in accordance with City policies and the Subdivision Map Act. Such public improvements include street, sewer, and

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drainage improvements. Per City of Colton Municipal Code § 16.56 and Chapter 5 of the Subdivision Map Act (SMA), the developer had the option to submit guarantees via formal Bonds or Cash in-lieu of Bonds. The developer opted to submit Bonds for the required Performance and Labor and Materials Bonds, including Maintenance and Warranty. Receipts are included as Exhibit A. Bond amounts are summarized as follows:

Subdivision Performance Bond $190,141.00
Subdivision Labor & Materials/Payment Bond $ 91,071.00 Subdivision Maintenance Bond $ 19,015.00
Subdivsion - Cash Deposit (Staking) $ 10,000.00
Total $310,227.00

Government Code Section 66499(b) authorizes the City Council to release bonds if the improvements are completed. The Subdivision Maintenance Bond is required to remain in place for a period of one (1) full year as a warranty for the constructed public improvements. The Subdivision Performance Bond and Subdivision Labor & Material/Payment Bonds will be released immediately after City Council approval. The Subdivision – Cash Deposit (Staking) in the amount of $10,000.00 shall be refunded in full for compliance with the staking of monuments immediately after City Council approval as well.

Fiscal Impacts:

There are no fiscal impacts due to the release of the Payment and Performance Bonds. After Maintenance Bonds are released, funding for public improvements constructed through this project will be maintained by the Streets Division's maintenance budget.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Exhibit A

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Item: 5.

Staff Report

Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Colton 2025 Guidelines for Implementing California Environmental Quality Act - Approve Resolution Adopting the 2025 Local Guidelines for Implementing the California Environmental Quality Act (CEQA), Resolution No. R-16-26.

Recommended Action:

Recommend that the City Council of the City of Colton, California adopt Resolution No. R-16- 26 regarding the adoption of the 2025 Local Guidelines for Implementing the California Environmental Quality Act for Colton, California. This is not a project under the State CEQA Guidelines Section 15378(b)(5) as it is an administrative activity and would not result in any environmental impacts.

Background:

The California Environmental Quality Act (“CEQA”), codified in Public Resources Code section 21000, et seq., is California’s most comprehensive environmental law. It generally requires public agencies to evaluate the environmental effects of their actions before they are taken.

CEQA also aims to prevent significant environmental effects from occurring as a result of agency actions by requiring agencies to avoid or reduce, when feasible, the significant environmental impacts of their decisions.

To this end, CEQA requires public agencies to adopt specific objectives, criteria and procedures for evaluating public and private projects that are undertaken or approved by such agencies.

Issues/Analysis:

The City of Colton has prepared a proposed updated set of Local CEQA Guidelines for 2025 in compliance with CEQA’s requirements. These Guidelines reflect recent changes to CEQA.

Attachment 1 includes Summary of Changes to Local CEQA Guidelines by BBK. These Local CEQA Guidelines also provide instructions and forms for preparing all environmental documents required under CEQA. Attachment 2 includes City Council Resolution updating the

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2022 CEQA Guidelines and Exhibit A of Resolution R-16-26 is also attached.

Environmental Impact: No environmental impact is anticipated from amending the Local CEQA Guidelines. The City of Colton adoption of the attached Resolution Exhibit A is not a project under State CEQA Guidelines section 15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts.

Fiscal Impacts:

No fiscal impact is anticipated from approving the Local CEQA Guidelines.

Alternatives:

Provide staff with alternative direction.

Attachments:

1. Attachment 1_2025 CEQA Guidelines Changes

2. Attachment 2 City Council Reso No_R-16-26_2025 CEQA Guidelines

3. Exhibit-A of CC Reso No. R-16-26

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- 1 -
Memorandum
TO:

FROM:

DATE:

RE:

Development Services Department/Planning Division
Best Best & Krieger LLP
April 1, 2025
Summary of Changes to Local CEQA Guidelines
In 2024, the California Legislature revised the California Environmental Quality Act (“CEQA”) through passage of certain Assembly Bills and Senate Bills. As a result, we have revised the City’s Local Guidelines for Implementing CEQA (“Local Guidelines”) to account for these CEQA developments. This memorandum summarizes the substantive amendments to the City’s 2025 Local CEQA Guidelines (“Local Guidelines”).

The Local Guidelines and this memorandum are designed to help the City comply with CEQA when considering a project subject to CEQA. We still recommend, however, that you consult with an attorney when you have specific questions on major, controversial, or unusual projects or activities.

The Local Guidelines, the related CEQA forms, and other important legal alerts may be accessed via the Best Best & Krieger LLP CEQA client portal. For technical support, please contact Tammy Ingram at [email protected].

REVISIONS TO LOCAL GUIDELINES

3.17 Exemption for Residential or Mixed-Use Housing Project .

This is a new section that was added to your Guidelines as a result of the passing of Assembly Bill 2199. CEQA does not apply to residential or mixed-used housing projects, as defined, located in unincorporated areas of a county, that meet the requirements set forth in Section 3.17.

3.21 Transit Prioritization Projects.

Pursuant to Assembly Bill 2503, a new subsection (6) was added to Section 3.21 regarding a public project for the institution or increase of passenger rail service, including the construction or rehabilitation of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission trains.

3.24 Routine Maintenance of Stormwater Facilities .

Pursuant to Assembly Bill 3227, a new Section 3.24 was added to the Guidelines pursuant to a change to Public Resources Code section 21080.61. This new section provides that CEQA does not apply to routine maintenance of public stormwater facilities that are fully concrete or have a conveyance capacity of less than a 100-year storm event if certain specified conditions are met.

Attachment 1

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3.29 Reproductive Services Community Clinic .

Pursuant to Assembly Bill 2085, Section 3.29 was added to the Guidelines to provide that CEQA does not apply to the approval of an application of a community clinic providing reproductive health services if the application meets objective planning standards and is subject to the ministerial review process set forth in Government Code section 65914.900.

9.10 A Responsible Agency’s Provision of Financial Assistance or Insurance for the Development and Construction of Affordable Housing.

New language was added to Section 9.10 pursuant to Senate Bill 1361, which clarifies that CEQA does not apply to a local agency’s approval of contracts that provide residential, counseling, and security services for people experiencing homelessness, as set forth in greater detail in Section 9.10.

Other Changes
Office of Land Use and Climate Innovation
Effective July 1, 2024, the Office of Planning and Research changed its name to the Office of Land Use and Climate Innovation (LCI). This change is reflected throughout your Local CEQA Guidelines. Additionally, effective April 8, 2025, LCI has a new CEQAnet URL and CEQASubmit URL. In order to access LCI’s websites, please use these new URLs:
• https://ceqasubmit.lci.ca.gov/
• https://ceqanet.lci.ca.gov/
Additionally, LCI has established a new deadline for processing environmental notices.

Notices must be submitted to CEQASubmit no later than 2:30 p.m. PST in order to have a same day filing date.

CEQA Document Filing Fees
Effective January 1, 2025, the Department of Fish and Wildlife has increased its fees.

For a Negative Declaration or a Mitigated Negative Declaration, the new filing fee is $2,968.75; for an EIR, the new filing fee is $4,123.50; and for an environmental document prepared pursuant to a Certified Regulatory Program, the new filing fee is $1,401.75.

Conclusion
As always, CEQA remains complicated and, at times, challenging to apply. The only constant in this area of law is how quickly the rules change. Should you have questions about any of the provisions discussed above, please contact a BB&K attorney for assistance.

BEST BEST & KRIEGER LLP

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RESOLUTION NO. R-16-26

A RESOLUTION OF THE CITY OF COLTON AMENDING

AND ADOPTING LOCAL GUIDELINES FOR

IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (PUBLIC RESOURCES CODE §§ 21000 ET
SEQ.)

WHEREAS, the California Legislature has amended the California Environmental Quality Act (“CEQA”) (Pub. Resources Code §§ 21000 et seq.), the Natural Resources Agency has amended the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.), and the California courts have interpreted specific provisions of CEQA; and

WHEREAS, Public Resources Code section 21082 requires all public agencies to adopt objectives, criteria and procedures for (1) the evaluation of public and private projects undertaken or approved by such public agencies, and (2) the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and

WHEREAS, the City of Colton must revise its local guidelines for implementing CEQA to make them consistent with the current provisions and interpretations of CEQA and the State CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of Colton (“City”) hereby resolves as follows:

1. The City adopts the “2025 Local Guidelines for Implementing the California Environmental Quality Act,” a copy of which is Attached in Exhibit – “A” and on file at the offices of the City Development Services Department and is available for inspection by the public.

2. All prior actions of the City enacting earlier guidelines are hereby repealed.

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Colton City Council Resolution No. R-16-26
March 3, 2026 – Page 2 of 2

- 2 -

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton on March 3, 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________________
Frank J. Navarro, Mayor

ATTEST:
__________________________________________
Isaac T. Suchil
City Clerk

APPROVED AS TO FORM:
______________________________
Carlos Campos
Best Best & Krieger LLP
City Attorney for the City of Colton

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2025

LOCAL GUIDELINES

FOR IMPLEMENTING THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR

CITY OF COLTON
Exhibit - "A" of City Council
Resolution No. R-57-25

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TABLE OF CONTENTS

Page
-i-

1. GENERAL PROVISIONS, PURPOSE AND POLICY. ................................................ 1-1

1.01 General Provisions. ............................................................................................. 1-1

1.02 Purpose. ............................................................................................................... 1-1

1.03 Applicability. ...................................................................................................... 1-1

1.04 Reducing Delay and Paperwork. ......................................................................... 1-2

1.05 Compliance With State Law. .............................................................................. 1-2

1.06 Terminology. ....................................................................................................... 1-3

1.07 Partial Invalidity.................................................................................................. 1-3

1.08 Electronic Delivery of Comments and Notices. ................................................. 1-3

1.09 The City May Charge Reasonable Fees For Reproducing Environmental Documents. ......................................................................................................... 1-3

1.10 Time of Preparation ............................................................................................ 1-4

1.11 State Agency Furloughs. ..................................................................................... 1-5

2. LEAD AND RESPONSIBLE AGENCIES .................................................................... 2-1

2.01 Lead Agency Principle. ....................................................................................... 2-1

2.02 Selection of Lead Agency. .................................................................................. 2-1

2.03 Duties of a Lead Agency..................................................................................... 2-1

2.04 CEQA Determinations Made by Non-Elected Body; Procedure to Appeal Such Determinations. .......................................................................................... 2-3

2.05 Projects Relating to Development of Hazardous Waste and Other Sites. .......... 2-3

2.06 Responsible Agency Principle. ........................................................................... 2-4

2.07 Duties of a Responsible Agency. ........................................................................ 2-4

2.08 Response to Notice of Preparation by Responsible Agencies. ........................... 2-4

2.09 Use of Final EIR or Negative Declaration by Responsible Agencies. ............... 2-5

2.10 Shift in Lead Agency Responsibilities. ............................................................... 2-5

3. ACTIVITIES EXEMPT FROM CEQA ......................................................................... 3-1

3.01 Actions Subject to CEQA. .................................................................................. 3-1

3.02 Ministerial Actions.............................................................................................. 3-1

3.03 Exemptions in General. ....................................................................................... 3-2

3.04 Notice of Exemption. .......................................................................................... 3-2

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TABLE OF CONTENTS
(continued)
Page
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3.05 Disapproved Projects. ......................................................................................... 3-3

3.06 Projects with No Possibility of Significant Effect. ............................................. 3-4

3.07 Emergency Projects. ........................................................................................... 3-4

3.08 Feasibility and Planning Studies. ........................................................................ 3-5

3.09 Rates, Tolls, Fares, and Charges. ........................................................................ 3-5

3.10 Pipelines within a Public Right-of-Way and Less Than One Mile in Length. ................................................................................................................ 3-5

3.11 Pipelines of Less Than Eight Miles in Length. ................................................... 3-5

3.12 Certain Residential Housing Projects. ................................................................ 3-7

3.13 Minor Alterations to Fluoridate Water Utilities................................................ 3-13

3.14 Ballot Measures. ............................................................................................... 3-14

3.15 Transit Priority Project. ..................................................................................... 3-14

3.16 Certain Infill Projects ........................................................................................ 3-14

3.17 Exemption For Residential or Mixed-Use Housing Projects ............................ 3-17

3.18 Exemption for Infill Projects In Transit Priority Areas .................................... 3-18

3.19 Exemption for Residential Projects Undertaken Pursuant to a Specific Plan ... 3-19

3.20 Transfer of Land for The Preservation of Natural Conditions .......................... 3-19

3.21 Transit Prioritization Projects. .......................................................................... 3-20

3.22 Transportation Plans, Pedestrian Plans, and Bicycle Transportation Plans. ..... 3-22

3.23 Water System Wells and Domestic Well Projects ............................................ 3-22

3.24 Routine Maintenance of Stormwater Facilities ................................................. 3-24

3.25 Small Disadvantaged Community Water System and State Small Water System. .............................................................................................................. 3-24

3.26 Conservation and Restoration of California Native Fish and Wildlife. ............ 3-25

3.27 Linear Broadband Deployment in a Right-of-Way. ......................................... 3-26

3.28 Needle and Syringe Exchange Services. ........................................................... 3-27

3.29 Reproductive Services Community Clinic........................................................ 3-27

3.30 Other Specific Exemptions. .............................................................................. 3-28

3.31 Categorical Exemptions. ................................................................................... 3-28

4. TIME LIMITATIONS .................................................................................................... 4-1

4.01 Review of Private Project Applications. ............................................................. 4-1

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4.02 Determination of Type of Environmental Document. ........................................ 4-1

4.03 Completion and Adoption of Negative Declaration. .......................................... 4-1

4.04 Completion and Certification of Final EIR. ........................................................ 4-1

4.05 Projects Subject to the Permit Streamlining Act................................................. 4-2

4.06 Projects, Other Than Those Subject to the Permit Streamlining Act, with Short Time Periods for Approval. ....................................................................... 4-2

4.07 Waiver or Suspension of Time Periods. ............................................................. 4-3

5. INITIAL STUDY............................................................................................................ 5-1

5.01 Preparation of Initial Study. ................................................................................ 5-1

5.02 Informal Consultation with Other Agencies. ...................................................... 5-1

5.03 Consultation with Private Project Applicant....................................................... 5-2

5.04 Projects Subject to NEPA. .................................................................................. 5-2

5.05 An Initial Study. .................................................................................................. 5-3

5.06 Contents of Initial Study. .................................................................................... 5-4

5.07 Use of a Checklist Initial Study. ......................................................................... 5-4

5.08 Evaluating Significant Environmental Effects. ................................................... 5-5

5.09 Determining the Significance of Transportation Impacts ................................... 5-6

5.10 Mandatory Findings of Significant Effect. ......................................................... 5-7

5.11 Mandatory Preparation of an EIR for Waste-Burning Projects. ......................... 5-8

5.12 Development Pursuant To An Existing Community Plan And EIR. .................. 5-9

5.13 Land Use Policies. ............................................................................................ 5-10

5.14 Evaluating Impacts on Historical Resources. ................................................... 5-10

5.15 Evaluating Impacts on Archaeological Sites. ................................................... 5-11

5.16 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 5-12

5.17 Subdivisions with More Than 500 Dwelling Units. ......................................... 5-14

5.18 Impacts to Oak Woodlands. .............................................................................. 5-15

5.19 Climate Change And Greenhouse Gas Emissions. ........................................... 5-15

5.20 Energy Conservation. ........................................................................................ 5-19

5.21 Environmental Impact Assessment. .................................................................. 5-20

5.22 Final Determination. ......................................................................................... 5-20

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6. NEGATIVE DECLARATION ....................................................................................... 6-1

6.01 Decision to Prepare a Negative Declaration. ...................................................... 6-1

6.02 Decision to Prepare a Mitigated Negative Declaration....................................... 6-1

6.03 Contracting for Preparation of Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-1

6.04 Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-1

6.05 Projects Affecting Military Services; Department of Defense Notification. ...... 6-4

6.06 Special Findings Required for Facilities That May Emit Hazardous Air Emissions Near Schools. ..................................................................................... 6-4

6.07 Consultation with California Native American Tribes. ...................................... 6-5

6.08 Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe ............................. 6-6

6.09 Significant Adverse Impacts to Tribal Cultural Resources ................................. 6-8

6.10 Posting and Publication of Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-9

6.11 Submission of Negative Declaration or Mitigated Negative Declaration to State Clearinghouse. ......................................................................................... 6-10

6.12 Special Notice Requirements for Waste- and Fuel-Burning Projects. .............. 6-12

6.13 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 6-12

6.14 Content of Negative Declaration or Mitigated Negative Declaration. ............. 6-13

6.15 Types of Mitigation........................................................................................... 6-13

6.16 Adoption of Negative Declaration or Mitigated Negative Declaration. ........... 6-13

6.17 Mitigation Reporting or Monitoring Program for Mitigated Negative Declaration. ....................................................................................................... 6-14

6.18 Approval or Disapproval of Project. ................................................................. 6-15

6.19 Recirculation of a Negative Declaration or Mitigated Negative Declaration. ....................................................................................................... 6-15

6.20 Notice of Determination on a Project for Which a Proposed Negative or Mitigated Negative Declaration Has Been Approved. ..................................... 6-16

6.21 Addendum to Negative Declaration or Mitigated Negative Declaration. ......... 6-17

6.22 Subsequent Negative Declaration or Mitigated Negative Declaration. ............ 6-18

6.23 Private Project Costs. ........................................................................................ 6-19

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6.24 Filing Fees for Projects That Affect Wildlife Resources. ................................. 6-19

7. ENVIRONMENTAL IMPACT REPORT ..................................................................... 7-1

7.01 Decision to Prepare an EIR. ................................................................................ 7-1

7.02 Contracting for Preparation of EIRs. .................................................................. 7-1

7.03 Notice of Preparation of Draft EIR. .................................................................... 7-1

7.04 Special Notice Requirements for Affected Military Agencies ........................... 7-3

7.05 Environmental Leadership Development Project. .............................................. 7-3

7.06 Preparation of Draft EIR. .................................................................................... 7-5

7.07 Consultation with California Native American Tribes. ...................................... 7-6

7.08 Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe ............................. 7-7

7.09 Significant Adverse Impacts to Tribal Cultural Resources ................................. 7-8

7.10 Consultation with Other Agencies and Persons. ................................................. 7-9

7.11 Early Consultation on Projects Involving Permit Issuance............................... 7-11

7.12 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 7-11

7.13 Airport Land Use Plan. ..................................................................................... 7-11

7.14 General Aspects of an EIR. ............................................................................... 7-12

7.15 Use of Registered Consultants in Preparing EIRs. ........................................... 7-12

7.16 Incorporation by Reference............................................................................... 7-12

7.17 Standards for Adequacy of an EIR. .................................................................. 7-13

7.18 Form and Content of EIR. ................................................................................. 7-13

7.19 Consideration and Discussion of Significant Environmental Impacts. ............ 7-15

7.20 Environmental Setting ...................................................................................... 7-16

7.21 Analysis of Cumulative Impacts. ...................................................................... 7-17

7.22 Analysis of Mitigation Measures. ..................................................................... 7-19

7.23 Analysis of Alternatives in an EIR. .................................................................. 7-20

7.24 Analysis of Future Expansion. .......................................................................... 7-22

7.25 Notice of Completion of Draft EIR; Notice of Availability of Draft EIR. ....... 7-23

7.26 Submission of Draft EIR to State Clearinghouse. ............................................ 7-25

7.27 Special Notice Requirements for Waste- And Fuel-Burning Projects. ............. 7-27

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7.28 Time For Review of Draft EIR; Failure to Comment. ...................................... 7-27

7.29 Public Hearing on Draft EIR............................................................................. 7-28

7.30 Response to Comments on Draft EIR. .............................................................. 7-29

7.31 Preparation and Contents of Final EIR. ............................................................ 7-29

7.32 Recirculation When New Information Is Added to EIR. .................................. 7-30

7.33 Certification of Final EIR. ................................................................................ 7-31

7.34 Consideration of EIR Before Approval or Disapproval of Project. .................. 7-31

7.35 Findings............................................................................................................. 7-32

7.36 Special Findings Required for Facilities That May Emit Hazardous Air Emissions Near Schools. ................................................................................... 7-33

7.37 Statement of Overriding Considerations. .......................................................... 7-33

7.38 Mitigation Monitoring or Reporting Program for EIR. .................................... 7-34

7.39 Notice of Determination. .................................................................................. 7-36

7.40 Disposition of a Final EIR. ............................................................................... 7-37

7.41 Private Project Costs. ........................................................................................ 7-37

7.42 Filing Fees for Projects That Affect Wildlife Resources. ................................. 7-38

8. TYPES OF EIRS............................................................................................................. 8-1

8.01 EIRs Generally. ................................................................................................... 8-1

8.02 Tiering. ................................................................................................................ 8-1

8.03 Project EIR. ......................................................................................................... 8-2

8.04 Subsequent EIR. .................................................................................................. 8-3

8.05 Supplemental EIR. .............................................................................................. 8-4

8.06 Addendum to an EIR. ......................................................................................... 8-4

8.07 Staged EIR. ......................................................................................................... 8-4

8.08 Program EIR. ...................................................................................................... 8-5

8.09 Use of a Program EIR with Subsequent EIRs and Negative Declarations. ........ 8-5

8.10 Use of an EIR from an Earlier Project. ............................................................... 8-6

8.11 Master EIR. ......................................................................................................... 8-6

8.12 Focused EIR. ....................................................................................................... 8-8

8.13 Special Requirements for Redevelopment Projects. ........................................... 8-9

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9. AFFORDABLE HOUSING ........................................................................................... 9-1

9.01 Streamlined, ministerial approval process for affordable housing projects ........ 9-1

9.02 Ministerial approval process for urban lot splits and housing developments with no more than two residential units within a single-family residential zone (SB 9) ....................................................................................................... 9-22

9.03 Approval of ordinance to zone any parcel for up to 10 units of residential density per parcel in certain circumstances (SB 10) ......................................... 9-26

9.04 Housing Sustainability Districts. ...................................................................... 9-27

9.05 Interim Motel Housing Projects. ....................................................................... 9-27

9.06 Supportive Housing And “No Place Like Home” Projects. ............................. 9-28

9.07 Shelter Crisis and Emergency Housing. ........................................................... 9-28

9.08 Affordable Housing Developments in Commercial Zones. .............................. 9-29

9.09 Mixed-Income Housing Developments Along Commercial Corridors. ........... 9-31

9.10 A Responsible Agency’s Provision of Financial Assistance or Insurance for the Development and Construction of Affordable Housing........................ 9-35

9.11 Exemption for Specified Affordable Housing Projects. ................................... 9-35

9.12 Ministerial Approval of Housing Developments on Land Owned by Independent Institutions of Higher Education and Religious Institutions. ....... 9-36

10. CEQA LITIGATION .................................................................................................... 10-1

10.01 Timelines........................................................................................................... 10-1

10.02 Mediation and Settlement. ................................................................................ 10-1

10.03 Administrative Record. ..................................................................................... 10-1

11. DEFINITIONS .............................................................................................................. 11-1

11.01 “Agricultural Employee” .................................................................................. 11-1

11.02 “Applicant” ....................................................................................................... 11-1

11.03 “Approval” ........................................................................................................ 11-1

11.04 “Baseline” ......................................................................................................... 11-2

11.05 “California Native American Tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004................................................................................................. 11-2

11.06 “Categorical Exemption” .................................................................................. 11-2

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11.07 “Census-Defined Place”.................................................................................... 11-2

11.08 “CEQA” ............................................................................................................ 11-2

11.09 “City” ................................................................................................................ 11-2

11.10 “Clerk” .............................................................................................................. 11-2

11.11 “Community-Level Environmental Review” ................................................... 11-2

11.12 “Consultation”................................................................................................... 11-3

11.13 “Cumulative Impacts” ....................................................................................... 11-3

11.14 “Cumulatively Considerable” ........................................................................... 11-3

11.15 “Decision-Making Body” ................................................................................. 11-3

11.16 “Developed Open Space” ................................................................................. 11-3

11.17 “Development Project” ..................................................................................... 11-3

11.18 “Discretionary Project” ..................................................................................... 11-4

11.19 “EIR”................................................................................................................. 11-4

11.20 “Emergency” ..................................................................................................... 11-4

11.21 “Endangered, Rare or Threatened Species” ...................................................... 11-4

11.22 “Environment” .................................................................................................. 11-4

11.23 “Feasible” .......................................................................................................... 11-5

11.24 “Final EIR” ....................................................................................................... 11-5

11.25 “Greenhouse Gases” ......................................................................................... 11-5

11.26 “Guidelines” or “Local Guidelines” ................................................................. 11-5

11.27 “Highway” ........................................................................................................ 11-5

11.28 “Historical Resources” ...................................................................................... 11-5

11.29 “Infill Site” ........................................................................................................ 11-6

11.30 “Initial Study” ................................................................................................... 11-6

11.31 “Jurisdiction by Law” ....................................................................................... 11-6

11.32 “Land Disposal Facility”................................................................................... 11-7

11.33 “Large Treatment Facility” ............................................................................... 11-7

11.34 “LCI”................................................................................................................. 11-7

11.35 “Lead Agency”.................................................................................................. 11-7

11.36 “Low- and Moderate-Income Households” ...................................................... 11-7

11.37 “Low-Income Households” .............................................................................. 11-7

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11.38 “Low-Level Flight Path”................................................................................... 11-7

11.39 “Lower Income Households” ............................................................................ 11-7

11.40 “Major Transit Stop”......................................................................................... 11-8

11.41 “Metropolitan Planning Organization” or “MPO” ........................................... 11-8

11.42 “Military Impact Zone”..................................................................................... 11-8

11.43 “Military Service” ............................................................................................. 11-8

11.44 “Ministerial” ..................................................................................................... 11-8

11.45 “Mitigated Negative Declaration” or “MND” .................................................. 11-9

11.46 “Mitigation” ...................................................................................................... 11-9

11.47 “Negative Declaration” or “ND” ...................................................................... 11-9

11.48 “Notice of Completion” .................................................................................... 11-9

11.49 “Notice of Determination” ................................................................................ 11-9

11.50 “Notice of Exemption” ..................................................................................... 11-9

11.51 “Notice of Preparation”..................................................................................... 11-9

11.52 “Oak” .............................................................................................................. 11-10

11.53 “Oak Woodlands” ........................................................................................... 11-10

11.54 “Offsite Facility” ............................................................................................. 11-10

11.55 “Person” .......................................................................................................... 11-10

11.56 “Pipeline” ........................................................................................................ 11-10

11.57 “Private Project” ............................................................................................. 11-10

11.58 “Project” .......................................................................................................... 11-10

11.59 “Project-Specific Effects” ............................................................................... 11-11

11.60 “Public Water System” ................................................................................... 11-11

11.61 “Qualified Urban Use” .................................................................................... 11-11

11.62 “Residential” ................................................................................................... 11-11

11.63 “Responsible Agency” .................................................................................... 11-11

11.64 “Riparian areas” .............................................................................................. 11-11

11.65 “Roadway” ...................................................................................................... 11-12

11.66 “Significant Effect” ......................................................................................... 11-12

11.67 “Significant Value as a Wildlife Habitat” ....................................................... 11-12

11.68 “Special Use Airspace” ................................................................................... 11-12

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11.69 “Staff” ............................................................................................................. 11-12

11.70 “Standard” ....................................................................................................... 11-12

11.71 “State CEQA Guidelines” ............................................................................... 11-13

11.72 “Substantial Evidence” ................................................................................... 11-13

11.73 “Sustainable Communities Strategy” .............................................................. 11-13

11.74 “Tiering” ......................................................................................................... 11-13

11.75 “Transit Priority Area” .................................................................................... 11-13

11.76 “Transit Priority Project” ................................................................................ 11-14

11.77 “Transportation Facilities” .............................................................................. 11-14

11.78 “Tribal Cultural Resources” ............................................................................ 11-14

11.79 “Trustee Agency”............................................................................................ 11-15

11.80 “Urban Growth Boundary” ............................................................................. 11-15

11.81 “Urbanized Area”............................................................................................ 11-15

11.82 “Water Acquisition Plans” .............................................................................. 11-16

11.83 “Water Assessment” or “Water Supply Assessment” .................................... 11-16

11.84 “Water Demand Project” ................................................................................ 11-16

11.85 “Waterway”..................................................................................................... 11-17

11.86 “Wetlands” ...................................................................................................... 11-17

11.87 “Wildlife Habitat” ........................................................................................... 11-17

11.88 “Zoning Approval” ......................................................................................... 11-17

12. FORMS ......................................................................................................................... 12-1

13. COMMON ACRONYMS ............................................................................................ 13-1

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Local Guidelines for Implementing the
California Environmental Quality Act (2025) GENERAL PROVISIONS, PURPOSE AND POLICY.

LOCAL GUIDELINES

FOR IMPLEMENTING THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

(2025)

1. GENERAL PROVISIONS, PURPOSE AND POLICY.

1.01 GENERAL PROVISIONS.

These Local Guidelines (“Local Guidelines”) are to assist the City of Colton (“City”) in implementing the provisions of the California Environmental Quality Act (“CEQA”). These Local Guidelines are consistent with the Guidelines for the Implementation of CEQA (“State CEQA Guidelines”), which have been promulgated by the California Natural Resources Agency for the guidance of state and local agencies in California. These Local Guidelines have been adopted pursuant to California Public Resources Code section 21082.

1.02 PURPOSE.

The purpose of these Local Guidelines is to help the City accomplish the following basic objectives of CEQA:
(a) To enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian; (b) To provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project; (c) To provide an analysis of the environmental effects of future actions associated with the project to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project; (d) To identify ways that environmental damage can be avoided or significantly reduced; (e) To prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures; and
(f) To disclose and demonstrate to the public the reasons why a governmental agency approved the project in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency’s activities. Such involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency.

1.03 APPLICABILITY.

These Local Guidelines apply to any activity that constitutes a “project,” as defined in Local Guidelines Section 11.58, for which the City is the Lead Agency or a Responsible Agency.

These Local Guidelines are also intended to assist the City in determining whether a proposed

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Local Guidelines for Implementing the
California Environmental Quality Act (2025) GENERAL PROVISIONS, PURPOSE AND POLICY.

2025 City of Colton Local Guidelines 1-2 ©Best Best & Krieger LLP activity constitutes a project that is subject to CEQA review, or whether the activity is exempt from CEQA.

1.04 REDUCING DELAY AND PAPERWORK.

The State CEQA Guidelines encourage local governmental agencies to reduce delay and paperwork by, among other things:
(a) Integrating the CEQA process into early planning review; to this end, the project approval process and these procedures, to the maximum extent feasible, are to run concurrently, not consecutively;
(b) Identifying projects which fit within categorical or other exemptions and are therefore exempt from CEQA processing;
(c) Using initial studies to identify significant environmental issues and to narrow the scope of Environmental Impact Reports (EIRs);
(d) Using a Negative Declaration when a project, not otherwise exempt, will not have a significant effect on the environment;
(e) Consulting with state and local responsible agencies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it; (f) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR;
(g) Integrating CEQA requirements with other environmental review and consultation requirements;
(h) Emphasizing consultation before an EIR is prepared, rather than submitting adverse comments on a completed document;
(i) Combining environmental documents with other documents, such as general plans; (j) Eliminating repetitive discussions of the same issues by using EIRs on programs, policies or plans and tiering from statements of broad scope to those of narrower scope; (k) Reducing the length of EIRs by means such as setting appropriate page limits; (l) Preparing analytic, rather than encyclopedic, EIRs; (m) Mentioning insignificant issues only briefly;
(n) Writing EIRs in plain language;
(o) Following a clear format for EIRs;
(p) Emphasizing the portions of the EIR that are useful to decision-makers and the public and reducing emphasis on background material;
(q) Incorporating information by reference; and
(r) Making comments on EIRs as specific as possible.

1.05 COMPLIANCE WITH STATE LAW.

These Local Guidelines are intended to implement the provisions of CEQA and the State CEQA Guidelines, and the provisions of CEQA and the State CEQA Guidelines shall be fully complied with even though they may not be set forth or referred to herein.

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Local Guidelines for Implementing the
California Environmental Quality Act (2025) GENERAL PROVISIONS, PURPOSE AND POLICY.

1.06 TERMINOLOGY.

The terms “must” or “shall” identify mandatory requirements. The terms “may” and “should” are permissive, with the particular decision being left to the discretion of the City.

1.07 PARTIAL INVALIDITY.

In the event any part or provision of these Local Guidelines shall be determined to be invalid, the remaining portions that can be separated from the invalid unenforceable provisions shall continue in full force and effect.

1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES.

Individuals may file a written request to receive copies of public notices provided for under these Local Guidelines or the State CEQA Guidelines. The requestor may elect to receive these notices via email rather than regular mail. Notices sent by email are deemed delivered when the staff person sending the email sends it to the last email address provided by the requestor to the City. Any request to receive public notices shall be in writing and shall be renewed annually.

Individuals may also submit comments on the CEQA documentation for a project via email. Comments submitted via email shall be treated as written comments for all purposes.

Comments sent to the City via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project.

The City must also post certain environmental documents (such as Draft and Final Environmental Impact Reports, Draft Negative Declarations and Draft Mitigated Negative Declarations) and CEQA notices (such as Notices of Preparation, Notices of Availability, Notices of Intent to Adopt a Negative Declaration, Notices of Exemption, and Notices of Determination) on its website, if any.

(Reference: Pub. Resources Code, §§ 21082.1, 21091(d)(3), 21092.2.)

1.09 THE CITY MAY CHARGE REASONABLE FEES FOR REPRODUCING ENVIRONMENTAL DOCUMENTS.

A public agency may charge and collect a reasonable fee from members of the public that request a copy of an environmental document, so long as the fee does not exceed the cost of reproduction. The kinds of “environmental documents” that CEQA specifically allows public agencies to seek reimbursement for include: initial studies, negative declarations, mitigated negative declarations, draft and final EIRs, and documents prepared as a substitute for an EIR, negative declaration, or mitigated negative declaration.

The City shall make CEQA-related documents (e.g., Negative Declarations, Mitigated Negative Declarations, Draft EIRs, Final EIRs, and notices relating to these documents) available to the public-at-large on its website. Requests for documents made pursuant to the California Public Records Act must comply with the Government Code. (See, for example, Government Code section 7922.570 for information regarding providing documents in electronic format.)

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Local Guidelines for Implementing the
California Environmental Quality Act (2025) GENERAL PROVISIONS, PURPOSE AND POLICY.

1.10 TIME OF PREPARATION
Before granting any approval of a non-exempt project subject to CEQA, the Lead Agency or Responsible Agency shall consider either (1) a Final EIR, (2) a Negative Declaration, (3) a Mitigated Negative Declaration, or (4) another document authorized by the State CEQA Guidelines to be used in the place of an EIR or Negative Declaration (e.g., an Addendum, a Supplemental EIR, a Subsequent EIR, etc.).

Choosing the precise time for CEQA compliance involves a balancing of competing factors. EIRs, Negative Declarations, and Mitigated Negative Declarations should be prepared as early as feasible in the planning process to enable environmental considerations to influence project program and design and yet late enough to provide meaningful information for environmental assessment.

With public projects, at the earliest feasible time, project sponsors shall incorporate environmental considerations into project conceptualization, design, and planning. CEQA compliance should be completed prior to acquisition of a site for a public project.

To implement the above principles, the City shall not undertake actions concerning the proposed public project that would have a significant adverse effect or limit the choice of alternatives or mitigation measures, before completion of CEQA compliance. For example, the City shall not:

(A) Formally make a decision to proceed with the use of a site for facilities which would require CEQA review, regardless of whether the City has made any final purchase of the site for these facilities, except that the City may designate a preferred site for CEQA review and may enter into land acquisition agreements when the City has conditioned its future use of the site on CEQA compliance.

(B) Otherwise take any action that gives impetus to a planned or foreseeable project in a manner that forecloses alternatives or mitigation measures that would ordinarily be part of CEQA review of that public project.

With private projects, the City shall encourage the project proponent to incorporate environmental considerations into project conceptualization, design, and planning at the earliest feasible time.

While mere interest in, or inclination to support, a project does not constitute approval, a public agency entering into preliminary agreements regarding a project prior to approval shall not, as a practical matter, commit the agency to the project. For example, the City shall not grant any vested development entitlements prior to compliance with CEQA. Further, any such pre-approval agreement should, for example:

(A) Condition the agreement on compliance with CEQA;
(B) Not bind any party, or commit any party, to a definite course of action prior to CEQA compliance;

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Local Guidelines for Implementing the
California Environmental Quality Act (2025) GENERAL PROVISIONS, PURPOSE AND POLICY.

2025 City of Colton Local Guidelines 1-5 ©Best Best & Krieger LLP (C) Not restrict the Lead Agency from considering any feasible mitigation measures and alternatives, including the “no project” alternative; and (D) Not restrict the Lead Agency from denying the project.

The City’s environmental document preparation and review should be coordinated in a timely fashion with the City’s existing planning, review, and project approval processes. These procedures, to the maximum extent feasible, are to run concurrently, not consecutively.

(See State CEQA Guidelines, § 15004; Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116.)

1.11 STATE AGENCY FURLOUGHS.

Due to budget concerns, the State may institute mandatory furlough days for state government agencies. Local agencies may also change their operating hours.

Because state and local agencies may enact furloughs that limit their operating hours, if the City has time-sensitive materials or needs to consult with a state agency, the City should check with the applicable state agency office or with the City’s attorney to ensure compliance with all applicable deadlines.

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Local Guidelines for Implementing the
California Environmental Quality Act (2025) LEAD AND RESPONSIBLE AGENCIES

2. LEAD AND RESPONSIBLE AGENCIES

2.01 LEAD AGENCY PRINCIPLE.

The City will be the Lead Agency if it will have principal responsibility for carrying out or approving a project. Where a project is to be carried out or approved by more than one public agency, only one agency shall be responsible for the preparation of environmental documents.

This agency shall be called the Lead Agency.
(Reference: State CEQA Guidelines, §§ 15050, 15367.)

2.02 SELECTION OF LEAD AGENCY.

Where two or more public agencies will be involved with a project, the Lead Agency shall be designated according to the following criteria:
(a) If the project will be carried out by a public agency, that agency shall be the Lead Agency even if the project will be located within the jurisdiction of another public agency; or

(b) If the project will be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising and approving the project as a whole.

The Lead Agency will normally be the agency with general governmental powers, rather than an agency with a single or limited purpose. (For example, a city that will provide a public service or utility to the project serves a limited purpose.) If two or more agencies meet this criteria equally, the agency that acts first on the project will normally be the Lead Agency.

If two or more public agencies have a substantial claim to be the Lead Agency under either (a) or (b), they may designate one agency as the Lead Agency by agreement. An agreement may also provide for cooperative efforts by contract, joint exercise of powers, or similar devices. If the agencies cannot agree which agency should be the Lead Agency for preparing the environmental document, any of the disputing public agencies or the project applicant may submit the dispute to the Office of Land Use and Climate Innovation (“LCI”), formerly Office of Planning and Research.

Within 21 days of receiving the request, the LCI will designate the Lead Agency. The Office of Land Use and Climate Innovation shall not designate a Lead Agency in the absence of a dispute.

A “dispute” means a contested, active difference of opinion between two or more public agencies as to which of those agencies shall prepare any necessary environmental document. A dispute exists when each of those agencies claims that it either has or does not have the obligation to prepare that environmental document.
(Reference: State CEQA Guidelines, § 15051.)

2.03 DUTIES OF A LEAD AGENCY.

As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be prepared, and consider the document before making its decision on whether and how to approve

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2025 City of Colton Local Guidelines 2-2 ©Best Best & Krieger LLP the project. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City. However, the City shall independently review and analyze all draft and final EIRs or Negative Declarations prepared for a project and shall find that the EIR or Negative Declaration reflects the independent judgment of the City prior to approval of the document. If a Draft EIR or Final EIR is prepared under a contract with the City, the contract must be executed within forty-five (45) days from the date on which the City sends a Notice of Preparation. The City, however, may take longer to execute the contract if the project applicant and the City mutually agree to an extension of the 45-day time period. (Pub. Resources Code, § 21151.5; see also Local Guidelines Section 7.02.)
During the process of preparing an EIR, the City, as Lead Agency, shall have the following duties:
(a) If a California Native American tribe has requested consultation, within 14 days after determining that an application for a project is complete or a decision to undertake a project, the City shall begin consultation with the California Native American tribes (see Local Guidelines Section 7.07);
(b) Immediately after deciding that an EIR is required for a project, the City shall send to the Office of Land Use and Climate Innovation and each Responsible Agency a Notice of Preparation (Form “G”) stating that an EIR will be prepared (see Local Guidelines Section

7.03);
(c) Prior to release of an EIR, if the California Native American tribe that is culturally affiliated with the geographic area of a project requests in writing to be informed of any proposed project, the City shall begin consultation with the tribe consistent with California law and Local Guidelines Section 7.07;
(d) The City shall prepare or cause to be prepared the Draft EIR for the project (see Local Guidelines Sections 7.06 and 7.18);
(e) Once the Draft EIR is completed, the City shall file a Notice of Completion (Form “H”) with the Office of Land Use and Climate Innovation (see Local Guidelines Section 7.25); (f) The City shall consult with state, federal and local agencies that exercise authority over resources that may be affected by the project for their comments on the completed Draft EIR (see, e.g., Local Guidelines Sections 5.02, 5.16, Section 7.26); (g) The City shall provide public notice of the availability of a Draft EIR (Form “K”) at the same time that it sends a Notice of Completion to the Office of Land Use and Climate Innovation (see Local Guidelines Section 7.25);
(h) The City shall evaluate comments on environmental issues received from persons who reviewed the Draft EIR and shall prepare or cause to be prepared a written response to all comments that raise significant environmental issues and that were timely received during the public comment period. A written response must be provided to all public agencies who commented on the project during the public review period at least ten (10) days prior to certifying an EIR (see Local Guidelines Section 7.30); (i) The City shall prepare or cause to be prepared a Final EIR before approving the project (see Local Guidelines Section 7.31);
(j) The City shall certify that the Final EIR has been completed in compliance with CEQA and has been reviewed by the City Council (see Local Guidelines Section 7.33); and

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2025 City of Colton Local Guidelines 2-3 ©Best Best & Krieger LLP (k) The City shall include in the Final EIR any comments received from a Responsible Agency on the Notice of Preparation or the Draft EIR (see Local Guidelines Sections 2.07, 7.30 and 7.31).

2.04 CEQA DETERMINATIONS MADE BY NON-ELECTED BODY; PROCEDURE TO APPEAL SUCH DETERMINATIONS.

As Lead Agency, the City may charge a non-elected decisionmaking body with the responsibility of making a finding of exemption or adopting, certifying or authorizing environmental documents. Any such determination, however, shall be subject to the City's procedures allowing for the appeal of the CEQA determination of any non-elected body to the City Council. In the absence of a procedure governing such appeal, any CEQA determination made by a non-elected decisionmaker shall be appealable to the City Council within ten (10) days of the non-elected decisionmaker’s determination. If the non-elected decisionmaker’s CEQA determination is not timely appealed as set forth herein, the non-elected decisionmaker’s determination shall be final.

In the event the City Council has delegated authority to a subsidiary board or official to approve a project, the City hereby delegates to that subsidiary board or official the authority to make all necessary CEQA determinations, including whether an EIR, Negative Declaration, Mitigated Negative Declaration or exemption shall be required for any project. A subsidiary board or official’s CEQA determination shall be subject to appeal as set forth above. (Reference: State CEQA Guidelines, §§ 15061(e), 15074(f), 15090(b).)

2.05 PROJECTS RELATING TO DEVELOPMENT OF HAZARDOUS WASTE AND OTHER SITES.

An applicant for a development project must submit a signed statement to the City, as Lead Agency, stating whether the project and any alternatives are located on a site that is included in any list compiled by the Secretary for Environmental Protection of the California Environmental Protection Agency (“California EPA”) listing hazardous waste sites and other specified sites located in the City’s boundaries. The applicant’s statement must contain the following information:
(a) The applicant’s name, address, and phone number;
(b) Address of site, and local agency (city/county);
(c) Assessor’s book, page, and parcel number; and
(d) The list which includes the site, identification number, and date of list.

Before accepting as complete an application for any development project as defined in Local Guidelines Section 11.16, the City, as Lead Agency, shall consult lists compiled by the Secretary for Environmental Protection of the California EPA pursuant to Government Code section 65962.5 listing hazardous waste sites and other specified sites located in the City’s boundaries. When acting as Lead Agency, the City shall notify an applicant for a development project if the project site is located on such a list and not already identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (see Local Guidelines Section

6.04) or the Notice of Preparation of Draft EIR (see Local Guidelines Section 7.03), the City shall

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2025 City of Colton Local Guidelines 2-4 ©Best Best & Krieger LLP specify the California EPA list, if any, that includes the project site, and shall provide the information contained in the applicant’s statement.
(Reference: Gov. Code, § 65962.5.)

2.06 RESPONSIBLE AGENCY PRINCIPLE.

When a project is to be carried out or approved by more than one public agency, all public agencies other than the Lead Agency that have discretionary approval power over the project shall be identified as Responsible Agencies.

2.07 DUTIES OF A RESPONSIBLE AGENCY.

When it is identified as a Responsible Agency, the City shall consider the environmental documents prepared or caused to be prepared by the Lead Agency and reach its own conclusions on whether and how to approve the project involved. The City shall also both respond to consultation and attend meetings as requested by the Lead Agency to assist the Lead Agency in preparing adequate environmental documents. The City should also review and comment on Draft EIRs, Negative Declarations, and Mitigated Negative Declarations. Comments shall be limited to those project activities that are within the City’s area of expertise or are required to be carried out or approved by the City or are subject to the City’s powers.

As a Responsible Agency, the City may identify significant environmental effects of a project for which mitigation is necessary. As a Responsible Agency, the City may submit to the Lead Agency proposed mitigation measures that would address those significant environmental effects. If mitigation measures are required, the City should submit to the Lead Agency complete and detailed performance objectives for such mitigation measures that would address the significant environmental effects identified, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the Lead Agency by the City, when acting as a Responsible Agency, shall be limited to measures that mitigate impacts to resources that are within the City’s authority. For private projects, the City, as a Responsible Agency, may require the project proponent to provide such information as may be required and to reimburse the City for all costs incurred by it in reporting to the Lead Agency. (Reference: State CEQA Guidelines, § 15096.)

2.08 RESPONSE TO NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES.

Within thirty (30) days of receipt of a Notice of Preparation of an EIR, the City, as a Responsible Agency, shall specify to the Lead Agency the scope and content of the environmental information related to the City’s area of statutory responsibility in connection with the proposed project. At a minimum, the response shall identify the significant environmental issues and possible alternatives and mitigation that the City, as a Responsible Agency, will need to have explored in the Draft EIR. Such information shall be specified in writing, shall be as specific as possible, and shall be communicated to the Lead Agency, by certified mail, email, or any other method of transmittal that provides it with a record that the response was received. The Lead Agency shall incorporate this information into the EIR.

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2025 City of Colton Local Guidelines 2-5 ©Best Best & Krieger LLP (Reference: Pub. Resources Code, § 21080.4; State CEQA Guidelines, § 15103.)

2.09 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES.

The City, as a Responsible Agency, shall consider the Lead Agency’s Final EIR or Negative Declaration before acting upon or approving a proposed project. As a Responsible Agency, the City must independently review and consider the adequacy of the Lead Agency’s environmental documents prior to approving any portion of the proposed project. In certain instances, the City, in its role as a Responsible Agency, may require that a Subsequent EIR or a Supplemental EIR be prepared to fully address those aspects of the project over which the City has approval authority. Mitigation measures and alternatives deemed feasible and relevant to the City’s role in carrying out the project shall be adopted. Findings that are relevant to the City’s role as a Responsible Agency shall be made. After the City decides to approve or carry out part of a project for which an EIR or negative declaration has previously been prepared by the Lead Agency, the City, as Responsible Agency, should file a Notice of Determination with the County Clerk within five (5) days of approval, but need not state that the Lead Agency’s EIR or Negative Declaration complies with CEQA. The City, as Responsible Agency, should state that it considered the EIR or Negative Declaration as prepared by a Lead Agency. (Reference: State CEQA Guidelines, § 15096.)

2.10 SHIFT IN LEAD AGENCY RESPONSIBILITIES.

The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one of the following three conditions is met:
(a) The Lead Agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency;

(b) The Lead Agency prepared environmental documents for the project, and all of the following conditions apply:
(1) A Subsequent or Supplemental EIR is required;
(2) The Lead Agency has granted a final approval for the project; and (3) The statute of limitations has expired for a challenge to the action of the appropriate Lead Agency; or
(c) The Lead Agency prepared inadequate environmental documents without providing public notice of a Negative Declaration or sending Notice of Preparation of an EIR to Responsible Agencies and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency.

(Reference: State CEQA Guidelines, § 15052.)

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3. ACTIVITIES EXEMPT FROM CEQA

3.01 ACTIONS SUBJECT TO CEQA.

CEQA applies to discretionary projects proposed to be carried out or approved by public agencies such as the City. If the proposed activity does not come within the definition of “project” contained in Local Guidelines Section 11.58, it is not subject to environmental review under CEQA.

The term “project,” as defined by CEQA, does not include:
(a) Proposals for legislation to be enacted by the State Legislature; (b) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, and general policy and procedure making (except as provided in Local Guidelines Section 11.58);
(c) The submittal of proposals to a vote of the people in response to a petition drive initiated by voters, or the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code section 9214; (d) The creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may have a potentially significant physical impact on the environment. Government funding mechanisms may include, but are not limited to, assessment districts and community facilities districts; (e) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and
(f) Activities that do not result in a direct or reasonably foreseeable indirect physical change in the environment.
(Reference: State CEQA Guidelines, §§ 15060(c), 15378.)

3.02 MINISTERIAL ACTIONS.

Ministerial actions are not subject to CEQA review. A ministerial action is one that is approved or denied by a decision that a public official or a public agency makes that involves only the use of fixed standards or objective measurements without personal judgment or discretion.

When a project involves an approval that contains elements of both a ministerial and discretionary nature, the project will be deemed to be discretionary and subject to the requirements of CEQA. The decision whether the approval of a proposed project or activity is ministerial in nature may involve or require, to some extent, interpretation of the language of the legal mandate, and should be made on a case-by-case basis. The following is a non-exclusive list of examples of ministerial activities:
(a) Issuance of business licenses;
(b) Approval of final subdivision maps and final parcel maps; (c) Approval of individual utility service connections and disconnections; (d) Issuance of licenses;
(e) Issuance of a permit to do street work;

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2025 City of Colton Local Guidelines 3-2 ©Best Best & Krieger LLP (f) Issuance of building permits where the Lead Agency does not retain significant discretionary power to modify or shape the project; and (g) Until January 1, 2024, approval of an application to install an emergency standby generator to serve a macro cell tower where conditions set forth in Government Code section 65850.75 are met.
(Reference: State CEQA Guidelines, § 15268.)

3.03 EXEMPTIONS IN GENERAL.

CEQA and the State CEQA Guidelines exempt certain activities and provide that local agencies should further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR, Negative Declaration, or Mitigated Negative Declaration generally do not apply to the exempt activities that are set forth in CEQA, the State CEQA Guidelines, and Chapter 3 of these Local Guidelines.
(Reference: State CEQA Guidelines, §§ 15260 – 15332.)

3.04 NOTICE OF EXEMPTION.

After approval of an exempt project, a “Notice of Exemption” (Form “A”) may be filed by the City or its representatives with the County Clerk of each county in which the activity will be located. A Notice of Exemption must be filed electronically with the County Clerk if that option is offered by the County Clerk. When the Lead Agency files a Notice of Exemption with the County Clerk, it must also file the Notice of Exemption with the State Clearinghouse via the Office of Land Use and Climate Innovation’s CEQASubmit portal at https://ceqasubmit.lci.ca.gov, link effective as of April 8, 2025. After filing, the City must additionally post the Notice of Exemption on the City’s website, if any. The City is generally not required to file a Notice of Exemption after approving a project that it finds exempt from CEQA, though there are circumstances where a Notice of Exemption must be filed. Please see Local Guidelines Section 3.12 for certain circumstances in which the Lead Agency is required to file a Notice of Exemption.

If the Lead Agency exempts an agricultural housing, affordable housing, or residential infill project under State CEQA Guidelines sections 15193, 15194 or 15195 and approves or determines to carry out that project, it must also file a notice with the Office of Land Use and Climate Innovation identifying the exemption.

The filing of a Notice of Exemption, when appropriate, is recommended for City actions because it shortens the statute of limitations to challenge the City’s exemption determination under CEQA from 180 days to 35 days. The County Clerk must post a Notice of Exemption within twenty-four (24) hours of receipt, and the Notice must remain posted for thirty (30) days. The 30- day posting requirement excludes the first day of posting and includes the last day of posting. On the 30th day, the Notice of Exemption must be posted for the entire day. Although no California Department of Fish and Wildlife (“DFW”) filing fee is applicable to exempt projects, most counties customarily charge a documentary handling fee to pay for record keeping on behalf of the DFW. Refer to the Index in the County Clerk Memo to determine if such a fee will be required for the project.

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2025 City of Colton Local Guidelines 3-3 ©Best Best & Krieger LLP The Notice of Exemption must, among other things, identify the person undertaking the project, including any person undertaking an activity that receives financial assistance from the City as part of the project or the person receiving a lease, permit, license, certificate, or other entitlement for use from the City as part of the project. Certain counties require the name and address of an applicant to be included in the “Project Applicant” box of the Notice of Exemption, even when the only project proponent is the City; in these counties, if the City is the only project proponent, the City’s name and address should be provided in the “Project Applicant” box of the Notice of Exemption. Check the county’s requirements before submitting the Notice of Exemption for filing and posting.

The Notice of Exemption may be filed by the project applicant, rather than the Lead Agency, in certain circumstances. Specifically, the Lead Agency may direct the project applicant to file the Notice of Exemption where the activity that the Lead Agency has determined is exempt from CEQA either:
(a) is undertaken by a person (not a public agency) and is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; or
(b) involves the issuance to a person (not a public agency) of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. (See Public Resources Code, §§ 21065(b)-(c), 21152). Where the Notice of Exemption is filed by a project applicant rather than the Lead Agency, the applicant must attach a Certificate of Determination to the Notice of Exemption to be filed. The Certificate of Determination may be in the form of a certified copy of an existing document or record of the Lead Agency. Alternatively, the Lead Agency may prepare a Certificate of Determination (see Form “B”) stating that the activity is exempt from CEQA, and the Lead Agency may provide the Certificate of Determination to the applicant. The applicant must attach the Certificate of Determination to the Notice of Exemption to be filed.

The filing of a Notice of Exemption, when appropriate, is recommended for City actions because it starts a 35-day statute of limitations on legal challenges to the City’s determination that the activity is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Please see Local Guidelines Section 3.12 for certain circumstances in which the Lead Agency is required to file a Notice of Exemption.

When a request is made for a copy of the Notice prior to the date on which the City determines the project is exempt, the Notice must be mailed, first class postage prepaid, within five (5) days after the City’s determination. If such a request is made following the City’s determination, then the copy should be mailed in the same manner as soon as possible. (Reference: Pub. Resources Code, § 21152; State CEQA Guidelines, § 15062.)

3.05 DISAPPROVED PROJECTS.

CEQA does not apply to projects that the Lead Agency rejects or disapproves.

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2025 City of Colton Local Guidelines 3-4 ©Best Best & Krieger LLP Even if a project for which an EIR, Negative Declaration, or Mitigated Negative Declaration has been prepared is ultimately disapproved, the project applicant shall not be relieved of its obligation to pay the costs incurred to prepare the EIR, Negative Declaration, or Mitigated Negative Declaration for the project.
(Reference: State CEQA Guidelines, §§ 15061(b)(4), 15270.)

3.06 PROJECTS WITH NO POSSIBILITY OF SIGNIFICANT EFFECT.

Where it can be seen with absolute certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt from CEQA.

3.07 EMERGENCY PROJECTS.

The following types of emergency projects are exempt from CEQA (the term “emergency” is defined in Local Guidelines Section 11.20):
(a) Work in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter a historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b) of the Public Resources Code. (b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. (c) Projects necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety, or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. (d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, provided that the project is within the existing right of way of that highway and is initiated within one year of the damage occurring. Highway shall have the same meaning as defined in Section 360 of the Vehicle Code. This exemption does not apply to highways designated as official state scenic highways, nor to any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.
(e) Seismic work on highways and bridges pursuant to Streets and Highways Code section 180.2.
(Reference: State CEQA Guidelines, § 15269.)

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3.08 FEASIBILITY AND PLANNING STUDIES.

A project that involves only feasibility or planning studies for possible future actions which the City has not yet approved, adopted or funded is exempt from CEQA. (Reference: State CEQA Guidelines, § 15262.)

3.09 RATES, TOLLS, FARES, AND CHARGES.

The establishment, modification, structuring, restructuring or approval of rates, tolls, fares, or other charges by the City that the City finds are for one or more of the purposes listed below are exempt from CEQA.
(a) Meeting operating expenses, including employee wage rates and fringe benefits; (b) Purchasing or leasing supplies, equipment or materials; (c) Meeting financial reserve needs and requirements; or (d) Obtaining funds for capital projects necessary to maintain service within existing service areas.

When the City determines that one of the aforementioned activities pertaining to rates, tolls, fares, or charges is exempt from the requirements of CEQA, it shall incorporate written findings setting forth the specific basis for the claim of exemption in the record of any proceeding in which such an exemption is claimed.
(Reference: State CEQA Guidelines, § 15273.)

3.10 PIPELINES WITHIN A PUBLIC RIGHT-OF-WAY AND LESS THAN ONE MILE IN LENGTH.

Projects that are for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline and that are:
(a) in a public street or highway or any other public right-of-way; and (b) less than one mile in length

shall be exempt from CEQA requirements.
“Pipeline” includes subsurface facilities but does not include any surface facility related to the operation of the underground facility.

(Reference: Public Resources Code, § 21080.21.)

3.11 PIPELINES OF LESS THAN EIGHT MILES IN LENGTH.

Projects that are for the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, or any valve, flange, meter, or other piece of equipment that is directly attached to the pipeline shall be exempt from CEQA requirements if all of the following conditions are met:

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2025 City of Colton Local Guidelines 3-6 ©Best Best & Krieger LLP (a) The project is less than eight miles in length.
(b) Notwithstanding the project length, actual construction and excavation activities undertaken to achieve the maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline are not undertaken over a length of more than one-half mile at any one time.
(c) The project consists of a section of pipeline that is not less than eight miles from any section of pipeline that has been subject to an exemption pursuant to CEQA in the past 12 months. (d) The project is not solely for the purpose of excavating soil that is contaminated by hazardous materials, and, to the extent not otherwise expressly required by law, the party undertaking the project immediately informs the lead agency of the discovery of contaminated soil.
(e) To the extent not otherwise expressly required by law, the person undertaking the project has, in advance of undertaking the project, prepared a plan that will result in notification of the appropriate agencies so that they may take action, if determined to be necessary, to provide for the emergency evacuation of members of the public who may be located in close proximity to the project.
(f) Project activities are undertaken within an existing right-of-way and the right-of-way is restored to its condition prior to the project.
(g) The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and to otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws.

If a project meets all of the requirements for this exemption, the person undertaking the project shall do all of the following:
(a) Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority of this exemption.
(b) Provide notice to the public in the affected area in a manner consistent with paragraph (3) of Public Resources Code section 21092(b).
(c) In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property.
(d) Comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene- Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws.

This exemption does not apply to a project in which the diameter of the pipeline is increased or to a project undertaken within the boundaries of an oil refinery.

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2025 City of Colton Local Guidelines 3-7 ©Best Best & Krieger LLP For purposes of this exemption, the following definitions apply:

(a) “Pipeline” includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility which is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five such facilities in the state. “Pipeline” does not include the following:
(1) An interstate pipeline subject to Part 195 of Title 49 of the Code of Federal Regulations.
(2) A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3) A pipeline for the transportation of crude oil that operates by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe.
(4) Transportation of petroleum in onshore gathering lines located in rural areas.
(5) A pipeline for the transportation of a hazardous liquid substance offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
(6) Transportation of a hazardous liquid by a flow line. (7) A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility, including a storage or in plant piping system associated with that facility. (8) Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids between those modes of transportation.

3.12 CERTAIN RESIDENTIAL HOUSING PROJECTS.

CEQA does not apply to the construction, conversion, or use of residential housing if the project meets all of the general requirements described in Section A below and satisfies the specific requirements for any one of the following three categories: (1) agricultural housing (Section B below), (2) affordable housing projects in urbanized areas (Section C below), or (3) affordable housing projects near major transit stops (Section D below).

A. General Requirements . The construction, conversion, or use of residential housing units affordable to low-income households (as defined in Local Guidelines Section 11.36) located on an infill site in an urbanized area is exempt from CEQA if all of the following general requirements are satisfied:
(1) The project is consistent with:

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2025 City of Colton Local Guidelines 3-8 ©Best Best & Krieger LLP (a) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application was deemed complete; and
(b) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete.

However, the project may be inconsistent with zoning if the zoning is inconsistent with the general plan and the project site has not been rezoned to conform to the general plan;
(2) Community level environmental review has been adopted or certified; (3) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees; (4) The project site meets all of the following four criteria relating to biological resources:
(a) The project site does not contain wetlands;
(b) The project site does not have any value as a wildlife habitat; (c) The project does not harm any species protected by the federal Endangered Species Act of 1973, the Native Plant Protection Act, or the California Endangered Species Act; and
(d) The project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete;
(5) The site is not included on any list of facilities and sites compiled pursuant to Government Code section 65962.5;
(6) The project site is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. In addition, the following steps must have been taken in response to the results of this assessment:
(a) If a release of a hazardous substance is found to exist on the site, the release shall be removed or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements; or
(b) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements;

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2025 City of Colton Local Guidelines 3-9 ©Best Best & Krieger LLP (7) The project does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code (see Local Guidelines Section 11.28);
(8) The project site is not subject to wildland fire hazard, as determined by the Department of Forestry and Fire Protection; unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard;
(9) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties;
(10) The project site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency;
(11) Either the project site is not within a delineated earthquake fault zone, or a seismic hazard zone, as determined pursuant to Section 2622 and 2696 of the Public Resources Code respectively, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake or seismic hazard;
(12) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood; (13) The project site is not located on developed open space; (14) The project site is not located within the boundaries of a state conservancy; (15) The project site has not been divided into smaller projects to qualify for one or more of the exemptions for affordable housing, agricultural housing, or residential infill housing projects found in the subsequent sections; and
(16) The project meets the requirements set forth in either Public Resources Code sections 21159.22, 21159.23 or 21159.24.
(Reference: State CEQA Guidelines, § 15192.)
B. Specific Requirements for Agricultural Housing . CEQA does not apply to the construction, conversion, or use of residential housing for agricultural employees that meets all of the general requirements described above in Section A and meets the following additional criteria:
(1) The project either:

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2025 City of Colton Local Guidelines 3-10 ©Best Best & Krieger LLP (a) Is affordable to lower income households, lacks public financial assistance, and the developer has provided sufficient legal commitments to ensure the continued availability and use of the housing units for lower income households for a period of at least fifteen (15) years; or
(b) If public financial assistance exists for the project, then the project must be housing for very low-, low-, or moderate-income households and the developer of the project has provided sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for low- and moderate-income households for a period of at least fifteen (15) years;
(2) The project site is adjacent on at least two sides to land that has been developed and the project consists of not more than forty-five (45) units or provides dormitories, barracks, or other group-living facilities for a total of forty-five (45) or fewer agricultural employees, and either:
(a) The project site is within incorporated city limits or within a census-defined place with a minimum population density of at least five thousand (5,000) persons per square mile; or (b) The project site is within incorporated city limits or within a census-defined place and the minimum population density of the census-defined place is at least one thousand (1,000) persons per square mile, unless the Lead Agency determines that there is a reasonable possibility that the project, if completed, would have a significant effect on the environment due to unusual
circumstances or that the cumulative effects of successive projects of the same type in the same area would, over time, be significant;
(3) If the project is located on a site zoned for general agricultural use, it must consist of twenty (20) or fewer units, or, if the housing consists of dormitories, barracks, or other group-living facilities, the project must not provide housing for more than twenty (20) agricultural employees; and (4) The project is not more than two (2) acres in area if the project site is located in an area with a population density of at least one thousand (1,000) persons per square mile, and is not more than five (5) acres in area for all other project sites.
(Reference: Pub. Resources Code, §§ 21084, 21159.22; State CEQA Guidelines, §§ 15192, 15193.)
C. Specific Requirements for Affordable Housing Projects in Urbanized Areas .

CEQA does not apply to any development project that consists of the construction, conversion, or use of residential housing consisting of one hundred (100) or fewer

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2025 City of Colton Local Guidelines 3-11 ©Best Best & Krieger LLP units that are affordable to low-income households if all of the general requirements described in Section A above are satisfied and the following additional criteria are also met:
(1) The developer of the project provides sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least thirty (30) years, at monthly housing costs deemed to be “affordable rent” for lower income, very low income, and extremely low income households, as determined pursuant to Section 50053 of the Health and Safety Code; (2) The project site meets one of the following conditions:
(a) Has been previously developed for qualified urban uses; (b) Is immediately adjacent to parcels that are developed with qualified urban uses; or
(c) At least 75% of the perimeter of the site adjoins parcels that are developed with qualified urban uses and the remaining 25% of the perimeter of the site adjoins parcels that have previously been developed for qualified urban uses, the site has not been developed for urban uses and no parcel within the site has been created within ten (10) years prior to the proposed development of the site;
(3) The project site is not more than five (5) acres in area; and (4) The project site meets one of the following requirements regarding population density:
(a) The project site is within an urbanized area or within a census- defined place with a population density of at least five thousand (5,000) persons per square mile;
(b) If the project consists of fifty (50) or fewer units, the project site is within an incorporated city with a population density of at least twenty-five hundred (2,500) persons per square mile and a total population of at least twenty-five thousand (25,000) persons; or (c) The project site is within either an incorporated city or a census- defined place with a population density of one thousand (1,000) persons per square mile, unless there is a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project.
(Reference: Pub. Resources Code, §§ 21083, 21159.23; State CEQA Guidelines, § 15194.) D. Specific Requirements for Affordable Housing Projects Near Major Transit Stops.

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2025 City of Colton Local Guidelines 3-12 ©Best Best & Krieger LLP (a) Except as provided in subdivision (b), CEQA does not apply to a project if all of the following criteria are met:

1. The project is a residential project on an infill site.

2. The project is located within an urbanized area.

3. The project satisfies the criteria of Public Resources Code section 21159.21, described in Section A above.

4. Within five years of the date that the application for the project is deemed complete pursuant to Section 65943 of the Government Code, community-level environmental review was certified or adopted.

5. The site of the project is not more than four acres in total area.

6. The project does not contain more than 100 residential units.

7. Either of the following criteria (subdivision (a) or subdivision (b)) are met:
a. (1) At least 10 percent of the housing is sold to families of moderate income, or not less than 10 percent of the
housing is rented to families of low income, or not less than 5 percent of the housing is rented to families of very low income; and

(2) The project developer provides sufficient legal
commitments to the appropriate local agency to ensure the continued availability and use of the housing units for very low-, low-, and moderate-income households at monthly
housing costs determined pursuant to paragraph (3) of the subdivision (h) of Section 65589.5 of the Government Code.

b. The project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph 7.a above.

8. The project is within one-half mile of a major transit stop.

9. The project does not include any single level building that exceeds 100,000 square feet.

10. The project promotes higher density infill housing. A project with a density of at least 20 units per acre shall be conclusively presumed to promote higher density infill housing. A project with a density of at least 10 units per acre and a density greater than the average density of

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2025 City of Colton Local Guidelines 3-13 ©Best Best & Krieger LLP the residential properties within 1,500 feet shall be presumed to promote higher density housing unless the preponderance of the evidence demonstrates otherwise.
(b) Notwithstanding subdivision (a) above, the Exemption for Affordable Housing Projects near Major Transit Stops does not apply if any one of the following criteria is met:

1. There is a reasonable possibility that the project will have a project- specific, significant effect on the environment due to unusual circumstances;

2. Substantial changes have occurred since community-level environmental review was adopted or certified with respect to the circumstances under which the project is being undertaken, and those changes are related to the project; or

3. New information regarding the circumstances under which the project is being undertaken has become available, and that new information is related to the project and was not known and could not have been known at the time of the community-level environmental review. (c) If a project satisfies the criteria described above in Section 3.12D(a), but is not exempt from CEQA as a result of satisfying the criteria described in Section 3.12D(b), the analysis of the environmental effects of the project in the EIR or the negative declaration for the project shall be limited to an analysis of the project-specific effects of the project and any effects identified pursuant to Paragraph 2 or 3 of Section 3.12D(b), above. (Reference: Pub. Resources Code, §§ 21083, 21159.24; State CEQA Guidelines, § 15195.)
E. Whenever the Lead Agency determines that a project is exempt from environmental review based on Public Resources Code sections 21159.22 [Section 3.12B of these Local Guidelines], 21159.23 [Section 3.12C of these Local Guidelines], or 21159.24 [Section 3.13D of these Local Guidelines], Staff and/or the proponent of the project shall file a Notice of Exemption with the Office of Land Use and Climate Innovation within five (5) working days after the approval of the project. (Reference: State CEQA Guidelines, § 15196.)

3.13 MINOR ALTERATIONS TO FLUORIDATE WATER UTILITIES.

Minor alterations to water utilities made for the purpose of complying with the fluoridation requirements of Health and Safety Code sections 116410 and 116415 or regulations adopted thereunder are exempt from CEQA.
(Reference: State CEQA Guidelines, § 15282(m).)

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3.14 BALLOT MEASURES.

The definition of project in the State CEQA Guidelines specifically excludes the submittal of proposals to a vote of the people of the state or of a particular community. This exemption does not apply to the public agency that sponsors the initiative. When a governing body makes a decision to put a measure on the ballot, that decision may be discretionary and therefore subject to CEQA. In contrast, the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code section 9214 is not a project and therefore is not subject to CEQA review.
(Reference: Local Guidelines Section 3.01; State CEQA Guidelines, § 15378(b)(3).)

3.15 TRANSIT PRIORITY PROJECT.

Exemption: Transit Priority Projects (see Local Guidelines Section 11.75) that are consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a Sustainable Community Strategy or an alternative planning strategy may be exempt from CEQA. To qualify for the exemption, the decision-making body must hold a hearing and make findings that the project meets all of Public Resources Code section 21155.1’s environmental, housing, and public safety conditions and requirements.

Streamlined Review : A Transit Priority Project that has incorporated all feasible mitigation measures, performance standards or criteria set forth in a prior environmental impact report, may be eligible for streamlined environmental review. For a complete description of the requirements for this streamlined review see Public Resources Code section 21155.2. Similarly, the environmental review for a residential or mixed use residential project may limit, or entirely omit, its discussion of growth-inducing impacts or impacts from traffic on global warming under certain limited circumstances. Note, however, that impacts from other sources of greenhouse gas emissions would still need to be analyzed. For complete requirements see Public Resources Code section 21159.28.

Note that neither the exemption nor the streamlined review will apply until: (1) the applicable Metropolitan Planning Organization prepares and adopts a Sustainable Communities Strategy or alternative planning strategy for the region; and (2) the California Air Resources Board has accepted the Metropolitan Planning Organization’s determination that the Sustainable Communities Strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets adopted for the region. (Reference: Pub. Resources Code, §§ 21155.1, 21151.2, 21159.28.)

3.16 CERTAIN INFILL PROJECTS
(a) (1) If an environmental impact report was certified for a planning level decision of the city or county, the application of CEQA to the approval of an infill project shall be limited to the effects on the environment that (A) are specific to the project or to the project site and were not addressed as significant effects in the prior environmental impact report or (B) substantial new information shows the effects will be more significant than described in the prior environmental

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2025 City of Colton Local Guidelines 3-15 ©Best Best & Krieger LLP impact report. The attached Form “S” shall be used for this determination. A lead agency's determination pursuant to this section shall be supported by substantial evidence. (2) An effect of a project upon the environment shall not be considered a specific effect of the project or a significant effect that was not considered significant in a prior environmental impact report, or an effect that is more significant than was described in the prior environmental impact report if uniformly applicable development policies or standards adopted by the city, county, or the lead agency, would apply to the project and the lead agency makes a finding, based upon substantial evidence, that the development policies or standards will substantially mitigate that effect.
(b) If an infill project would result in significant effects that are specific to the project or the project site, or if the significant effects of the infill project were not addressed in the prior environmental impact report, or are more significant than the effects addressed in the prior environmental impact report, and if a mitigated negative declaration or a sustainable communities environmental assessment could not be otherwise adopted, an environmental impact report prepared for the project analyzing those effects shall be limited as follows:
(1) Alternative locations, densities, and building intensities to the project need not be considered.
(2) Growth inducing impacts of the project need not be considered. (c) This section applies to an infill project that satisfies both of the following:
(1) The project satisfies any of the following:

A) Is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, has accepted a metropolitan planning organization's determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. (B) Consists of a small walkable community project located in an area designated by a city for that purpose.
(C) Is located within the boundaries of a metropolitan planning organization that has not yet adopted a sustainable communities strategy or alternative planning strategy, and the project has a residential density of at least 20 units per acre or a floor area ratio of at least 0.75.
(2) Satisfies all applicable statewide performance standards contained in the guidelines adopted pursuant to Public Resources Code section 21094.5.5 (Form “R”).

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2025 City of Colton Local Guidelines 3-16 ©Best Best & Krieger LLP (d) This section applies after the Secretary of the Natural Resources Agency adopts and certifies the guidelines establishing statewide standards pursuant to Public Resources Code section 21094.5.5.
(e) For the purposes of this section, the following terms mean the following:
(1) “Infill project” means a project that meets the following conditions:
(A) Consists of any one, or combination, of the following uses:
(i) Residential.
(ii) Retail or commercial, where no more than one-half of the project area is used for parking.
(iii) A transit station.
(iv) A school.
(v) A public office building.
(B) Is located within an urban area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses.
(2) “Planning level decision” means the enactment or amendment of a general plan, community plan, specific plan, or zoning code.
(3) “Prior environmental impact report” means the environmental impact report certified for a planning level decision, as supplemented by any subsequent or supplemental environmental impact reports, negative declarations, or addenda to those documents. (4) “Small walkable community project” means a project that is in an incorporated city, which is not within the boundary of a metropolitan planning organization and that satisfies the following requirements:
(A) Has a project area of approximately one-quarter mile diameter of contiguous land completely within the existing incorporated boundaries of the city. (B) Has a project area that includes a residential area adjacent to a retail downtown area.
(C) The project has a density of at least eight dwelling units per acre or a floor area ratio for retail or commercial use of not less than 0.50. (5) “Urban area” includes either an incorporated city or an unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria:

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2025 City of Colton Local Guidelines 3-17 ©Best Best & Krieger LLP (A) The population of the unincorporated area and the population of the surrounding incorporated cities equal a population of 100,000 or more. (B) The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities.
(Reference: Pub. Resources Code, § 21094.5.)

3.17 EXEMPTION FOR RESIDENTIAL OR MIXED-USE HOUSING PROJECTS CEQA does not apply to residential or mixed-used housing projects, located in unincorporated areas of a county, that meet the requirements set forth below. For purposes of this section, “residential or mixed-use housing project” means a project consisting of multifamily residential uses only or a mix of multifamily residential and nonresidential uses, with at least two- thirds of the square footage of the development designated for residential use.

This exemption shall apply to a residential or mixed-use housing project if all of the following conditions are met:
(1) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations.
(2) (A)The public agency approving or carrying out the project determines, based upon substantial evidence, that the density of the residential portion of the project is not less than the greater of the following:
a. The average density of the residential properties that adjoin, or are separated only by an improved public right-of-way from, the perimeter of the project site, if any.
b. The average density of the residential properties within 1,500 feet of the project site.
c. Six dwelling units per acre.
(B) The residential portion of the project is a multifamily housing development that contains six or more residential units.
(3) The proposed development occurs within an unincorporated area of a county on a project site of no more than five acres substantially surrounded by qualified urban uses. “Substantially surrounded” means (1) at least 75 percent of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses; and (2) the remainder of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that have been designated for qualified urban uses in a zoning, community plan, or general plan for which an environmental impact report was certified.

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2025 City of Colton Local Guidelines 3-18 ©Best Best & Krieger LLP (4) The project site has no value as habitat for endangered, rare, or threatened species.
(5) Approval of the project would not result in any significant effects relating to transportation, noise, air quality, greenhouse gas emissions, or water quality. (6) The site can be adequately served by all required utilities and public services. (7) The project is located on a site that is a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

The exemption does not apply to the project if any of the following conditions exist: (1) the cumulative impact of successive projects of the same type in the same place over time is significant; (2) there is a reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances; (3) the project may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway; (4) the project is located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; (5) the project may cause a substantial adverse change in the significance of a historical resource; or (6) the project may cause a substantial adverse impact to tribal cultural resources.

If the lead agency determines that a project is not subject to this division pursuant to this section and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and with the county clerk in the county in which the project will be located.

This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Reference: Pub. Resources Code, § 21159.25.)

3.18 EXEMPTION FOR INFILL PROJECTS IN TRANSIT PRIORITY AREAS A residential or mixed-use project, or a project with a floor area ratio of at least 0.75 on commercially-zoned property, including any required subdivision or zoning approvals, is exempt from CEQA if the project satisfies the following criteria:
 The project is located within a transit priority area as defined in Section 11.74 below;  The project is consistent with an applicable specific plan for which an environmental impact report was certified; and
 The project is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board has accepted the determination that the sustainable communities strategy or the

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2025 City of Colton Local Guidelines 3-19 ©Best Best & Krieger LLP alternative planning strategy would achieve the applicable greenhouse gas emissions reduction targets.

Further environmental review shall be required for a project meeting the above criteria only if one of the events specified in Section 8.04 below occurs.
(Reference: State CEQA Guidelines, § 15182(b).)

3.19 EXEMPTION FOR RESIDENTIAL PROJECTS UNDERTAKEN PURSUANT TO A SPECIFIC PLAN Where a public agency has prepared an EIR for a specific plan after January 1, 1980, a residential project undertaken pursuant to and in conformity with that specific plan is generally exempt from CEQA. Residential projects covered by this section include, but are not limited to, land subdivisions, zoning changes, and residential planned unit developments.

Further environmental review shall be required for a project meeting the above criteria only if, after the adoption of the specific plan, one of the events specified in Section 8.04 below occurs.

In that circumstance, this exemption shall not apply until the city or county which adopted the specific plan completes a subsequent EIR or a supplement to an EIR on the specific plan. The exemption provided by this section shall again be available to residential projects after the Lead Agency has filed a Notice of Determination on the specific plan as reconsidered by the subsequent EIR or supplement to the EIR.
(Reference: State CEQA Guidelines, § 15182(c).)

3.20 TRANSFER OF LAND FOR THE PRESERVATION OF NATURAL CONDITIONS CEQA does not apply to the acquisition, sale, or other transfer of interest in land by the City for the purpose of fulfilling any of the following purposes: (1) preservation of natural conditions existing at the time of transfer, including plant and animal habitats, (2) restoration of natural conditions, including plant and animal habitats, (3) continuing agricultural use of the land; (4) prevention of encroachment of development into flood plains; (5) preservation of historical resources; or (6) preservation of open space or lands for park purposes. CEQA similarly does not apply to the granting or acceptance of funding by the City for the foregoing purposes.

The foregoing applies even if physical changes to the environment or changes in the use of the land are a reasonably foreseeable consequence of the acquisition, sale, or other transfer of the interests in land, or of the granting or acceptance of funding, provided that environmental review otherwise required by CEQA occurs before any project approval that would authorize physical changes being made to that land.

The City must file a Notice of Exemption with the State Clearinghouse and the County Clerk should it find a project exempt under this provision. (Reference: Pub. Resources Code, § 21080.28.)

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3.21 TRANSIT PRIORITIZATION PROJECTS.

CEQA exempts the following projects when (i) the project is carried out by a local agency that is the lead agency for the project; (ii) the project does not induce single-occupancy vehicle trips, add additional highway lanes, widen highways, or add physical infrastructure or striping to highways except for minor modifications needed for efficient and safe movement of transit vehicles, bicycles, or high-occupancy vehicles, such as extended merging lanes, shoulder improvements, or improvements to the roadway within the existing right of way; (iii) the project does not include the addition of any auxiliary lanes; and (iv) the construction of the project shall not require the demolition of affordable housing units:
(1) Pedestrian and bicycle facilities—including bicycle parking, bicycle sharing facilities, and bikeways as defined in Section 890.4 of the Streets and Highways Code—that improve safety, access, or mobility, including new facilities, within the public right-of-way;
(2) Projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians within the public right-of-way; (3) Transit prioritization projects, which are defined to mean any of the following transit project types on highways or in the public right-of-way:
(a) Signal and sign changes, such as signal coordination, signal timing modifications, signal modifications or the installation of traffic signs or new signals;
(b) The installation of wayside technology and onboard technology; (c) The installation of ramp meters;
(d) The conversion to dedicated transit lanes, including transit queue jump or bypass lanes, shared turning lanes and turn restrictions, the narrowing of lanes to allow for dedicated transit lanes or transit reliability improvements, or the widening of existing transit travel lanes by removing or restricting street parking; and (e) Transit stop access and safety improvements, including, but not limited to, the installation of transit bulbs and the installation of transit boarding islands. (4) A project for the designation and conversion of general purpose lanes to high- occupancy vehicle lanes or bus-only lanes, or highway shoulders to part-time transit lanes, for use either during peak congestion hours or all day on highways with existing public transit service or where a public transit agency will be implementing public transit service as identified in a short range transit plan. (5) A project for the institution or increase of bus rapid transit, bus, or light rail service, including the construction or rehabilitation of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission, near-zero emission, low oxide of nitrogen engine, compressed natural gas fuel, fuel cell, or

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2025 City of Colton Local Guidelines 3-21 ©Best Best & Krieger LLP hybrid powertrain buses or light rail vehicles, on existing public rights-of-way or existing highway rights-of-way, whether or not the right-of-way is in use for public mass transit. The project shall be located on a site that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United State Census Bureau.
(6) A public project for the institution or increase of passenger rail service, other than light rail service eligible under paragraph (5), including the construction or rehabilitation of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission trains. The project shall be located entirely within an existing rail right-of-way or existing highway right-of-way, whether or not the right-of-way is in use for passenger rail transit. (7) A project to construct or maintain infrastructure to charge or refuel zero-emission transit buses, provided the project is carried out by a public transit agency that is subject to, and in compliance with, the State Air Resources Board's Innovative Clean Transit regulations (Article 4.3 (commencing with Section 2023) of Chapter 1 of Division 3 of Title 13 of the California Code of Regulations) and the project is located on property owned by the transit agency or within an existing public right- of-way.

A lead agency applying an exemption pursuant to this paragraph for hydrogen refueling infrastructure or facilities necessary to refuel or maintain zero-emission public transit buses, trains, or ferries shall hold a noticed public hearing and give notice of the meeting consistent with Public Resources Code section 21080.25(b)(6)(B).
(8) The maintenance, repair, relocation, replacement, or removal of any utility infrastructure associated with a project identified in paragraphs (1) to (6), inclusive. (9) A project that consists exclusively of a combination of any of the components of a project identified in paragraphs (1) to (7), inclusive. (10) A planning decision carried out by a local agency to reduce or eliminate minimum parking requirements or institute parking maximums, remove or restrict parking, or implement transportation demand management requirements or programs.

Additional conditions apply to a project otherwise exempt under this section if the project exceeds fifty million dollars ($50,000,000), as set forth in Public Resources Code section 21080.25(d)-(e).

Moreover, a project exempt under this section may be subject to certain labor requirements, including that the project be completed by a skilled and trained workforce, as set forth in Public Resources Code section 21080.25(f).

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2025 City of Colton Local Guidelines 3-22 ©Best Best & Krieger LLP If the City determines that a project is not subject to CEQA pursuant to this section and approves that project, the City must file a Notice of Exemption with both the Office of Land Use and Climate Innovation and the County Clerk of the county in which the project is located.

This exemption shall remain in effect only until January 1, 2030, and as of that date it will be repealed. (Reference: Pub. Resources Code, § 21080.25.)

3.22 TRANSPORTATION PLANS, PEDESTRIAN PLANS, AND BICYCLE TRANSPORTATION PLANS.

CEQA does not apply to an active transportation plan, a pedestrian plan, or a bicycle transportation plan for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and the related signage for bicycles, pedestrians, and vehicles. An active transportation plan or pedestrian plan is encouraged to include the consideration of environmental factors, but that consideration does not inhibit or preclude the application of this section.

An individual project that is part of an active transportation plan or pedestrian plan remains subject to CEQA unless another exemption applies to that project.

Before determining that a project is exempt pursuant to this section, the Lead Agency must hold noticed public hearings in areas affected by the project to hear and respond to public comments. Publication of the notice must comply with Government Code section 6061 and be in a newspaper of general circulation in the area affected by the proposed project.

If the City determines that a project is not subject to CEQA pursuant to this section and approves that project, the City must file a Notice of Exemption with both the Office of Land Use and Climate Innovation and the County Clerk of the county in which the project is located.

For purposes of this section, the following definitions apply:

(1) “Active transportation plan” means a plan developed by a local jurisdiction that promotes and encourages people to choose walking, bicycling, or rolling through the creation of safe, comfortable, connected, and accessible walking, bicycling, or rolling networks, and encourages alternatives to single-occupancy vehicle trips.

(2) “Pedestrian plan” means a plan developed by a local jurisdiction that establishes a comprehensive, coordinated approach to improving pedestrian infrastructure and safety.

This exemption shall remain in effect only until January 1, 2030, and as of that date it will be repealed. (Reference: Pub. Resources Code, § 21080.20.)

3.23 WATER SYSTEM WELLS AND DOMESTIC WELL PROJECTS
CEQA does not apply to the construction, maintenance, repair, or replacement of a well or a domestic well that meets all of the following conditions:

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Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Colton Local Guidelines 3-23 ©Best Best & Krieger LLP (1) The domestic well or water system to which the well is connected has been designated by the State Water Resources Control Board (“State Board”) as high risk or medium risk in the State Board’s drinking water needs assessment; (2) The well project is designed to mitigate or prevent a failure of the well or the domestic well that would leave residents that rely on the well, the water system to which the well is connected, or the domestic well without an adequate supply of safe drinking water;
(3) The lead agency determines all of the following:
(a) The well project is not designed primarily to serve irrigation or future growth.
(b) The well project does not affect wetlands or sensitive habitats. (c) Unusual circumstances do not exist that would cause the well project to have a significant effect on the environment.
(d) The well project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.
(e) The well project does not have the potential to cause a substantial adverse change in the significance of a historical resource.
(f) The well project’s construction impacts are fully mitigated consistent with applicable law.
(g) The cumulative impact of successive reasonably anticipated projects of the same type as the well project, in the same place, over time, is not significant.

Before determining that a well project is exempt pursuant to this section, a lead agency must contact the State Board to determine whether claiming the exemption under this section will affect the ability of the well project to receive federal financial assistance or federally capitalized financial assistance.

A lead agency that determines that a well project is exempt under this section must file a notice of exemption with both the Land Use and Climate Innovation and the County Clerk. The notice of exemption must explain whether the project is additionally exempt from CEQA under Public Resources Code section 21080 (e.g., whether it is a ministerial project, an emergency repair necessary to maintain service, or an action necessary to prevent or mitigate an emergency), Public Resources Code section 21080.47 (see Section 3.24 of these Local Guidelines, below), or under the Class 1 (Existing Facilities) or Class 2 (Replacement or Reconstruction) categorical exemptions (see Section 3.31 of these Local Guidelines, below). If none of the exemptions referenced in this paragraph apply to a project that is otherwise exempt under this section, the notice of exemption must explain why the exemptions referenced in this paragraph do not apply to the project.

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Colton City CouncilMarch 3, 2026

Colton City Council
March 3, 2026