Agenda packet — Colton City Council, April 5, 2022 (part 1 of 2)

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

Mayor Frank J. Navarro
Council Members:

David J. Toro - District 1
Ernest R. Cisneros - District 2
Kenneth J. Koperski - District 3
Dr. Luis S. Gonzalez - District 4
John R. Echevarria - District 5
Isaac T. Suchil - District 6

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Carolina R. Padilla

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, APRIL 5, 2022 – 5:00 P.M.

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

CLOSED SESSION CALLED TO ORDER

ROLL CALL
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

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

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

2 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Oliveri v. City of Colton
San Bernardino Superior Court, Case No. CIVDS 2003984
B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Montoya v. City of Colton
San Bernardino Superior Court, Case No. CIVDS 2003863
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Modern Pacific Homes, LLC. V. City of Colton, et al.,
San Bernardino Superior Court, Case No. CIVSB2120518
D. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (Government Code section 54956.9(d)(2))
One (1) Potential Case

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

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

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Tasaka- The Vineyard Church

FLAG SALUTE

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Proclamation- DMV/ Donate Life Month
 Presentation - Life Saving Award

MAYOR AND COUNCIL ITEMS

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

APPOINTMENTS
 D1 Utilities Commission Appointment- Colin Strange

MAYOR AND COUNCIL DISCUSSION ITEMS
 Building Color Policy (CM Gonzalez)

PUBLIC HEARINGS
To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. (1) Warehouse and Truck and Trailer Storage/Parking ZTA and Direction Regarding Moratorium Extension - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO.

O-06-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, TO AMEND, CERTAIN SECTIONS IN CHAPTERS 18.04; 18.06; 18.24, 18.26, 18.28, AND 18.48 O F TITLE 18 (ZONING) OF

THE COLTON MUNICIPAL CODE RELATED TO DEFINITIONS, PERMITTED USES, DEVELOPMENT STANDARDS IN THE I-P (INDUSTRIAL PARK), M-1 (LIGHT INDUSTRIAL) AND M-2 (HEAVY INDUSTRIAL) ZONES, AND SPECIAL PROVISIONS (FILE INDEX NO. DAP-001-697), ORDINANCE NO. O-06-22. [Staff Person: Mark Tomich]
Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

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

MOTION __________ SECOND __________

4 BUSINESS ITEMS
(2) Residential Organic Recycling Workshop - Discussion and Possible Direction to Staff Regarding Residential Organics Program and SB1383 Compliance.
[Staff Person: Brian Dickinson]
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding C onsent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

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

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

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

(3) Minutes - Approval of Minutes for the City Council Regular Meeting held on March 15, 2022, on file in the Office of the City Clerk.
[Staff Person: Carolina Padilla]
(4) Warrants - Approve US Bank voucher dated 02/25/2022 and totaling $21,301.91; voucher numbers 197714 to 197824 dated 03/03/2022 and totaling $1,398,751.26; replacement checks dated 03/08/2022 and totaling $906.05; voucher numbers 197827 to 197959 dated 03/10/2022 and totaling $458,791.17; voucher numbers 197960 to 198099 dated 03/17/2022 and totaling $198,326.69; replacement checks dated 03/21/2022 and totaling $27,908.13; voucher numbers 198106 to 198232 dated 03/24/2022 and totaling $4,475,537.69; payroll disbursement listing dated 01/22/2022 to 02/04/2022 and totaling $842,830.46 and a payroll disbursement listing dated 02/05/2022 to 02/18/2022 and totaling $912,470.49. [Staff Person: Stacey Dabbs]
(5) City Treasurer's Report - Receive and File City Treasurer's Report for January 2022. [Staff Person: Aurelio De La Torre]
(6) Contract Amendment - Engineering Resources of Southern California - Approve Amendment to Professional Services Agreement (PSA) for Engineering Services with Engineering Resources of Southern California for Fiscal Year 21/22.
[Staff Person: Brian Dickinson]
(7) Contract Amendment - Fire Apparatus Solutions - Approve an Amendment to the Current Fire Apparatus Solutions Contract and Approve and Adopt Resolution No. R-29-22 to Amend the FY 2021-22 Budget to Increase Appropriations, RESOLUTION NO. R-29-22.
[Staff Person: Tim McHargue]

5 (8) Contract Award - NBS - Approve Contract Award to NBS for Water and Wastewater Rates and Fees Studies. [Staff Person: Brian Dickinson]
(9) Contract Amendment - Dennis Grubb & Associates - Approve a Contract Amendment with Dennis Grubb & Associates for Fire Plan Check Services and Amend the FY2021-22 budget to Appropriate Funds for the Contract Amendment, RESOLUTION NO. R-36-22.
[Staff Person: Tim McHargue]
(10) Emergency Update - M Street Line Repair - Approve M Street Line Repair Emergency Update and Continuance of Emergency.
[Staff Person: Brian Dickinson]
(11) Emergency Work Complete - Century Substation - Approve Notice of Completion for Emergency Work at Century Substation Complete.
[Staff Person: Brian Dickinson]
(12) Enterprise Licensing Agreement - Microsoft 365 - Approve Agreement with the California Department of Technology (CDT) for Microsoft 365 Enterprise Licensing. [Staff Person: Stacey Dabbs]
(13) Obsolete Records Destruction - Approve and Adopt a Resolution Authorizing the Destruction of Certain Obsolete Records, RESOLUTION NO. R-26-22.
[Staff Person: Carolina Padilla]
(14) Purchase - Fire Department Ladder Truck - Approve and Adopt Resolution No. R-27-22 to Authorize the Purchase of a 2023 KME Tractor Drawn Aerial Ladder Truck for the Fire Department, RESOLUTION NO. R-27-

22. [Staff Person: Tim McHargue]
(15) Program Supplement Agreement - Guardrail Repair Project - Approve and Adopt Resolution No. R-34-22 and R-35-22 to Approve Program Supplement Agreement No. 000000Z43 for the HSIP Funded – Guardrail Replacement Project and to Amend the FY2021-22 Budget, RESOLUTION NO. R-34-22, RESOLUTION NO. R- 35-22.
[Staff Person: Brian Dickinson]
(16) Parking Restriction - Via De La Zanja Lane - Approve and Adopt Resolution No. R-30-22 to Authorize Parking Restrictions along Via De La Zanja Lane from Washington Street to the South End, RESOLUTION NO.

R-30-22.
[Staff Person: Brian Dickinson]
(17) Warehouse Moratorium - 10-day Report - Receive and File the 10-Day Report Regarding the Warehouse Moratorium.
[Staff Person: Mark Tomich]
(18) Resolution - Military Banner Policy - Approve and Adopt a Resolution Updating the Military Banner Program Policy and Guidelines, RESOLUTION NO. R-23-22.
[Staff Person: Deb Farrar]

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

CITY MANAGER'S REPORTS

ADJOURNMENT

6 I, Stephanie Vargas, Acting Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

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

PROCEDURES FOR ADDRESSING CITY COUNCIL

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

RULES OF DECORUM

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

NOTICE TO PUBLIC

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

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

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

LEGAL CHALLENGES

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

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R -150-07; Amended by Minute Action on December 2, 2014 and adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-06-22, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON,

CALIFORNIA, TO AMEND, CERTAIN SECTIONS IN CHAPTERS

18.04; 18.06; 18.24, 18.26, 18.28, AND 18.48 OF TITLE 18 (ZONING)

OF THE COLTON MUNICIPAL CODE RELATED TO DEFINITIONS,

PERMITTED USES, DEVELOPMENT STANDARDS IN THE I-P
(INDUSTRIAL PARK), M-1 (LIGHT INDUSTRIAL) AND M-2
(HEAVY INDUSTRIAL) ZONES, AND SPECIAL PROVISIONS (FILE
INDEX NO. DAP-001-697), ORDINANCE NO. O-06-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Waive Full Reading. Read by Title Only and Introduce First Reading Ordinance No. O-06-22 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND, CERTAIN SECTIONS IN CHAPTERS 18.04; 18.0 6; 18.24, 18.26, 18. 28, AND 18. 48 OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE RELATED TO DE FINITIONS,

PERMITTED USES, DEVELOPMENT STANDARDS IN THE I-P (INDUSTRIAL PARK), M- 1 (LIGHT INDUSTRIAL) AND M -2 (HEAVY INDU STRIAL) ZONES, AND S PECIAL PROVISIONS (FILE INDEX NO. DAP-001-697).

2. PROVIDE DIRECTION TO STAFF REGARDING EXTENSION OF MORATORIUM FOR AN ADDITIONAL PERIOD OF ONE YEAR.

1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
Warehouse and Truck and Trailer Storage/Parking ZTA and Direction Regarding Moratorium Extension
April 5, 2022

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BACKGROUND

Since 2013, the City has initiated a number of amendments of several Zoning Code (Title 18 of the Municipal Code). The various amendments have generally been grouped to address various topics into single, unified code text amendments. The amendments were prepared for the following purposes:
 Provide clarity to implement existing regulations.
 Provide internal consistency with other code regulations.  Allow greater flexibility for certain standards.
 Address potential negative impacts from specified uses.

The adopted zoning text amendments are summarized in the table below:

Year Zoning Text Amendments
2013 DAP-001-095 – Cleanup Phase 1 - Amending various sections for general plan consistency 2014 DAP-001-133 – Disbanding Design Review Committee (DRC) 2014 DAP-001-147 – Emergency shelters, transitional housing, 2014 DAP-001-184 – Cleanup Phase 2-A - Amending various sections including adding hillside preservation, compact lot divisions
2015 DAP-001-248 – Adult Use Regulations
2016 DAP-001-277 – Cleanup Phase 2-B – Amend & Expand SDA-O, Sensitive Development Overlay, zone
2016 DAP-001-283 – Marijuana cultivation
2016 DAP-001-287 – Expand Public Noticing
2016 DAP-001-301 – Off-premise signage (billboards)
2016 DAP-001-307 – Create C-2, D-O, Downtown Overlay Zone 2016 DAP-001-314 – Allow R-1 Carports in Front Setback
2016 DAP-001-325 – Add Minor CUP
2016 DAP-001-360 – Personal, Medical, & Commercial Marijuana Uses 2017 DAP-001-386 – Accessory Dwelling Units (ADU)
2017 DAP-001-388 – Residential Indoor Marijuana Cultivation (Personal Use) 2017 DAP-001-426 – Commercial Marijuana Cultivation & Overlay Zone 2017 DAP-001-431 – Electric Fences
2017 DAP-001-441 – Sign Code - Public Benefit Amendment 2018 DAP-001-502 – Appeals
2018 DAP-001-504 – Cleanup Phase 3 – Various code amendments 2018 DAP-001-514 – Deemed Approved Nonconforming Alcohol Licenses 2019 DAP-001-573 – Marijuana Cultivation
2019 DAP-001-586 – Cleanup Phase 4 – Various code amendments 2020 DAP-001-638 – Electric Fences
2020 DAP-001-650 – ADUs and JADUs
2020 DAP-001- 671 – Marijuana Candidate Sites (MCS) Overlay on La Crosse Avenue 2020 DAP-001-673 – Phase 4A – Animal Daycare, congregate care, R-1 Landscaping & other clean-ups

1.1 Packet Pg. 9
Staff Report to the Mayor and City Council
Warehouse and Truck and Trailer Storage/Parking ZTA and Direction Regarding Moratorium Extension
April 5, 2022

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Year Zoning Text Amendments
2022 DAP-001-697 – Phase 5 – Warehouses, Business Park & Truck & Trailer Storage/Parking

Due to the recent and rapid expansion of industrial developments within the City and neighboring communities, particularly the development and expansion of warehouses, Colton residents and businesses have experienced various adverse impacts related to these industrial developments, including incompatibility with adjacent uses, increased truck traffic, damage to local streets, and deteriorating air quality and environmental health. In particular, the City Council has determined that the placement of these warehouses, distribution centers, and logistics facilities, including related uses such as truck storage facili ties within the City are a current and immediate threat to public health, safety, and welfare. In response to these concerns, the City Council adopted Urgency Ordinance O -03-21 on May 4, 2021, establishing a 45 -day moratorium on warehouses and truck storag e facilities. A “10-day report” with a draft work plan was approved on June 1, 2021, and on June 15, 2021, the Urgency Ordinance was extended to May 3, 2022 (Ordinance O -05-21). The Urgency Ordinance prohibits the approval of any uses, facilities, or impro vements that may conflict with a contemplated zoning proposal that the City Council, Planning Commission, or the Development Services Department (“Planning Department”) is considering or studying or intends to study within this timeframe. Staff has been using this timeframe to work with the City’s “Warehouse Moratorium Ad -Hoc Committee” to formulate recommendations to address the adverse impacts that led to adoption of the Urgency Ordinance (Attachment 1). The Ad -Hoc Committee members, as appointed by the C ity Council and Planning Commission, consist of the following members:

Council Member, Ernest Cisneros (District 2)
Council Member, Isaac Suchil (District 6)
Planning Commission Vice Chair, Gary Grossich (District 4) Planning Commissioner, Angel Delgado (District 3)
The Ad -Hoc Committee held three meetings at which staff presented research data and recommendations to the Committee which then provided comments and direction to staff:

August 23, 2021, September 29, 2021 and November 22, 2021. In a ddition, staff conducted the following outreach meetings with community members and industry stakeholders:

Industry Stakeholders Meeting: August 19, 2021
Community Stakeholders Meeting #1: October 21, 2021
Community Stakeholders Meeting #2: November 3, 2021
Summaries of the three meetings are attached to this report (Attachments 2-4).

On January 18, 2022, staff presented recommendations by the Ad -Hoc Committee to the City Council. After a presentation and some discussion, the City Council unanimo usly approved the

1.1 Packet Pg. 10
Staff Report to the Mayor and City Council
Warehouse and Truck and Trailer Storage/Parking ZTA and Direction Regarding Moratorium Extension
April 5, 2022

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Warehouse Moratorium Ad-Hoc Committee’s recommendations, which includes the zoning text amendments brought forward in this staff report.

Other areas such as the Building Code amendments (“Reach Codes”), Community Facilities District am endments and Truck Route Map will be moving forward at a later date contingent upon approval of the FY 2022-23 budget.

On March 22, 2022, the Planning Commission approved by a 4-0-2 vote, Resolution No.

R-01-22, recommending City Council approval of var ious zoning text amendments as amended related to warehouses, business parks, truck and trailer storage/parking uses amending, Title 18 (Zoning Code) to address various items including, but not limited to, amending certain sections in Chapters 18.04; 18.0 6; 18.24, 18.26, 18.28, and 18.48 of Title 18 of the Colton Municipal Code related to definitions, permitted uses, development standards in the I -P (Industrial Park), M-1 (Light Industrial) and M-2 (Heavy Industrial) Zones, and Special Provisions. The Planning Commission’s approval included two changes to the proposed ordinance:

1. Replace existing language for 1000 separation distance between warehouses and sensitive receptors to a maximum 300 feet separation between larger warehouses and sensitive receptors.

2. Specify that the effective date of this Ordinance shall automatically repeal the Warehouse Moratorium Ordinance No. O -05-21 (effective on May 5, 2022 if first reading of the Ordinance is conducted at today’s meeting).

ISSUES/ANALYSIS

A. Measures to Add ress Warehouse Distribution Centers, Truck Storage Facilities and Related Uses

The Ad-Hoc Committee has recommended a series of specific Zoning Code and Building Code amendments, policy initiatives and focused studies for consideration by the City Council , at large. A summary of t he Committee’s recommendations are provided below, along with staff comments.

1. Zoning Text Amendments
The recommended amendments are summarized in the table below, which are described in more detail in Attachment 1 to this re port (Planning Commission Resolution) , and in the draft Ordinance (Attachment 2).

The summary table below provides a list of topics and a brief summary of the proposed changes:

Topic Summary

1. New Definitions New definitions for general warehouse, warehouse logistics and distribution and sensitive receptors of Chapter 18.04 (Definitions)

1.1 Packet Pg. 11
Staff Report to the Mayor and City Council
Warehouse and Truck and Trailer Storage/Parking ZTA and Direction Regarding Moratorium Extension
April 5, 2022

Page 5 ends

Topic Summary

2. Permitted Uses Table
Industrial Uses – Table G of 18.06 is updated to include specified industrial uses with conditional use permit; compliance with special provisions and prohibiting warehouses logistics distribution and truck/trailer storage and parking within I-P and M-1 Zones.

3. Industrial Zones
I-P, M-1, & M-2 Zones amended to include additional compliance with special provisions for specified uses and clarification of landscape requirements specifically for truck and trailer storage and parking areas.

4. Special Provisions Added various standards for business park, truck and trailer storage and parking; general warehouses, warehouse logistics and distribution projects

Comment: The land use table update and special provisions provide additional protections and prohibitions for larger logistics and distribution projects, along with new conditional use permit requirements for all industrial warehouse pr ojects and truck and trailer storage/parking areas.

Smaller general warehouse projects, 45% lot coverage with maximum size of 98,010 square feet .

Larger warehouses, buildings over 107,811 square feet, will have to meet the 300 to 800 foot separation standards. The methodology in arriving at the 107,811 square feet was made to differentiate a large warehouse from general warehouses. A general warehouse is defined as a building that is a maximum of 98,010 square feet. The 10% difference is provided to give some flexibility or “wiggle room” for a request to increase a general warehouse building size by a 10% through a minor deviation.

The 98,010 square feet building size was calculated by using a 45 percent lot coverage of a one - acre lot multiplied by 5 (5 acres), which then provided a 107,811 square foot building size which is used to differentiate the larger logistics and distribution warehouse from the general warehouse.

2. Building Code Amendments

 Adopt “Reach Codes” for nonresidential industrial buildings.

Comment: Reach Codes are amendments to the Energy and Green Building Standards Codes to reduce greenhouse gas emissions. A Reach Codes ordinance would expand requirements for electrification and energy efficiency for new construction projects . This amendment can be conducted concurrent with the 2022 Building Code update, scheduled for late 2022.

3. Review the City’s current Truck Route Plan (adopted in 2016), and modify as necessary to ensure the safety of Colton residents.

Comment: This study of truck routes and revisions, as needed, would be conducted by Public Works/Engineering Division.

1.1 Packet Pg. 12
Staff Report to the Mayor and City Council
Warehouse and Truck and Trailer Storage/Parking ZTA and Direction Regarding Moratorium Extension
April 5, 2022

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4. Hire (or reassign) a Code Compliance Officer to Development Services to assist with enforcement of non-conforming businesses.

Comment: Code Compl iance Officers currently provide enforcement services for residential, commercial and industrial properties. Focusing the duties of one Officer on non -conforming businesses is feasible, including zoning enforcement, business occupancy permits, business licenses, conditions of approval and CEQA mitigation monitoring. However, based on input from the Police Department, assigning one Officer solely to business enforcement activities would necessitate hiring of an additional Code Officer. Rather than divide rep orting relationships and department functions, staff recommended that the all Code Compliance Officers remain with the Police Department, but continue to closely coordinate with Business License, Building & Safety, and Planning.

5. For all Development Ag reement and/or Public Benefit Agreement negotiations, the City should contract with a consultant to conduct negotiations on behalf of the City and ensure maximum public benefits.

B. Consideration of Moratorium Extension

The current Moratorium on warehouse d istribution centers, truck storage facilities and related uses will expire on May 3, 2022. Based on direction from the Planning Commission, staff has inserted language into the draft ZTA Ordinance to automatically repeal Moratorium upon the effective date of the ZTA (May 5, 2022 if first reading is conducted at this meeting).

Although adoption of the Ordinance presented herein will address many of the environmental and quality of life issues identified by the City Council in adopting the Moratorium, sta ff has not yet finished its work in this regard. Remaining Ad-Hoc Committee recommendations to be implemented include adoption of the “Reach Codes” to reduce greenhouse gas emissions ; reviewing the City’s Truck Route Plan and modifying, as needed; hiring (or reassigning) a Code Compliance Officer to focus on enforcement of non -conforming businesses; securing a consultant to assist with Development Agreement negotiations ; and amending the methodology for calculating Community Facilities District assessments on truck storage facilities. Should the City Council desire to extend the Moratorium to allow staff to address the remaining recommendations of the Ad -Hoc Committee, it may extend the Moratorium for an additional period of one year, pursuant to Government Code section 65858(a) to May 3, 2023.

If the City Council directs staff to extend the Moratorium, staff will return with an amendment to extend the Moratorium Ordinance for consideration at a public hearing to be held on April 19, 2022.

ENVIRONMENTAL DETERMINATION

1.1 Packet Pg. 13
Staff Report to the Mayor and City Council
Warehouse and Truck and Trailer Storage/Parking ZTA and Direction Regarding Moratorium Extension
April 5, 2022

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The subject Zoning Text Amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and Sections 15060(b)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments propose regulatory and administrative amendments to the zoning code. Additional environmental review will be conducted for individual projects that are affected by this code amendment.

FISCAL IMPACTS

No fiscal impacts are associated with this Municipal Code Amendment to Title 18 (Zoning Code) of the City of Colton.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1_PC Reso No. R-01-22_DAP-001-697

2. Attachment 2_Ord No. O-06-22

1.1 Packet Pg. 14

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Attachment: Attachment 1_PC Reso No. R-01-22_DAP-001-697 [Revision 1] (3561 : Warehouse and Truck and Trailer Storage/Parking ZTA and

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Attachment: Attachment 1_PC Reso No. R-01-22_DAP-001-697 [Revision 1] (3561 : Warehouse and Truck and Trailer Storage/Parking ZTA and

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Attachment: Attachment 1_PC Reso No. R-01-22_DAP-001-697 [Revision 1] (3561 : Warehouse and Truck and Trailer Storage/Parking ZTA and

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Attachment: Attachment 1_PC Reso No. R-01-22_DAP-001-697 [Revision 1] (3561 : Warehouse and Truck and Trailer Storage/Parking ZTA and 1 2
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23152.06020\32617662.1

Exhibit - A
ORDINANCE NO. O-XX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMEND CERTAIN SECTIONS IN CHAPTERS 18.04; 18.06; 18.24, 18.26, 18.28, AND 18.48 OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE RELAT ED TO

DEFINITIONS, PERMITT ED USES, DEVELOPMENT STANDARDS IN THE I -P (INDUSTRIAL PARK), M-1 (LIGHT INDUSTRIAL) AND M-2 (HEAVY INDUSTRIAL) ZONES, AND SPECIAL PROVISIONS (FILE INDEX NO. DAP-001-697).

WHEREAS, on March 22, 202 2, the Planning Commission of the City of Colton (“Planning Commission”) conducted a duly noticed public hearing and recommended the City Council of the City of Colton (“City Council”) amend Title 18 of the Colton Municipal Code (the “Municipal Code”). Following the conclusion of said hearing , the Planning Commission adopted their Resolution No. R-01-22, recommending approval to the City Council to amend (“Zoning Text Amendment”) Chapters 18.04; 18.06; 18.24, 18.26, 18.28, and 18.48 of Title 18 of the Colton Municipal Code; and

WHEREAS, the City Council has determined that the Zoning Text Amendment is consistent with the City of Colton General Plan (“General Plan”) as indicated below; and

WHEREAS, the City Council has determined that the proposed Zoning Text Amendment is in the best int erests of the City, and that it would be in the public interest to approve the Zone Text Amendment; and

WHEREAS, the Zoning Text Amendment was reviewed, studied and found exempt from the California Environmental Quality Act (“CEQA”) as more fully described below; and

WHEREAS, on April__, 2022 the City Council held a duly noticed public hearing at which persons wishing to testify in connection with the Zoning Text Amendment were heard and the Zoning Text Amendment was comprehensively reviewed.

WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. The City Council hereby adopts the recitals and findings set forth above and in the agenda report prepared in connection with this Ordinance.

SECTION 2. General Plan Consistency. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report and the findings made in this Ordinance, the City Council hereby finds and determines that the proposed Ordinance is consistent with the goals and policies of the City of Colton General Plan and is reasonably related to the public welfare of the citizens of the City and surrounding regions. The Zoning Text Amendment is necessary to provide clarity to implement existing regulations, provide consistency with other code regulations, allow flexibility to certain standards, and address potential negative impacts. Specifically, provisions in the ordinance address the following General Plan policies:

Land Use Element:
o Policy LU -1.1: “Ensure that all new development conforms to all applic able provisions of the General Plan and Zoning Code.” The Ordinance will modify regulations and uses permitted that allows for review of use and development proposal to ensure consistency with the Gene ral Plan and Zoning Code as proposed herein with chapters 18.04 (Definitions); 18.06 (Permitted Uses); 18.24 (Industrial Park); 18.26 (M- 1 Light Industrial) ; 18.48 (M -2 Heavy Industrial) ; and 18.48 (Special Provisions) including adding a new requirement fo r such uses to obtain a Conditional Use Permit and comply with new Special Provisions.

o Policy LU-1.6: “Ensure that new development projects are compatible with permitted, well-maintained uses and buildings in the surrounding neighborhood or district.” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park), 18.26 (M-1 Light Industrial); 18.48 (M -2 Heavy Industrial); and 18.48 (Special

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Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions.

o Policy LU‐1.8 : “Interpret the Land Use Plan in a manner that provides for compatibility between adjacent land uses, and that allows the City to achieve land use, design, and economic development objectives.” The proposed zoning text amendments provide for parking, speci al findings and findings within a Conditional Use Permit review process to ensure projects are reviewed to be compatible within a neighborhood to achieve land use, design and economic development objectives. This includes compliance with new Special Provisions for “warehouse logistics and distribution and truck and trailer storage and parking uses.” This include s differentiating the sizes between a General Warehouse and a Logistics and Distribution Warehous e. The maximum size of a General Warehouse at 98,010 square feet was derived by using the existing 45 percent typical lot coverage of an acre and multiplying it by 5 (5 -acre equivalent), which is the minimum size of sites developed for warehouse purposes. An additional 10 percent was added to the maximum square footage (as permitted through the Minor Modification process in the Zoning Code) to, arrive at a minimum size for a Logistics and Distribution to be 107,811 square feet in area.

o Goal LU -19: “ Minimize conflicts between industrial activity and residential neighborhoods in South Colton .” The Ordinance will modi fy regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park), 18.26 (M-1 Light Industrial); 18.48 (M- 2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions.

o Policy LU‐19.1: “Require that new and expanded industrial and commercial uses adjacent to residential neighborhoods use physical design features such as buffering, landscaping, setbacks, screening, operational standards, and other methods to minimize light, glare, noise, dust, odor, vibration, traffic, and other impacts. Apply

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the buffering approach identified in Policy LU‐8.2. ” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as prop osed within chapters,

o Policy LU‐19.2: “Provide logical transitions between industrial development and adjacent single‐ family neighborhoods through careful treatment of scale, massing, and the location of services that respond sensitively to adjacent residential uses.” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park), 18.26 (M-1 Light Industrial); 18.48 (M -2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and com ply with new Special Provisions, such as new buffer separation distance requirements between residential neighborhoods, new building placement requirements, architectural design, and screening standards.

o Policy LU‐19.3: “Prohibit through truck traffic on residential streets in south Colton, and develop programs, such as traffic calming, to discourage use of neighborhood streets for commercial vehicle traffic.” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park), 18.26 (M -1 Light Industrial); 18.48 (M -2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions , such as new buffer separation distance requirements

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between residential neighborhoods, building placement requirements, noise , operational, air quality standards.

Model Air Quality Element
o Policy 1.5: “Support Innovative Approaches – Advocate and support innovative strategies to improve air quality.” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park), 18.26 (M-1 Light Industrial); 18.48 (M-2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions, such as with new operational and air quality standards.

18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park), 18.26 (M -1 Light Industrial); 18.48 (M -2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions , such as allowing warehouse uses, truck/trailer storage/parking in the M -2 (Heavy Industrial) zone and taking out of the M -1 (Light Industrial) and B-P (Business Park) zones. The M-1 and B-P zones are located adjacent to residential zones and not compatible with heavier industrial uses such as warehouse logistics and distribution and truck and trailer storage and parking uses. Smaller general warehouse uses will continue to be permitted in all industrial zones, but must now also comply with new Special Provisions including obtaining a Conditional Use Permit.

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and development to ensure compatibility with existing neighborhoods and sensitive receptors as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses),

18.24 (Industrial Park), 18.26 (M-1 Light Industrial); 18.48 (M-2 Heavy Industrial); and

18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit requirement and comply with new Special Provisions. The City of Colton’s efforts in updating its Zoning Code to more accurately be in conformance with its adopted General Plan Land Use, Mobility and Air Quality Elements and also joining many other cities/counties in the region (e.g., Jurupa Valley, Riverside, Fontana, Rialto and Riverside County) that have updated similar codes related to warehouse logistics distribution and truck and trailer storage and parking uses.

Mobility Element
o Policy M‐5.6: “Ensure that the designated truck routes conform to the following performance criteria:
 Truck routes must avoid intrusions into residential neighborhoods to limit noise, vibration, and air quality impacts.
 To the extent feasible, truck routes will not be provided on local streets and on streets with mostly residential frontage.
 Truck routes must be located on roadways that provide direct and convenient access between Major Arterials and freeways (I‐10 and I‐215) and industrial and commercial businesses.
 Truck routes must be located on roadways with the design and construction capacity to accommodate truck traffic.”
The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses),

18.24 (Industrial Park), 18.26 (M-1 Light Industrial); 18.48 (M-2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit requirement and comply with new Special Provisions, such as with standards in the Operational subsection requirement for a “truck route plan prepared by a licensed traffic engineer” traveling to the warehouse,

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business park or truck/trailer storage and parking uses and implementing and monitoring of approved truck route plan during normal business hours.

SECTION 3. Pursuant to section 18.58.050 F. of Title 18 (Zoning Code), i n considering any request for a change of zone, the Commission shall review if the following conditions prevail before recommending to the City Council that the changes be granted:

Pursuant to section 18.58.050 F. of Title 18 (Zoning Code), i n considering any reque st for a change of zone, the Commission shall review if the following conditions prevail before recommending to the City Council that the changes be granted:

1. That the proposed change of zone is in conformity with the General Plan of the City , in that the proposed changes are consistent with the existing provisions of the Colton Zoning Code and are in the public interest since they more closely conform zoning regulations with development goals and the City’s General Plan.

2. That there is a need in the communi ty for more of the types of Uses Permitted by the zone, in that the proposed changes are being clarified with modifications to definitions within zoning district tables and within zoning standards/requirements further are in the public interest since they closely more closely conform zoning regulations with development goals and the City’s General Plan. The proposed code amendments also includes special provisions for specified industrial uses address concerns received by the public as related to environme ntal impacts and adjacency compatibility issues (e.g., noise, traffic, and air quality) for larger industrial projects and truck and trailer storage and parking uses.

3. That the proposed change of zone would not adversely affect the surrounding area or the community in general, in that the proposed changes recommend clarification and addition of definitions, zoning district tables and amend portions of the Title 18 (Zoning Code) are i n the public interest since they more closely conform zoning regulations wi th City development goals and the City’s General Plan Goals, Policies and Objectives in achieving a balance of land use types that create diverse opportunities for housing, employment, and commerce.

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18.24 (Industrial Park), 18.26 (M-1 Light Industrial); 18.48 (M -2 Heavy Industrial); and

18.48 (Special Provisions) , under specified conditions and entitlement processes, is reasonably related to the public welfare of the citizens of the City and surrounding region; more specifically, the Ordinance includes appropriate restrictions to ensure that the proposed standards meet all safety standards including Building and Safety Codes, Fire Codes and review/approval by the City Engineer.

SECTION 5. Certain sections of Chapter 18.04 (Definitions) of Title 18 of the Colton Municipal Code, pertaining to Definitions, are hereby amended or adde d to read as follows with new text shown in boldface underline ( text) and deleted text shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.04. – Definitions

18.04.101. Business park, “business park” means a group of one or more substantially compatible and cross-supporting uses, typically in separate buildings with multiple tenant spaces, on a single parcel or multiple contiguous parcels of land that are planned, developed, and operated as an integrated site with shared common areas for such uses and supporting ancillary uses with no truck dock areas other than a rear entry door or ground level loading style roll up door (s). Special design attention is given to building occupancy type, circulation, parking (restaurant, warehouse, office, manufacturing, and auto repair) , utility needs, aesthetics, and compatibility. Basic elements of a business park include, but are not limited to, the following: developments that are themed to a particular profession or discipline and contain strong branding; shared open space, parking, and amenities; architectural, design, and signage consistency; on-site management, property owners associations (POAs), governing documents such as covenants, conditions and restrictions (CC&R’s), and may be held in condominium or in fee ownership.

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18.04.403 Sensitive Receptors. “Sensitive Receptors” means Sensitive receptors include, but are not limited to, hospitals, schools, daycare facilities, elderly housing , residential uses, and convalescent facilities. These are areas where the occupants are more susceptible to the adverse effects of exposure to toxic chemicals, pesticides, and other pollutants such as noise, light/glare, truck traffic, vibration, and smells. Extra care must be taken when dealing with warehouse logistic and distribution uses, truck and trailer storage and parking use, contaminants and pollutants in close proximity to areas recognized as sensitive receptors.

18.04.4534 - Warehousing. "Warehousing" means the Use of a Building or Buildings primarily for the storage of Goods of any type, but excluding bulk storage of Materials which are flammable or explosive or which create Hazardous or commonly recognized offensive

18.04.454. Warehouse, General. “ Warehouse, General” means Warehousing facility means the use of a building primarily for the storage of goods of any type by one or two businesses and used for the sale or distribution of those goods to their direct customers (excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions). less in size with a maximum lot coverage of 45 percent not to exceed 96,010 square feet with dock high and/or ground level loading doors on one side of the building only.

Warehouse/distribution centers are generally greater than 107,811 square feet in size, with a lot coverage ratio of 45 percent, and a dock -high loading door ratio of approximately 1:5,000- 8,000 square feet. They are characterized by dock high loading doors, could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including:

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• Freight yards/forwarding terminals
• Moving agencies
• Parcel delivery terminals/Shipping/receiving yards
• Truck terminals

SECTION 5. Section 18.06.060 of Chapter 18.06 (Uses Permitted) of Title 18 of the Colton Municipal Code, pertaining to the Uses Permitted in Each Zone, is hereby amended to add the following text modifications and addition to read as follows with new text is shown in boldface underline ( text) and dele ted text is shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

G. Industrial Districts Table I-P M-1 M-2 Business Park, subject to Special Provisions 18.48 C C C Truck and Trailer Storage or Parking, subject to Special Provisions Chapter 18.48 N C N C
Warehouse, General, subject to Special Provisions Chapter 18.48 P C P C P C
Warehousing Logistics and Distribution, subject to
Special Provisions Chapter 18.48 N N C

SECTION 6. Sections 18.24.130 and 170 of Chapter 18.24 I-P (Industrial Park) of Title 18 of the Colton Municipal Code, pertaining to Special Provision requirements is hereby amended to read as follows with added and modified text is shown in boldface underline (text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.24.130 - Landscaping.

In all commercial and industrial Developments:

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Yard area, Side Yard areas, Parkways and throughout Open Spaces not occupied by access ways, parking areas and Sidewalks. One tree per three customer/employee and truck/trailer Parking Spaces Shall be provided and planted throughout the landscaped areas. Twenty-five percent of the trees Shall be of twenty -four inch box size, another twenty-five percent of thirty -six inch box size, and the remainder May be a minimum of fifteen-gallon size. Landscape and irrigation plans Shall be prepared by a licensed Landscape Archite ct or Engineer, and submitted to the Community Development Director along with the general Building plans for review and Approval.

B. The required Landscaping Shall be maintained in a neat, clean, safe, orderly and healthful condition.

C. The landscaped areas Sh all be provided with a suitable permanent method for watering or sprinkling of plants. Wherever possible, the watering system Shall utilize the least amount of water. Sprinklers Used to satisfy the requirements of this provision Shall be so spaced as to as sure complete coverage of the landscaped areas.

D. Areas proposed for Development in another phase Shall be temporarily turfed, seeded and irrigated for dust and soil erosion control, if the phase will not begin construction within six Months of completion o f the previous phase.

18.24.170 Special Provisions. Specified Uses within Chapter 18.48 (Special Provisions), section 18.48.134 of this code.

SECTION 7. Sections 18.26.130 and 170 of Chapter 18.26 (M-1 Light Industrial) of Title 18 of the Colton Municipal Code, pertaining to Special Provision requirements is hereby amended to read as follows with added and modified text is shown in boldface underline ( text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.26.130 - Landscaping.

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Parkways and throughout Open Spaces not occupied by access ways, parking areas and Sidewalks. One tree per three customer/employee and truck/trailer Parking Spaces Shall be provided and planted throughout the landscaped areas. Twenty -five percent of the trees Shall be of twenty -four inch box size, another twenty -five percent of thirty -six inch box size, and the remainder May be a minimum of fifteen -gallon size. Landscape and irrigation plans Shall be prepared by a licensed Landscape Ar chitect or Engineer, and submitted to the Community Development Director along with the general Building plans for review and Approval.

18.26.170 Special Provisions. Specified Uses within Chapter 18.48 (Special Provisions) of this code.

SECTION 8. Sections 18.28.130 and 170 of Chapter 18.28 (M-2 Heavy Industrial) of Title 18 of the Colton Municipal Code, pertaining to Special Provision requirements is hereby amended to read as follows with modified text is shown in boldface underline (text) and deleted text is shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.28.130 - Landscaping.

Landscaping Shall be provided for the Development of any Lot with a minimum Landscaping coverage of fifteen percent of the Lot Area. The Landscaping Shall provide a mixture of shrubs, trees, groundcover, flowers and lawns throughout the entire Front Yard area, Side Yard areas, Parkways and throughout Open Spaces not occupied by access ways, parking a reas and Sidewalks. One tree per three customer/employee and truck/trailer Parking Spaces Shall be provided and planted throughout the landscaped areas. Twenty -five percent of the trees Shall be of twenty -four-inch box size, another twenty -five percent of thirty-six-inch box size, and the remainder May be a minimum of fifteen -gallon size. Landscape and irrigation plans Shall be prepared by a licensed Landscape Architect or Engineer, and submitted to the Community Development Director along with the general Building plans for review and Approval.

18.28.170 Special Provisions. Specified Uses within Chapter 18.48 (Special Provisions) of this code.

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SECTION 9. Section 18.48.134 Truck and Trailer Storage or Parking of Chapter 18. 48 (Special Provisions) of Title 18 of the Colton Municipal Code, pertaining to , is hereby added to Warehouse Logistics and Distributionand Truck and Trailer Storage; Parking; Business Park; and General Warehouses
read as follows with new text is shown in boldface underline (text) and deleted text is shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.48.134_Warehouse, Truck and Trailer Storage/Parking and Business Park

Purpose: In response to community concerns on the environmental, operational, aesthetic, proximity to residential zones and noise concerns, this special provision includes new standards for the following specified industrial uses listed herein.  Business Park
 Truck and Trailer Storage and Parking
 Warehouses, General
 Warehouse Logistics and Distribution
Section 18.06.060 —Uses Permitted of this Code requires a Conditional Use Permit or prohibits the uses in specified zones . The following special standards shall apply when conditionally permitted in addition to development standards listed in each zone and/or other local, state or federal codes applicable to such uses :

A. Proximity to Residential Zone.

1. Within 800 feet of a Residential zone, limit operations, including loading, unloading, staging and storage of trucks and trailers to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. Saturdays, and shall be prohibited on Sundays and state and federal holidays unless a noise study prepared by a qualified professional can demonstrate that noise related to operations during these house will not exceed the City’s adopted noise standards within adjacent Residential zone.

B. Building Placement.

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1. Any warehouse greater than 107,811 square feet in size, the building loading dock shall be located a minimum of three-hundred (300) feet away measured from the property line of the sensitive receptor to the nearest dock door which does not exclusively serve electric trucks using a straight line method.

Warehouse/distribution structures shall be setback at least 1,000 feet from the property lines of the nearest legal conforming sensitive receptors. Facility entry and exit points from the public street shall be located away from sensitive receptors (e.g., placing dock doors on the north side of the facility if sensitive receptors are adjacent to the south side).

2. Each project located within 1,000 feet of a Sensitive Receptor or Residential Zone shall provide design analysis to minimize impacts on Sensitive Receptors and residential uses of entrance and exit points to the site C. Architectural Design:

1. All buildings and structures shall incorporate enhance d architectural treatments on all sides visible from public view. Enhanced architectural treatments include combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc.

2. “Cool pavement” materials shall be utilized to reduce heat island effects.

3. Site plan drawings shall identify the type of climate control and air filtration systems in warehouse facilities to promote worker well-being.

4. Signage for directional guidance for vehicles entering and existing t he facility shall be provided on -site, including directional guidance to the nearest truck route.

5. Each project shall provide on -site signage for directional guidance to trucks entering and exiting the facility to minimize potential impacts on Sensitive Receptors.

D. Screening Standards:

1. Industrial uses shall be screened from Sensitive Receptors , public right -of- way, and residential zones using appropriate wall design, incorporating landscaping and/or increased wall heights.

2. Loading areas, docks, truck wells and internal circulation routes shall be oriented away (or fully screened) from residential neighborhoods, schools,

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parks, day care centers, nursing homes, hospitals or other public places and from public rights -of-way to the extent feasible to the satisfaction of the Approving Authority.

3. All items stored outside, including trucks and trailers within parking areas and courts, shall be completely screened from public view, by a co mbination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt -up walls. Screen walls shall not be located within any required front yard or street side building or landscape setback area.

4. All items stored outside, including trucks and traile rs within parking areas, shall not exceed eight (8) feet in height unless a taller wall (with approval of Variance) is provided to effectively screen along street frontages.

5. A combination of eight (8) foot tall metal or masonry fencing and a five (5) foot wide landscape planter may be provided in lieu of solid fencing along the side of the side and rear property lines in areas where the site is not visible to the public. A combination of trees and shrubs shall be provided to ensure adequate screening.

6. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls facing a public right-of-way.

E. Stormwater: Underground stormwater chambers shall be provided to avoid the need for aboveground basins. Alternatively, aboveground basins may be permitted if the depth of the basin does not require fencing and can be planted with shrubs and groundcover so as to appear as part of the landscaped area of the site.

F. Parking Requirements:

1. All passenger vehicle parking lots, drive aisles or truck courts, and outdoor storage areas shall be paved with “cool pavement” materials ; no areas shall remain unfinished and all areas of a developed site shall be finished with a permanent surface or permanent landscaping materials and irrigation.

2. Sufficient space, including additional overflow areas, shall be provided to accommodate all maneuvering, queuing, stacking, loading, unloading, and parking of vehicles on -site to avoid queuing, stacking, loading, unloading, and parking of vehicles off-site on adjacent streets.

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3. The facility site plan shall base truck vehicle space specifications, loading, parking and stacking specifications, and maneuvering standards on the Surface Transportation Act (STAA) and California Standard design vehicle.

G. Landscape Standards:

1. All outdoor storage uses (including truck storage) shall incorporate a minimum of fifteen (15) foot deep landscaped setbacks along all public street frontages with a combination of trees, shrubs, and groundcover. Parking of motor vehicles is not permitted within the required setback area.

2. All outdoor storage uses shall provide a minimum ten (10) foot wide landscape planter at the base of any buildings and screening walls that are visible from and face street frontages. Planting wit hin these planters shall consist of a combination of small to medium scale trees, shrubs, and groundcover vegetation to soften the edge of the building or screen wall.

3. Trees shall be planted every thirty (30) linear feet within all landscaped planters on-site. Two (2) rows of trees shall be provided within all lands cape setbacks adjacent to public streets. A minimum of fifty percent (50%) of the trees on-site shall consist of evergreen broadleaf tree species to ensure year-round coverage.

H. Noise.

1. A Transportation Demand Management measures for industrial uses with over one hundred employees to reduce work-related vehicle trips shall be provided, prior to occupancy.

2. Compliance with Title 18 – The City Noise Standards shall be met. The project shall not cause noise levels to exceed City Noise Standards within residential zones or other sensitive land uses for projects within 800 or 1,000 feet of a residential zone.

I. Security Standards.

1. All outdoor storage shall be secured and incorporate security cameras that are connected to the City’s enforcement system to the satisfaction of the Police Chief.

J. Operational Standards

1. Warehousing and distribution facilities generating more than 50 truck trips

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per day, as determined by the most recent Institute of Traffic Engineers (ITE) Trip Generation Rate for the specific land use, shall prepare an Operations and Truck Route Plan shall be submitted for review and approval by the City Engineer as part of the Conditional Use Permit application. i. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, projected number of employees, types of items permitted to be stored (outdoors) at the site, and the proposed truck routing to and from the facility to the designated truck routes that avoids passing residential, educational, park and recreational use areas to the greatest extent feasible. ii. The plan shall also include physical and operational measures for preventing truck queuing, stopping, and parking on public streets.

2. The operator of the warehouse, storage and/or trucking use shall be responsible for implementing and monitoring the Operations and Truck Route Plan during all operations, including but not limited to posting the plan and educating truck drivers on the approved routes.

3. Drivers shall not sleep or reside within any vehicle on -site overnight or for any extended duration of time.

4. Idling of trucks queued or operated onsite shall not exceed 5 minutes.

5. All on-site equipment, such as forklifts and yard trucks, shall be electric with necessary electric charging stations provided.

6. All facility or tenant -owned and operated fleet equipment with a gross vehicle weight rating greater than 14,000 pounds access ing the site shall meet or exceed 2010 model-year emissions equivalent engine standards are currently defined in the California Code of Regulations Title 13, Division 3, Chapter 1, Article 4.5, Section 2025.

7. Operators shall address any parking, traffic, noise or safety issues within forty-eight hours of being notified by the city that an issue exists.

8. Prior to the issuance of a Business Occupancy Permit or Business License for any new tenant or operator of a warehouse or truck, trailer storage facility, a new or revised Operations and Truck Route Plan prepared by a

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licensed traffic engineer associated with the new tenant shall be submitted for review and approval by the City Engineer , demonstrating that the proposed operations and project traffic associat ed with the new tenant or operator is the same or less than the project traffic and operations assume in the approved entitlements for the facility.

9. Where transport by temperature-controlled trucks or trailers is proposed, on-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climate -control equipment shall be prohibited.

K. Air Quality

1. Warehouses and distribution facilities generating 150 or more truck trips per day, as determined by the most re cent Institute of Traffic Engineers (ITE) Trip Generation Rate for the specific land use or within 1000 feet of a sensitive receptor, shall prepare a Health Risk Assessment (HRA) in accordance with South Coast Air Quality Management District (SCAQMD) Guideline for the new development or substantial enlargement of industrial uses.

2. Each project shall provide specific design criteria to m inimize exposure to diesel emissions for residential neighborhoods, schools, parks, playgrounds, day care centers, nursing h omes, hospitals, and other public places (Sensitive Receptors) situated in close proximity to the industrial uses.

3. Each project shall provide and be i n compliance with CEQA (California Environmental Quality Act), and prepare an SCAQMD URBEMIS (South Coast Air Quality Management District) and EMFAC (Emission Factor) computer models to identify the significance of air quality impacts on Sensitive Receptors.

SECTION 10. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and Sections 15060(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect

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on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments propose regulatory and administrative amendments to the zoning code. Additional environmental review will be conducted on projects that are affected by these changes.

SECTION 1 1. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 650 N. La Cadena Drive, Colton, California 92324. The custodian of these records is the City Clerk.

SECTION 12. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Colton hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 13. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. The effective date of this Ordinance shall automatically repeal Ordinance No. O-05-21.

SECTION 14. Publication. The City Clerk shall certify to the adoption of this Ordinance.

Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Colton.

SECTION 1 5. Filing. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption. The City Clerk shall also submit a Notice of Exemption within three days after adoption.

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PASSED, APPROVED AND ADOPTED this_____ day of _______, 2022.

City of Colton

______________________________
Frank J. Navarro, Mayor

ATTEST:

______________________________________
Carolina R. Padilla, City Clerk

APPROVED AS TO FORM:

______________________________________
Best Best & Krieger LLP
City Attorney

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ORDINANCE NO. O-06-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMEND CERTAIN SECTIONS IN CHAPTERS 18.04; 18.06; 18.24, 18.26,

18.28, AND 18.48 OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE

RELATED TO DEFINITIO NS, PERMITTED U SES, DEVELOPMENT STA NDARDS IN THE I -P (INDUSTRIAL PARK) , M -1 (LIGHT INDUSTRIAL) AND M -2 (HEAVY INDUSTRIAL) ZONES, AND SPECIAL PROVISIONS (FILE INDEX NO. DAP-001-697).

WHEREAS, on March 22, 202 2, the Planning Commission of the City of Colton (“Planning Co mmission”) conducted a duly noticed public hearing and recommended the City Council of the City of Colton (“City Council”) amend Title 18 of the Colton Municipal Code (the “Municipal Code”). Following the conclusion of said hearing, the Planning Commissio n adopted their Resolution No. R -01-22, recommending approval to the City Council to amend (“Zoning Text Amendment”) Chapters 18.04; 18.06; 18.24, 18.26, 18.28, and 18.48 of Title 18 of the Colton Municipal Code; and

WHEREAS, the City Council has deter mined that the Zoning Text Amendment is consistent with the City of Colton General Plan (“General Plan”) as indicated below; and

WHEREAS, the City Council has determined that the proposed Zoning Text Amendment is in the best interests of the City, and th at it would be in the public interest to approve the Zone Text Amendment; and

WHEREAS, the Zoning Text Amendment was reviewed, studied and found exempt from the California Environmental Quality Act (“CEQA”) as more fully described below; and

WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. The City Council hereby adopts the recitals and findings set forth above and in the agenda report prepared in connection with this Ordinance.

SECTION 2. General Plan Consistency. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report and the findings made in this Ordinance, the City Council hereby finds and determines that the proposed Ordinance is consistent with the goals and policies of the City of Colton General Plan and is reasonably related to the public welfare of the citizens of the City and surrounding regions. The Zoning Text Amendm ent is necessary to provide clarity to implement existing regulations, provide consistency with other code regulations, allow flexibility to certain standards, and address potential negative impacts. Specifically, provisions in the ordinance address the fo llowing General Plan policies:

Land Use Element:
o Policy LU -1.1: “Ensure that all new development conforms to all applic able provisions of the General Plan and Zoning Code.” The Ordinance will modify regulations and uses permitted that allows for review of use and development proposal to ensure consistency with the General Plan and Zoning Code as proposed herein with chapters 18.04 (Definitions) ; 18.06 (Permitted Uses) ; 18.24 (Industrial Park ); 18.26 (M-1 Light Industrial) ; 18.48 (M-2 Heavy Industrial) ; and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions.

o Policy LU -1.6: “Ensure that new development projects are compatible with permitted, well-maintained uses and buildings in the surrounding neighborhood or district.” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chap ters, 18.04 (Definition s), 1806 (Permitted Uses),

18.24 (Industrial Park), 18.26 (M-1 Light Industrial); 18.48 (M -2 Heavy Industrial);

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and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions.

o Policy LU‐1.8 : “Interpret the Land Use Plan in a manner that provides for compatibility between adjacent land uses, and that allows the City to achieve land use, design, and economic development objectives.” The proposed zoning text amendments provide for parking, special findings and findings within a Conditional Use Permit review process to ensure projects are reviewed to be compatible within a neighborhood to achieve land use, design and economic development objectives . This includes compliance with new Special Provisions for “ warehouse logistics and distribution and truck and trailer storage and parking uses.” This include s differentiating the sizes between a General Warehouse and a Logistics and Distribution Warehous e. The maximum size of a General Warehouse at 98,010 square feet was derived by using the existing 45 percent typical lot coverage of an acre and multiplying it by 5 (5 -acre equivalent), which is the minimum size of sites developed for warehouse purposes . An additional 10 percent was added to the maximum square footage (as permitted through the Minor Modification process in the Zoning Code) to , arriv e at a minimum size for a Logistics and Distribution to be 107,811 square feet in area.

o Goal LU -19: “ Minimize conflicts between industrial activity and residential neighborhoods in South Colton .” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and distr icts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park), 18.26 (M -1 Light Industrial); 18.48 (M-2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a C onditional Use Permit and comply with new Special Provisions.

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methods to minimize light, glare, noise, dust, odor, vibration, traffic, and other impacts. Apply the buffering approach identified in Policy LU‐8.2. ” The Ordinance will modify regulations and uses permitted that al lows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park), 18.26 (M -1 Light Industrial); 18.48 (M -2 Heavy Indust rial); and

18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions, such as new buffer separation distance requirements between residential neighborhoods, new bui lding placement requirements, architectural design, screening, stormwater, parking, noise, security standards, operational, air quality standards.

18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions, such as new buffer separation distance requirements between residential neighborhoods, new building placement requirements, architectural design, and screening standards.

o Policy LU‐19.3: “ Prohibit through truck traffic on residential streets in south Colton, and develop programs, such as traffic calming, to discourage use of neighborhood streets for commercial vehicle traffic.” The Ordinance wi ll modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park), 18.26 (M-1 Light Industrial); 18.48 (M -2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit

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and comply with new Special Provisions , such as new buffer separation distance requirements between residential neighborhoods, building placement requirements, noise, operational, air quality standards.

Model Air Quality Element
o Policy 1.5: “ Support Innovative Approaches – Advocate and support innovative strategies to improve air quality. ” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Indust rial Park), 18.26 (M -1 Light Industrial); 18.48 (M-2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions, such as with new operational and air quality standards.

o Goal 4 – Land Use: “ A pattern of land uses which can be efficiently served by diversified transportation system and land development projects, which directly and indirectly generate the minimum feasible air pollutants. ” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park ), 18.26 (M-1 Light Industrial); 18.48 (M -2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit and comply with new Special Provisions , such as allowing warehouse uses, truck/trailer storage/parking in the M -2 (Heavy Industrial) zone and taking out of the M-1 (Light Industrial) and B -P (Business Park) zones. The M -1 and B -P zones are located adjacent to residential zones and not compatible with heavier industrial uses such as warehouse logistics and distribution and truck and trailer storage and parking uses. Smaller general warehouse uses will continue to be permitted in all industrial zones, but must now also comply with new Special Provisions including obtaining a Conditional Use Permit.

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o Policy 4.3 Protect Sensitive Receptors: “Support a regional approach to regulating the location and design of land uses which are especially sensitive to air pollution.” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and sensitive receptors as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses), 18.24 (Industrial Park), 18.26 (M -1 Light Industrial); 18.48 (M -2 Heavy I ndustrial); and 18.48 (Special Provisions) including adding a new requirement for such uses to obtain a Conditional Use Permit requirement and comply with new Special Provisions. The City of Colton’s efforts in updating its Zoning Code to more accurately be in conformance with its adopted General Plan Land Use, Mobility and Air Quality Elements and also joining many other cities/counties in the region (e.g., Jurupa Valley, Riverside, Fontana, Rialto and Riverside County) that have updated similar codes rel ated to warehouse logistics distribution and truck and trailer storage and parking uses.

Mobility Element
o Policy M‐5.6: “Ensure that the designated truck routes conform to the following performance criteria:
 Truck routes must avoid intrusions into residential neighborhoods to limit noise, vibration, and air quality impacts.
 To the extent feasible, truck routes will not be provided on local streets and on streets with mostly residential frontage.
 Truck routes must be located on roadways that provide direct and convenient access between Major Arterials and freeways (I‐10 and I‐215) and industrial and commercial businesses.
 Truck routes must be located on roadways with the design and construction capacity to accommodate truck traffic.”
The Ordinance will m odify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Definitions), 1806 (Permitted Uses),

18.24 (Industrial Park), 18.26 (M -1 Light Industrial); 18.48 (M -2 Heavy Industrial); and 18.48 (Special Provisions) including adding a new requirement for

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such uses to obtain a Conditional Use Permit requirement and comply with new Special Provisions , such as with standards in the Operatio nal subsection requirement for a “truck route plan prepared by a licensed traffic engineer” traveling to the warehouse, business park or truck/trailer storage and parking uses and implementing and monitoring of approved truck route plan during normal business hours.

Pursuant to section 18.58.050 F. of Title 18 (Zoning Code), i n considering any request for a change of zone, the Commission shall review if the following conditions prevail before recommending to the City Council that the changes be granted:

2. That there is a need in the community for more of the types of Uses Permitted by the zone, in that the proposed changes are being clarified with modifications to definitions within zoning district t ables and within zoning standards/requirements further are in the public interest since they closely more closely conform zoning regulations with development goals and the City’s General Plan. The proposed code amendments also includes special provisions for specified industrial uses address concerns received by the public as related to environmental impacts and adjacency compatibility issues (e.g., noise, traffic, and air quality) for larger industrial projects and truck and trailer storage and parking u ses.

3. That the proposed change of zone would not adversely affect the surrounding area or the community in general, in that the proposed changes recommend clarification and addition of definitions, zoning district tables and amend portions of the Title 18 (Zoning Code) are i n the public interest since they more closely conform zoning regulations with City development goals and the City’s General Plan Goals, Policies and

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Objectives in achieving a balance of land use types that create diverse opportunities for housing, employment, and commerce.

SECTION 4. The City of Colton finds that the proposed Zone Text Amendment to permit address various items including, but not limited to: adding and/or modifying definitions, and modifying and adding certain land uses in use tables; modifying allowances for certain permitted, conditional, and prohibited land uses in various zones; and amending and adding certain regulations for definitions, permitted uses, development standards in 18.24 (Industrial Park), 18.26 (M -1 Lig ht Industrial); 18.48 (M -2 Heavy Industrial); and 18.48 (Special Provisions) , under specified conditions and entitlement processes, is reasonably related to the public welfare of the citizens of the City and surrounding region; more specifically, the Ordin ance includes appropriate restrictions to ensure that the proposed standards meet all safety standards including Building and Safety Codes, Fire Codes and review/approval by the City Engineer.

SECTION 5. Certain sections of Chapter 18.04 (Definitions) of Title 18 of the Colton Municipal Code, pertaining to Definitions, are hereby amended or added to read as follows with new text shown in boldface underline ( text) and deleted text shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.04. – Definitions

18.04.101. Business park, “business park” means a group of one or more substantially compatible and cross-supporting uses, typically in separate buildings with multiple tenant spaces, on a single parcel or multiple contiguous parcels of land that are planned, developed, and operated as an integrated site with shared common areas for such uses and supporting ancillary uses with no truck dock areas other than a rear entry door or ground level loading style roll up door (s). Special design attention is given to building occupancy type, circulation, parking (restaurant, warehouse, office, manufacturing, and auto repair) , utility needs, aesthetics, and compatibility. Basic elements of a business p ark include, but are not limited to, the following: developments that are themed to a particular profession or discipline and contain strong branding; shared open space, parking, and amenities; architectural, design, and signage

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consistency; on -site manage ment, property owners associations (POAs), governing documents such as covenants, conditions and restrictions (CC&R ’s), and may be held in condominium or in fee ownership.

18.04.403 Sensitive Receptors. “Sensitive Receptors” means Sensitive receptors incl ude, but are not limited to, hospitals, schools, daycare facilities, elderly housing , residential uses, and convalescent facilities. These are areas where the occupants are more susceptible to the adverse effects of exposure to toxic chemicals, pesticides, and other pollutants such as noise, light/glare, truck traffic, vibration, and smells. Extra care must be taken when dealing with warehouse logistic and distribution uses, truck and trailer storage and parking use, contaminants and pollutants in close pr oximity to areas recognized as sensitive receptors.

18.04.454. Warehouse, General. “ Warehouse, General” means Warehousing facility means the use of a building primarily for the storage of goods of any type by one or two businesses and used for the sale or distribution of those goods to their direct customers (excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions). less in size with a maximum lot coverage of 45 percent not to exceed 9 8,010 square feet with dock high and/or ground level loading doors on one side of the building only.

18.04.455 Warehousing, Logistics and Distribution. “Warehousing, logistics and distribution facility” means warehouse/distribution f acilities including fulfillment centers/high cube distribution used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and excludes bulk storage of materials, which are flammable or explosive or create hazardo us or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally greater than 107,811 square feet in size, with a lot coverage ratio of 45 percent, and a dock -high loading door ratio of approximately 1:5,000 - 8,000 square feet. They are characterized by dock high

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loading doors, could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; t ruck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including:
• Freight yards/forwarding terminals
• Moving agencies
• Parcel delivery terminals/Shipping/receiving yards
• Truck terminals

SECTION 5. Section 18. 06.060 of Chapter 18.06 (Uses Permitted) of Title 18 of the Colton Municipal Code, pertaining to the Uses Permitted in Each Zone, is hereby amended to add the following text modifications and addition to read as follows with new text is shown in boldface underline ( text) and deleted text is shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

SECTION 6. Sections 18.24.130 and 170 of Chapter 18.24 I-P (Industrial Park) of Title 18 of the Colton Municipal Code, pertaining to Special Provision requirements is hereby amended to read as follows with added and modified text is shown in boldface underline ( text) and deleted text is shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.24.130 - Landscaping.

In all commercial and industrial Dev elopments:

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A. Landscaping Shall be provided for the Development of any Lot with a minimum Landscaping coverage of fifteen percent of the Lot Area. The Landscaping Shall provide a mixture of shrubs, trees, groundcover, flowers and lawns throughout the entire F ront Yard area, Side Yard areas, Parkways and throughout Open Spaces not occupied by access ways, parking areas and Sidewalks. One tree per three customer/employee and truck/trailer Parking Spaces Shall be provided and planted throughout the landscaped areas. Twenty-five percent of the trees Shall be of twenty -four inch box size, another twenty-five percent of thirty -six inch box size, and the remainder May be a minimum of fifteen-gallon size. Landscape and irrigation plans Shall be prepared by a licensed Landscape Architect or Engineer, and submitted to the Community Development Director along with the general Building plans for review and Approval.

B. The required Landscaping Shall be maintained in a neat, clean, safe, orderly and healthful condition.

C. The landscaped areas Shall be provided with a suitable permanent method for watering or sprinkling of plants. Wherever possible, the watering system Shall utilize the least amount of water. Sprinklers Used to satisfy the requirements of this provision Shall be so spaced as to assure complete coverage of the landscaped areas.

18.24.170 Special Provisions. Specified Uses within Chapter 18.48 (Special Provisions), section 18.48.134 of this code.

SECTION 7. Sections 18.26.130 and 170 of Chapter 18. 26 (M-1 Light Industrial) of Title 18 of th e Colton Municipal Code, pertaining to Special Provision requirements is hereby amended to read as follows with added and modified text is shown in boldface underline ( text) and deleted text is shown in strikethrough ( text) with existing text to remain unc hanged shown without boldface underline nor strikethrough:

18.26.130 - Landscaping.

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Landscaping Shall be provided for the Development of any Lot with a minimum Landscaping coverage of fifteen percent of the Lot Area. The Landscaping Shall provide a mixtur e of shrubs, trees, groundcover, flowers and lawns throughout the entire Front Yard area, Side Yard areas, Parkways and throughout Open Spaces not occupied by access ways, parking areas and Sidewalks. One tree per three customer/employee and truck/trailer Parking Spaces Shall be provided and planted throughout the landscaped areas. Twenty -five percent of the trees Shall be of twenty -four inch box size, another twenty -five percent of thirty -six inch box size, and the remainder May be a minimum of fifteen -gallon size. Landscape and irrigation plans Shall be prepared by a licensed Landscape Architect or Engineer, and submitted to the Community Development Director along with the general Building plans for review and Approval.

18.26.170 Special Provisions. Specified Uses within Chapter 18.48 (Special Provisions) of this code.

SECTION 8. Sections 18.28.130 and 170 of Chapter 18.28 (M-2 Heavy Industrial) of Title 18 of the Colton Municipal Code, pertaining to Special Provision requirements is hereby amended to read as follows with modified text is shown in boldface underline ( text) and deleted text is shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.28.130 - Landscaping.

Landscaping Sha ll be provided for the Development of any Lot with a minimum Landscaping coverage of fifteen percent of the Lot Area. The Landscaping Shall provide a mixture of shrubs, trees, groundcover, flowers and lawns throughout the entire Front Yard area, Side Yard areas, Parkways and throughout Open Spaces not occupied by access ways, parking areas and Sidewalks. One tree per three customer/employee and truck/trailer Parking Spaces Shall be provided and planted throughout the landscaped areas. Twenty -five percent of the trees Shall be of twenty -four-inch box size, another twenty -five percent of thirty -six-inch box size, and the remainder May be a minimum of fifteen -gallon size. Landscape and irrigation plans Shall be prepared by a licensed Landscape Architect or Engi neer, and submitted to the Community Development Director along with the general Building plans for review and Approval.

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18.28.170 Special Provisions. Specified Uses within Chapter 18.48 (Special Provisions) of this code.

SECTION 9. Section 18.48.134 Truck and Trailer Storage or Parking of Chapter 18. 48 (Special Provisions) of Title 18 of the Colton Municipal Code, pertaining to , is hereby added to Warehouse Logistics and Distributionand Truck and Trailer Storage; Parking; Business Park; and General Warehouses
read as follows with new text is shown in boldface underline ( text) and deleted text is shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.48.134_Warehouse, Truck and Trailer Storage/Parking and Business Park

Purpose: In response to community concerns on the environmental, operational, aesthetic, proximity to residential zones and noise concerns, this special provision includes new standards for the following specified industrial uses listed herein.  Business Park
 Truck and Trailer Storage and Parking
 Warehouses, General
 Warehouse Logistics and Distribution
Section 18.06.060 —Uses Permitted of this Code requires a Conditional Use Permit or prohibits the uses in specified zones . The following special standards shall apply when conditionally permitted in addition to development standards listed in each zo ne and/or other local, state or federal codes applicable to such uses :

A. Proximity to Residential Zone.

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exceed the City’s adopted noise standards within adjacent Residential zone.

B. Building Placement .

2. Each project located within 1,000 feet of a Sensitive Rece ptor or Residential Zone shall provide design analysis to minimize impacts on Sensitive Receptors and residential uses of entrance and exit points to the site.

C. Architectural Design:

1. All buildings and structures shall incorporate enhanced architectural treatments on all sides visible from public view. Enhanced architectural treatments include combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc.

2. “Cool pavement” materials shall be utilized to reduce heat island effects.

3. Site plan drawings shall identify the type of climate control and air filtration systems in warehouse facilities to promote worker well-being.

4. Signage for directional guidance for vehicles entering and existing the facility shall be provided on -site, including directional guidance to the nearest truck route.

5. Each project shall provide on -site signage for directional guidance to trucks entering and exiting the facility to minimize potential impacts on Sensitive Receptors.

D. Screening Standards:

1. Industrial uses shall be screened from Sensitive Receptors , public right -of- way, and residential zones using appropriate wall design, incorporating landscaping and/or increased wall heights.

2. Loading areas, docks, truck wells and internal circ ulation routes shall be oriented away (or fully screened) from residential neighborhoods, schools, parks, day care centers, nursing homes, hospitals or other public places and from public rights -of-way to the extent feasible to the satisfaction of the Approving Authority.

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4. All items stored outside, including trucks and trailers within parking areas, shall not exceed eight (8) feet in height unless a taller wall (with approval of Variance) is provided to effectively screen along street frontages.

6. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls facing a public right-of-way.

E. Stormwater: Underground stormwater chambers shall be provided to avoid the need for aboveground basins. Alternatively, aboveground basins may be permitted if the depth of t he basin does not require fencing and can be planted with shrubs and groundcover so as to appear as part of the landscaped area of the site.

F. Parking Requirements:

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3. The facility site plan sh all base truck vehicle space specifications, loading, parking and stacking specifications, and maneuvering standards on the Surface Transportation Act (STAA) and California Standard design vehicle.

G. Landscape Standards:

1. All outdoor storage uses (including t ruck storage) shall incorporate a minimum of fifteen (15) foot deep landscaped setbacks along all public street frontages with a combination of trees, shrubs, and groundcover. Parking of motor vehicles is not permitted within the required setback area.

2. All outdoor storage uses shall provide a minimum ten (10) foot wide landscape planter at the base of any buildings and screening walls that are visible from and face street frontages. Planting within these planters shall consist of a combination of small to m edium scale trees, shrubs, and groundcover vegetation to soften the edge of the building or screen wall.

3. Trees shall be planted every thirty (30) linear feet within all landscaped planters on-site. Two (2) rows of trees shall be provided within all lands cape setbacks adjacent to public streets. A minimum of fifty percent (50%) of the trees on -site shall consist of evergreen broadleaf tree species to ensure year - round coverage.

H. Noise.

1. A Transportation Demand Management measures for industrial uses with over one hundred employees to reduce work -related vehicle trips shall be provided, prior to occupancy.

I. Security Standards.

1. All outdoor storage shall be secured and incorporate security cameras that are connected to the City’s enforcement system to the satisf action of the Police Chief.

J. Operational Standards

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1. Warehousing and distribution facilities generating more than 50 truck trips per day, as determined by the most recent Institute of Traffic Engineers (ITE) Trip Generation Rate for the specific land use, shall prepare an Operations and Truck Route Plan shall be submitted for review and approval by the City Engineer as part of the Conditional Use Permit application. i. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, projected number of employees, types of items permitted to be stored (outdoors) at the site, and the proposed truck routing to and from the facility to the designated truck routes that avoids passing residential, educationa l, park and recreational use areas to the greatest extent feasible. ii. The plan shall also include physical and operational measures for preventing truck queuing, stopping, and parking on public streets.

3. Drivers shall not sleep or reside within any vehicle on-site overnight or for any extended duration of time.

4. Idling of trucks queued or operated onsite shall not exceed 5 minutes.

5. All on-site equipment, such as forklifts and yard trucks, shall be electric with necessary electric charging stations provided.

6. All facility or tenant -owned and operated fleet equipment with a gross vehicle weight rating greater than 14,000 pounds accessing the site shall meet or exceed 2010 model -year emissions equivalent engine standards are currently defined in the California Code of Regulations Title 13, Division 3, Chapter 1, Article 4.5, Section 2025.

7. Operators shall address any parking, traffic, noise or safety issues within forty-eight hours of being notified by the city that an issue exists.

8. Prior to the iss uance of a Business Occupancy Permit or Business License for any new tenant or operator of a warehouse or truck, trailer storage

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facility, a new or revised Operations and Truck Route Plan prepared by a licensed traffic engineer associated with the new tena nt shall be submitted for review and approval by the City Engineer , demonstrating that the proposed operations and project traffic associated with the new tenant or operator is the same or less than the project traffic and operations assume in the approved entitlements for the facility.

K. Air Quality

1. Warehouses and distribution facilities generating 150 or more truck trips per day, as determined by the most recent Institute of Traffic Engineers (ITE) Trip Generation Rate for the specific land use or within 1000 feet of a sen sitive receptor, shall prepare a Health Risk Assessment (HRA) in accordance with South Coast Air Quality Management District (SCAQMD) Guideline for the new development or substantial enlargement of industrial uses.

2. Each project shall provide specific desig n criteria to minimize exposure to diesel emissions for residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, hospitals, and other public places (Sensitive Receptors) situated in close proximity to the industrial uses.

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reasonably foreseeable indirect physical change in the environment, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant e ffect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments propose regulatory and administrati ve amendments to the zoning code. Additional environmental review will be conducted on projects that are affected by these changes.

SECTION 1 1. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ord inance is based are located at the City Clerk’s office located at 650 N. La Cadena Drive, Colton, California 92324. The custodian of these records is the City Clerk.

SECTION 12. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect o ther provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Colton hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 13. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. The effective date of this Ordinance shall automatically repeal Ordinance No. O-05-21.

SECTION 14. Publication. The City Clerk shall certify to the adoption of this Ordinance.

SECTION 1 5. Filing. The City Clerk shall submit a copy of this ordinance to the

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Department of Housing and Community Development within 60 days after adoption. The City Clerk shall also submit a Notice of Exemption within three days after adoption.

PASSED, APPROVED AND ADOPTED this_____ day of _______, 2022.

City of Colton

______________________________
Frank J. Navarro, Mayor

ATTEST:

______________________________________
Carolina R. Padilla, City Clerk

APPROVED AS TO FORM:

______________________________________
Best Best & Krieger LLP
City Attorney

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Attachment: Attachment 2_Ord No. O-06-22 [Revision 1] (3561 : Warehouse and Truck and Trailer Storage/Parking ZTA and Direction Regarding

ITEM NO. 2

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING RESIDENTIAL ORGANICS PROGRAM AND SB1383 COMPLIANCE.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive and Provide Direction to Staff. Staff recommendation is Option A.

BACKGROUND

SB 1383 was adopted in September 2016, which will require local jurisdictions to provide organic waste collection and processing services to all residential customers. The City already is providing this service to commercial and business customers under previous legislative/regulatory requirements.

ISSUES/ANALYSIS

The City of Colton currently utilizes a three -cart system for solid waste, recyclables and green waste. The current cans are an assortment of colors, which do not meet the State requirements mandated in the new leg islation of black, blue and green. The City plans to continue with its existing three-cart system, but will apply labels to the Green Waste cart to indicate that this cart is also to be used for Organic Waste.

In addition to cart compliance, SB 1383 will also require different/additional processing of the organic waste than is currently provided for in the green waste processing, for compliance with State Standards, all of which are pass-through costs to the City’s solid waste ratepayers.

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Staff Report to the Mayor and City Council
Residential Organic Recycling Workshop
April 5, 2022

Page 2 ends

There are two Options for Organics Processing:

Option A, the increase in cost is due to the removal of any contaminants in the comingled green waste and organics. The material will then be ground to a specific size, and then placed into the Anaerobic Digester for a 14 day processing period. The processed material will become compost and Renewable natural Gas. This option, the Organics will be delivered and processed at the Perris Anaerobic Digester. The cost will go from existing $26.86 per month to $32.44 per month.

Option B, the increase in cost is due to handling and processing of the Organics. Residents will be required to bag their organic material before placing in the Green Waste cart. The bagged organics will be manually removed from the cart and checked for contamination. The organics will be ground up with the green waste. This option, the Organics will be delivered and processed at the Agua Mansa facility. The cost will go from existing $26.86 per month to $30.19 per month. This Option will also require the City to purchase 4,336 tons of compost at an estimated cost of $42,000 per year, which would equate to an additional estimated $0.34 per month. The 4,336 tons of compost which the City will be required to acquire, will be annually, which the City will need to develop a program for use of the compost, with an unknown cost for program management.

Staff recommends Option A, as this option will not require residents to bag their organic material, nor will it require the purchase by the City of additional compost.

FISCAL IMPACTS

Depending on the choice of facility to transport and process the organics , the cost increase for residential customer on a monthly basis is $3.33 for the Agua Mansa facility or $5.58 for the Perris Anaerobic Digester facility.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. SB1383 Presentation V 4.0 04.05.2022
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SB 1383

WORKSHOP

RESIDENTIAL ORGANICS

RECYCLING

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Attachment: SB1383 Presentation V 4.0 04.05.2022 (3566 : Residential Organic Recycling Workshop) SB1383 TIMELINE

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Attachment: SB1383 Presentation V 4.0 04.05.2022 (3566 : Residential Organic Recycling Workshop) SB 1383 REQUIRES COLTON TO DO THE

FOLLOWING
Provide Mandatory
Organics Collection
Services to All
Residents and
Businesses
Conduct Education and
Outreach to the
Community
Purchase Organic
Compost/Mulch or
RNG. For Colton =
4,336 tons
Establishing Food
Recovery Programs
Securing Access to
Recycling and Food
Recovery Capacity
Monitoring
Compliance and
Conducting
Enforcement

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Attachment: SB1383 Presentation V 4.0 04.05.2022 (3566 : Residential Organic Recycling Workshop) Remaining City Responsibility
• Provide Residential Organics Recycling for Colton Residents • The City will be applying labels to the existing Green Waste carts to identify that Organic Waste is to also be placed inside.

A.Perris Facility Anaerobic Digester B. Agua Mansa Compost Material Recycler
Creates compost and renewable
natural gas
Creates compost
The facility accepts all food waste
including bones, meats, fats, sugars,
oils and breads/pastas and can be
combined with green waste in one
bin
The Facility accepts food waste but not
bones meats or fats, sugars oils and
breads. Food would need to be separated
in a non-plastic bag and put into green
waste bin
Organic Waste Options

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Attachment: SB1383 Presentation V 4.0 04.05.2022 (3566 : Residential Organic Recycling Workshop) Remaining City Responsibility
• Colton is required to purchase 4,336 tons of organic waste in the form of Compost, Renewable gas for fuel transportation
Commercial Composting Tonnage
=180 tons
Procurement Target 4,336 tons
Regulation Formula – allows 21 diesel
gallons equivalent credit
=180*21= 3,780 tons
Remaining balance the City will need
to purchase
=556 tons
Option A. would provide enough
diesel equivalent to meet the
procurement requirement
Option B. The City will need to
budget an estimated $42,000 a year
for organic compost per year

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Attachment: SB1383 Presentation V 4.0 04.05.2022 (3566 : Residential Organic Recycling Workshop) Residential Rate Options
Option A: Perris Anaerobic
Digester
Option B: Agua Mansa Materials
Composting Facility
$32.44 per month
The increase in cost is due to the
removal of any contaminants in the
comingled green waste and organics.

The material will then be ground to a
specific size, and then placed into the
Anaerobic Digester for a 14 day
processing period. The processed
material will become compost and
Renewable natural Gas.
$30.19 per month
The increase in cost is due to handling
and processing of the Organics.

Residents will be required to bag their
organic material before placing in the
Green Waste cart. The bagged organics
will be manually removed from the cart
and checked for contamination. The
organics will be ground up with the
green waste.

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Attachment: SB1383 Presentation V 4.0 04.05.2022 (3566 : Residential Organic Recycling Workshop) Staff Recommendation
• Staff recommendation is to notice and schedule a Public Hearing at the June 5, 2022 City Council meeting to Adopt Option A.

Although there is a higher monthly cost to process, the City will not need to procure compost at an estimated annual cost of $42,000.

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Attachment: SB1383 Presentation V 4.0 04.05.2022 (3566 : Residential Organic Recycling Workshop) Next Steps in the law-

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Attachment: SB1383 Presentation V 4.0 04.05.2022 (3566 : Residential Organic Recycling Workshop) Questions ??
Thank you
Jessica Sutorus
Environmental Conservation Supervisor
909-370-5561
[email protected]

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Attachment: SB1383 Presentation V 4.0 04.05.2022 (3566 : Residential Organic Recycling Workshop)

ITEM NO. 3

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON MARCH 15, 2022, ON FILE IN THE OFFICE OF THE CITY CLERK.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on March 15, 2022.

BACKGROUND

Minutes for the City Council Regular Meeting held on March 15, 2022.

FISCAL IMPACTS

None.

ATTACHMENT

1. 03-15-2022 Draft Minutes
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2022 MARCH 15 CC/CUA/CPFA/CHA MEETING 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

CLOSED SESSION MINUTES

March 15, 2022

Closed Session Meeting held on the above given date at 5:00 p.m., in City Hall, located at 650 North La Cadena Drive, Colton, California with Mayor Navarro presiding.

CITY COUNCIL ROLL CALL
Councilmembers present were Toro, Cisneros, Koperski, González, Echevarria, Suchil; and Mayor Navarro.

STAFF PRESENT
City Manager Smith, City Attorney Campos, and City Clerk Padilla.

PUBLIC COMMENT
The following community members addressed the Council: Pam Lemos

CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Item A/B.

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Modern Pacific Homes, LLC. V. City of Colton, et al.,
San Bernardino Superior Court, Case No. CIVSB2120518

CM Suchil Announcement – Item A
Councilmember Suchil recused himself from the closed session meeting due to a conflict of interest; he is precluded from considering the closed session Item A as a member of the body, by virtue of his ownership of property within 500 feet of the project site related to the item before Council.

Discussion of Item B
5:24 p.m. – CM Suchil entered Closed Session

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

Mayor Navarro adjourned the meeting to Closed Session at 5:05 p.m. and at 6:00 p.m., the meeting reconvened, with all members present heretofore.

City Attorney Campos announced that the City Council did meet in Closed Session and discussed Item A/B; with direction to staff and no reportable action.

Reportable Action/Closed Session Agenda of January 4, 2022

A. CONFERENCE WITH LEGAL COUNSEL -WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.95.

Case Name(s): Michael Collins v. City of Colton

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City Attorney Campos announced a closed session report from a previous closed session that is now final and subject to disclosure. At the meeting of January 4, 2022 under item “A” under closed session, in the Workers Compensation Claim of Michael Collins v. City of Colton, the City Council ap proved settlement of the workers compensation claim in closed session in the amount of $120,000.

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CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

March 15, 2022

Regular Meeting held on the above-given date at 6:01 p.m. in City Hall, located at 650 North La Cadena Drive, Colton, California with Mayor Navarro presiding.

INVOCATION: Pastor Eric Strutz – The Door Church
FLAG SALUTE: Councilmember David J. Toro (Veteran)

CITY COUNCIL ROLL CALL

Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Ernest R. Cisneros Carolina R. Padilla, City Clerk Kenneth J. Koperski
Dr. Luis S. González
John R. Echevarria
Isaac T. Suchil

Council Members Absent
None

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MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF MARCH 15, 2022.

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

AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.

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

PUBLIC HEARINGS

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Attachment: 03-15-2022 Draft Minutes (3553 : Draft Minutes 3-15-2022) 2022 MARCH 15 CC/CUA/CPFA/CHA MEETING 3 -
(1) Public Hearing - Weed Abatement

TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE THE CITY'S WEED ABATEMENT PROGRAM.

Mayor Navarro declared the Public Hearing open.

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

Staff Presentation
Ray Bruno, Fire Marshal, Colton Fire Department, presented for Council consideration an overview of the agenda it em; requested the following: (1) conduct a public hearing for those property owners who wish to protest the abatement of weeds on their property; (2) close the public hearing and direct the Fire Chief or his designee to abate the stated nuisance by having the weeds, rubbish, refuse, or dirt removed.

Public Comment
None

Motion and second by CM González/MPT Koperski to close the public hearing.

Vote: Unanimous

*************************************************************************** Public Comment

General Public Comment
None

Consent Calendar Public Comment
The following community members addressed the Council: Thomas De Bellis/Item11

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

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 13.

Councilmembers present selected items for discussion and clarification by staff: CM Suchil, Item 11.

Motion and Second by CM González/CM Suchil to approve the consent calendar Item 2 through 13.

Vote: Unanimous

(2) Minutes - Approval of Minutes for the City Council Regular Meeting Held on March 01, 2022, on file in the Office of the City Clerk.

(3) Warrants - Approve replacement check #197431 dated 02/17/2022 for $201.40; voucher numbers 197432 to 197556 dated 02/17/2022 and totaling $686,906.61; voucher numbers 197557 to 197627 dated 02/24/2022 and totaling $3,371,568.29; vouchers number 197628 to 197713 dated 02/28/2022 and totaling $77,824.07 and payroll disbursement listing dated 01/08/2022 to 01/21/2022 and totaling $1,988,390.31.

(4) Agreement - MS4 NPDES Common Interest Permittees - Approve MS4 NPDES Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees.

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(5) Contract Award - CalProMax Engineering Inc. - Approve and Adopt Resolution R -21-22, Award of Contract to CalProMax Engineering, Inc. for HSIP Funded Crosswalks Improvement Project in the amount of $308,300, RESOLUTION NO. R-21-22.

(6) Contract Award - Diversified Utility Services Inc. - Approve and Adopt Resolution No. R -14-22 to Ratify an Emergenc y Contract for Line and Grid Infrastructure Repairs adjacent to Mt. Vernon and M Street, RESOLUTION NO. R-14-22.

(7) Contract Amendment - GovernmentJobs.com, Inc. (dba NEOGOV) - Amend Contract to GovernmentJobs.com, Inc. (dba NEOGOV) for Applicant Trackin g, Onboarding, Performance, Background Integration, eForms, and Learn System Modules.

(8) Contract Award - KPFF Consulting Engineers - Approve and Adopt Resolution R -22-22, Award of Professional Service Agreement to KPFF Consulting Engineers for the Agua Mansa Road Bridge Replacement and Widening Project, RESOLUTION NO. R-22-22.

(9) Emergency Work - Hitachi Energy USA at Century Substation - Approve Additional Emergency Work Request with Hitachi Energy USA for Repair Work at Century Substation, RESOLUTION R-24-22.

(10) Modify Curb Markings - 7th/8th Streets - Approve Modification of Curb Markings along Seventh (7th) Street and Eighth (8th) Street in the Vicinity of Woodrow Wilson Elementary.

(11) MOU Side Letter - CPOA and CFFA - Approve Colton Police Officers Association (CPOA) MOU Side Letter #2 and Colton Firefighters Association (CFA) MOU Side Letter #1.

(12) Resolution - ARPA Stipend - Approve and Adopt a Resolution Adopting the American Rescue Plan Act (ARPA) Stipend, RESOLUTION NO. R-19-22.

(13) Second Reading of Ordinance No. O -04-22 - Waive full reading, and Approve Second Reading of Ordinance Amending Colton’s Municipal Code Section 2.02.090 Regarding By -District Elections, Adjusting the Boundaries of City Council Election Districts and Confirm ing such Revised Council District Boundaries, as Reflected in the Attached Map, ORDINANCE NO. O-04-22.

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

CITY MANAGER'S REPORTS
None

ADJOURNMENT
At 6:27 p.m.. Mayor Navarro adjourned the Regular Council Meeting.

_________________________________
Carolina R. Padilla
City Clerk

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ITEM NO. 4

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 02/25/2022 AND
TOTALING $21,301.91; VOUCHER NUMBERS 197714 TO 197824
DATED 03/03/2022 AND TOTALING $1,398,751.26; REPLACEMENT CHECKS DATED 03/08/2022 AND TOTALING $906.05; VOUCHER
NUMBERS 197827 TO 197959 DATED 03/10/2022 AND TOTALING
$458,791.17; VOUCHER NUMBERS 197960 TO 198099 DATED
03/17/2022 AND TOTALING $198,326.69; REPLACEMENT CHECKS DATED 03/21/2022 AND TOTALING $27,908.13; VOUCHER
NUMBERS 198106 TO 198232 DATED 03/24/2022 AND TOTALING
$4,475,537.69; PAYROLL DISBURSEMENT LISTING DATED
01/22/2022 TO 02/04/2022 AND TOTALING $842,830.46 AND A PAYROLL DISBURSEMENT LISTING DATED 02/05/2022 TO
02/18/2022 AND TOTALING $912,470.49.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 02/25/2022 and totaling $21,301.91; voucher numbers 197714 to 197824 dated 03/03/2022 and totaling $1,398,751.26; replacement checks dated 03/08/2022 and totaling $906.05; voucher numbers 197827 to 197959 dated 03/10/2022 and totaling $458,791.17; voucher numbers 197960 to 198099 dated 03/17/2022 and totaling $198,326.69; replacement checks dated 03/21/2022 and totaling $27,908.13; voucher numbers 198106 to 198232 dated 03/24/2022 and totaling $4,475,537.69; payroll disbursement listing dated 01/22/2022 to 02/04/2022 and totaling $842,830.46 and a payroll disbursement listing dated 02/05/2022 to 02/18/2022 and totaling $912,470.49.

BACKGROUND
4 Packet Pg. 75
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
April 5, 2022

Page 2 ends

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

ISSUES/ANALYSIS

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

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENTS

1. Fund number & Title legend

2. Voucher lists and payroll disbursements

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Voucher lists continued

4. Payroll Registers
4 Packet Pg. 76
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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Attachment: Payroll Registers (3517 : Warrants - Accounts Payable)

ITEM NO. 5

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR JANUARY 2022.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive and File City Treasurer’s Report for January 2022.

ATTACHMENT

1. Treasurer's report January 2022
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Attachment: Treasurer's report January 2022 (3571 : Treasurer's Report)

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Attachment: Treasurer's report January 2022 (3571 : Treasurer's Report)

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Attachment: Treasurer's report January 2022 (3571 : Treasurer's Report)

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Attachment: Treasurer's report January 2022 (3571 : Treasurer's Report)

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Attachment: Treasurer's report January 2022 (3571 : Treasurer's Report)

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Attachment: Treasurer's report January 2022 (3571 : Treasurer's Report)

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Attachment: Treasurer's report January 2022 (3571 : Treasurer's Report)

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Attachment: Treasurer's report January 2022 (3571 : Treasurer's Report)

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Attachment: Treasurer's report January 2022 (3571 : Treasurer's Report)

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Attachment: Treasurer's report January 2022 (3571 : Treasurer's Report)

ITEM NO. 6

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT (PSA) FOR ENGINEERING SERVICES WITH

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA FOR
FISCAL YEAR 21/22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the increase of compensation to the Professiona l Services Agreement with Engineering Resources of Southern California (ERSC) by $36,000 for FY 21/22.

2. Authorize the City Manager to execute the Second Amendment to the Professional Services Agreement with Engineering Resources of Southern California (ERS C) for FY 21/22.

BACKGROUND

The Public Works Engineering Division retains as -needed engineering services to assist with plan check reviews of various development projects in several different technical areas. These as-needed plan check services ensure t imely project reviews and help maintain cost efficiency through competitive service costs.

On July 12, 2021, the City of Colton entered into a Professional Services Agreement (PSA) with Engineering Resources of Southern California (ERSC) to provide engine ering plan checking services for various incoming development projects. The PSA was in the amount of $24,000.

6 Packet Pg. 224
Staff Report to the Mayor and City Council
Contract Amendment - Engineering Resources of Southern California April 5, 2022

Page 2 ends

On February 01, 2022, the City of Colton entered into the First Amendment of the PSA with ERSC to continue to provide engineering plan checking s ervices for various incoming development projects. The First Amendment was in the amount of $20,000.

ISSUES/ANALYSIS

Due to the significant increase in the volume of plan check activities in the last few months and expected engineering plan check activi ties until the end of the current fiscal year, the Public Works Department is requesting to amend the existing PSA with ERSC by increasing the contract amount for the Fiscal Year (FY) 21/22 from $44,000 to $80,000, in line with the increased influx of comm ercial development projects from previous fiscal year budgets. Large commercial construction projects have been submitted concurrently , and they require extensive plan check reviews for grading, water quality, maps, hydrology, street improvements and stor m drains. These projects include the 900,000+ square foot warehouses at the Barton Road Logistics Center, a new truck repair facility (Dhillon Truck Repair) on Mission St., the new La Quinta Hotel on Washington St., a warehouse building at 1650 Fairway Av e., street improvements at 1800 S. Riverside Ave., and completion of an industrial development at 12277 S. La Cadena Dr., an O’Reilly Auto Parts store on Washington St. and another O’Reilly Auto Parts store on Colton Avenue.

FISCAL IMPACTS

Sufficient appropriations for the contract amendment are available FY2021-22 adopted budget in General Fund Public Works Engineering Division Professional Services Account No. 100-6150- 6151-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - 2nd Amendment to Prof Svcs Agreement
6 Packet Pg. 225
1 SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

1. PARTIES AND DATE.

This Second Amendment to the Professional Services Agreement (“Second Amendment”) is made and entered into this 05th day of April, 2022 by and between the City of Colton (“City”) and Engineering Resources of Southern California, Inc., (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated July 1, 2021 (“Agreement”), whereby Consultant agreed to provide professional plan check services for various development projects (“Services”).

2.2 Amendment Purpose. City and Consultant desire to amend the Agreement for the Second time to increase compensation by $36,000.

2.3 Amendment Authority. This Second Amendment is authorized pursuant to Section

3.6.13 of the Agreement.

3. TEMS.

3.1 Scope of Services and Term. Compensation. Section 3. 1.1 of the Agreement is hereby deleted in its entirety and replaced with the following:

3.1.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty Thousand Dollars and No Cents ($80,000.00) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3.2 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.

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Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreement (3569 : Contract Amendment - Engineering Resources of Southern California) 2 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.

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

3.5 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreement (3569 : Contract Amendment - Engineering Resources of Southern California) 3 SIGNATURE PAGE FOR SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to the Professional Services Agreement as of the 05th day of April, 2022.

CITY OF COLTON

By: ___________________________ Attest: ___________________________ William R. Smith Carolina R. Padilla
City Manager City Clerk

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.,
A corporation

By: ___________________________ By: ___________________________ Signature Signature

John M. Brudin Moe Ahmadi .

Name (Print) Name (Print)

President Vice President .

Title (Print) Title (Print)

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Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreement (3569 : Contract Amendment - Engineering Resources of Southern California) 4 EXHIBIT “A – SECOND AMENDMENT”

SCOPE OF SERVICES

Provide Plan Check and Inspection Services. Scope of Services include but not limited to plan check services for:

1. Grading Plan

2. Storm Water Pollution Prevention (SWPPP)

3. Street Improvement

4. Water Quality Management Plan (WQMP)

5. Drainage plan

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Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreement (3569 : Contract Amendment - Engineering Resources of Southern California) 5 EXHIBIT “B – SECOND AMENDMENT”

SCHEDULE OF SERVICES

July 1, 2021 to June 30, 2022

1. Requested plan check reviews are at an as needed basis and are not guaranteed. They are at the discretion of the City.

2. Standard plan check review turn-around times are within two (2) weeks from the date emailed of such requested services.

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Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreement (3569 : Contract Amendment - Engineering Resources of Southern California) 6 EXHIBIT “C – SECOND AMENDMENT”

COMPENSATION

NOT TO EXCEED AMOUNT OF FORTY-FOUR THOUSAND DOLLARS AND NO CENTS ($80,000)

SEE ATTACHED ERSC SCHEDULE OF HOURLY BILLING RATES

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Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreement (3569 : Contract Amendment - Engineering Resources of Southern California) ERSC Billing Rates
EXHIBIT “C”

SCHEDULE OF HOURLY BILLING RATES
Effective JUNE 1, 2021

Principals / Engineers / Technicians

Surveyors / Administration / Aides

Principal/President .....................................

$229.00

Principal Surveyor ..........................

$155.00
Principal/Vice President ............................. 203.00 Senior Surveyor ............................. 132.00 Senior Principal Engineer........................... 197.00 Principal Engineer ................................ ...... 192.00 Assistant Principal Engineer ...................... 180.00 Engineer V ................................ ................. 145.00 Operations Specialist ..................... $73.00 Engineer IV ................................ ................ 130.00 Admin. Asst. II ................................ 66.00 Engineer III ................................ ................ 114.00 Admin Asst. I ................................ . 60.00 Engineer II ................................ ................. 101.00 Engineer I ................................ .................. 85.00 Senior Engineering Associate ................... 131.00 Engineering Aide II ......................... $45.00 Engineering Associate III ........................... 104.00 Engineering Aide I .......................... 38.00 Engineering Associate II ........................... 85.00 Engineering Associates I............................ 60.00

Construction Manager ................................ ................................ ................................ ........................ $145.00 Resident Engineer ................................ ................................ ................................ ..............................$192.00 Senior Construction Inspector .............................................................................................................$119 .00 Construction Inspector ................................ ................................ ................................ ........................ $114.00 Mileage ................................ ................................ ................................ ................................ ............ $0.65 mile Direct Cost ................................ ................................ ................................ ................................ ..... Cost + 20%

Testimony under oath will be billed at $364.00 per hour. with a four (4) hour minimum

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Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreement (3569 : Contract Amendment - Engineering Resources of Southern California)

ITEM NO. 7

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: APPROVE AN AMENDMENT TO THE CURRENT FIRE

APPARATUS SOLUTIONS CONTRACT AND APPROVE AND
ADOPT RESOLUTION NO. R-29-22 TO AMEND THE FY 2021-22
BUDGET TO INCREASE APPROPRIATIONS, RESOLUTION NO. R-
29-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the City Manager to approve the Contract Amendment with Fire Apparatus Solutions (FAS), to increase the compensation to FAS for FY2021-22 from $125,000 to $140,000, and approve and Resolution R-29-22 to amend the FY2021-22 budget to increase appropriations in the amount of $15,000.

BACKGROUND

In 2017, City Council approved a three -year Vehicle Services Maintenance Contract with Fire Apparatus Solutions (FAS) for an amount not to exceed $125,000 per year. Section 3.1.2 Terms, of the FAS contract states the terms of the agreement shall begin on 07/01/2017 and continue through 07/01/2020. Thereafter, the City of Colton and Fire Apparatus Solutions may agree to additional one (1) year periods on the same terms and conditions. Fire has extended the contract in one -year increments since 2020. The am ount budgeted for FAS in the General Fund Fire Department Vehicle Operating Expense Account has remained $125,000 per year for the last five years.

ISSUES/ANALYSIS

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Staff Report to the Mayor and City Council
Contract Amendment - Fire Apparatus Solutions
April 5, 2022

Page 2 ends

As the Fire Department fleet continues to age and replacement part costs rise due to inflation, the FAS contract requires an amendment to ensure sufficient funds are available for necessary repairs through the end of the fiscal year . During the mid -year budget process, FAS contract balance was trending normally; however, multiple invoices wer e received after adoption of the mid-year budget. As of the writing of this agenda report, the FAS budget balance is $18,295.

There are several expensive repairs, including a replacement radiator on the South Colton Engine 213, a 2005 KME with 179,000 miles on it presently, which must be completed this month.

Deferment of fire engine replacement causes the cost of maintenance to increase. If our fleet has too many older engines then we should anticipate repair costs to rise.

Fire is requesting the following action by Council:
 Authorize the City Manager to approve the Contract Amendment with FAS for FY2021- 22 from $125,000 to $140,000.
 Increase Appropriations in FY20 21-22 General Fund Fire Department Vehicle Maintenance Account by $15,000.

FISCAL IMPACTS

Adoption of resolution R-29-22 will:

 Increase Appropriations in FY2021 -22 General Fund Fire Department Operations Vehicle Maintenance Account 100-6090-6091-2210-0000-000 by $15,000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. FAS & Colton Contract

2. CONTRACT AMENDMENT FAS TO INCREASE AMOUNT FY22

3. RESOLUTION R-29-22
7 Packet Pg. 234
1 Contract Number:

F
ire Department Vehicle Maintenance Contract
Project Name: City of Colton
Contract Start Date: 07/01/2020
Total Contract Amount:

Not to exceed $125,000 per year
Contract End Date: 07/01/2022
T
his Contract is made and entered into the State of California by and between Fire Apparatus Solutions and the City of Colton
I
T IS HEREBY AGREED AS FOLLOWS:

Fire Department Vehicle Maintenance Services

1. PARTIES
This Agreement is made by and between the City of Colton, with its principal place of business at 303 East E St., Colton, CA 92324 and Fire Apparatus Solutions with a principal place of business at 1762 S Sycamore Avenue, Rialto, CA 92376.

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Attachment: FAS & Colton Contract (3560 : Contract Amendment - Fire Apparatus Solutions)

2 2. RECITALS

2.1 Fire Apparatus Solutions
Fire Apparatus Solutions desires to perform certain professional S ervices required by the City Pursuant to the terms and conditions set forth in this A greement. Fire Apparatus Solutions that it is experienced in providing vehic le maintenance S ervices to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Services
City desires to engage Fire Apparatus Solutions exclusively to render vehicle maintenance Services for the City's Fire Department as set forth in this Agreement.

Services is defined as performing routine maintenance or repair work on a vehicle.

3. TERMS

3.1 Scope of Services and Term

3.1.1 General Scope of Services
Fire Apparatus Solutions agrees to furnish to the City all labor, materials, tools, equipment, Services, incidentals and customary work necessary to fully and adequately supply the professional vehicle maintenance services for the City of Colton Fire Department ( Services). The S ervices are more particularly described in "Exhibit A" attached hereto and Incorporated herein by refer. All Services shall be subject to, and performed in accordance with this Agreement, the Exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term
The term of this Agreement shall begin on 07/01/2017 and continue through 07/01/2020. Thereafter, the City of Colton and Fire Apparatus Solutions may agree for additional one (l) year periods on the same term s and conditions herein. Fire Apparatus Solutions shall complete the Services within the term of this Agreement and shall meet any other established deadlines and or Schedules.

Schedules is defined as a plan for carrying out a process or procedure, giving lists of intended events and times.

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Attachment: FAS & Colton Contract (3560 : Contract Amendment - Fire Apparatus Solutions)

3 3.2 Fire Apparatus Solutions Responsibilities

3.2.1 Schedule of Services
Fire Apparatus Solutions shall perform the Services on an as needed basis and in an expeditious manner within the term of this Agreement, and in accordance with the schedule of Services.

Services set forth in exhibit "B" are attached hereto and incorporated herein by reference. Fire Apparatus Solutions represents that it has professional and technical personnel required (as certifications provided), to perform the Services in conformance with such conditions. In order to facil itate Fire Apparatus Solution's conformance with the schedule, the City of Colton shall respond to Fire Apparatus Solution's submittals in a timely manner. The City of Colton agrees it is responsible to take appropriate action for safety required repairs brought to their attention, including placing vehicles out of service when necessary. Fire Apparatus Solutions to provide a 24- hour onsite service and support. Fire Apparatus Solutions or predesignated company for after hour mobile repairs.

3.2.2 Applicable Requirements
All work proposed by Fire Apparatus Solutions shall be subject to the approval of the City of Colton Representative.

3.2.3 Control and Payment Independent Contractor
The Services shall be performed by Fire Apparatus S olutions or under its supervision. Fire Apparatus S olutions will determine the means and details of performing the Services subject to the requirements of this Agreement. City of Colton retains Fire Apparatus Solutions on an independent contractor basis and not as an employee. Fire Apparatus Solutions retains the right to perform similar or different S ervices for others during the term of this A greement. Any additional personnel performing the S ervices under this A greement on behalf of Fire Apparatus Solutions shall also not be employees of the City of Colton and shall at all times be under Fire Apparatus Solution's exclusive direction and control. Fire Apparatus Solutions shall pay all wages, salaries, and other amount due such personnel in connection with their performance of Services under this Agreement and as required by law.

3.2.4 City of Colton Representative
The City of Colton hereby designates its Fire Chief, or his or her designee, to act as its representative for the performance of this A greement. The City of Colton representative shall have full authority to represent and act on behalf of

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Attachment: FAS & Colton Contract (3560 : Contract Amendment - Fire Apparatus Solutions)

4 Fire Apparatus Solutions for all purposes under this Agreement. Fire Apparatus Solutions shall not accept direction or orders from any person other than the City of Colton representative.

3.2.5 Fire Apparatus Solutions Representative
Fire Apparatus solutions hereby designates the Service Manager, or his or her designee, to act as its representative for the performance of this Agreement. Fire Apparatus Solution's representative shall have full authority to represent and act on behalf of Fire Apparatus Solutions for all purposes under this A greement.

Fire Apparatus Solution's representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services
Fire Apparatus Solutions agrees to work closely with the City of C olton Staff in the performance of Services and shall be available at all reasonable times.

3.2.7 Standard of Care
Fire Apparatus Solutions shall perform all S ervices under this Agreement in a skillful and competent manner, consistent with the standards gen erally recognized as being employed by professional s in the same discipline in the state of California. Fire Apparatus Solutions represents and maintains that it is skilled in the professional calling necessary to perform the S ervices. Fire Apparatus Solutions warrants that all employees and sub-contractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Fire Apparatus Solutions represents that it, its employees and sub -contractors have licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services shall be maintained throughout the term of this Agreement.

3.2.8 Laws and regulations
Fire Apparatus Solutions shall keep itself fully informed and in compliance with all local, state and federal laws, and rules and regulations in any manner affecting the performance of the S ervices, including all Cal/OSHA requirements, and shall give notices required by law. Fire Apparatus Solutions shall be responsible for compliance with such laws and regulations in connection with S ervices, and shall indemnify and hold City of Colton, it's officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this A greement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations.

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Attachment: FAS & Colton Contract (3560 : Contract Amendment - Fire Apparatus Solutions)

5 3.2.9 Insurance

3.2.9.1 Time for Compliance
Fire Apparatus Solutions shall not commence any Services under this Agreement until it has provided evidence satisfactory to the City of Colton that it has secured all insurance required under this section.

3.2.9.2 Minimum Scope of Insurance
Fire Apparatus Solutions is fully Insured private entity and has excess insurance with respect to the following: (I) Automotive Liability; (Il) Automobile Garage Keeper Liability & shall contain additional endorsements naming the City of Colton and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of Fire Apparatus Solutions performance of Services hereunder.

3.2.9.3 Verification of Coverage
Fire Apparatus Solutions shall furnish the City of Colton with statements of all applicable insurance policies.

3.2.10 Safety
Fire Apparatus Solutions shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its S ervices, Fire Apparatus Solutions at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and conditions under which work is performed.

3.3 Fees and Payments

3.3.1 Fees
Fire Apparatus Solutions will be compensate d for scheduled preventative maintenance at $ 70.00 per hour. See "Exhibit B" for details . For any repairs (other than scheduled P.M. S ervices) Fire Apparatus Solutions to be compensated at a labor hour's rate of $88.00 per hour. Travel to the City of Colton facilities to be waived. Pick -up and delivery also waived. Any towing of the City vehicles will be charged to the City of Colton. The hourly labor rate for Services during non-business hours is $105.00 per hour.

3.3.2 Additional Compensation

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Attachment: FAS & Colton Contract (3560 : Contract Amendment - Fire Apparatus Solutions)

6 In addition to labor Services the City of Colton shall reimburse Fire Apparatus Solutions for parts and materials consumed for each repair.

3.3.3 Annual Fee Increases
Fire Apparatus Solutions shall have the right to renegotiate the rates for Services under this A greement. Unless otherwise renegotiated, the annual increase, if any, for hourly labor rates shall not exceed the consumer price index- All urban consumers for the Los Angeles - San Bernardino area for the previous year.

3.3.4 Approval
Fire Apparatus Soluti ons shall not be reimbursed for any expenses unless the City of Colton provides prior authorization.

3.3.5 Payment of Compensation
Fire Apparatus Solutions shall submit to the City of Colton a detailed invoice for each service provided. The invoice will ha ve itemized work completed, hours of S ervices rendered by Fire Apparatus Solutions and parts used in the repair. Fire Apparatus Solutions will also provide a monthly statement with a list of open invoices, upon request. The City Colton shall, within 30 day s of receiving such invoice, review the invoice and pay for all parts, additional hours and all over Services and not included in the terms listed in 3.3.1 above.

3.4 Accounting Records

3.4.1 Maintenance and Inspection
Fire Apparatus Solutions shall mainta in complete and accurate records with respect to all costs and expenses incurred under this A greement. All such records shall be clearly identifiable. Fire Apparatus Solutions shall allow a representative of the City of Colton, during normal business hours to allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of 2 years from the date of final payment under this Agreement.

3.4.2 Fire Apparatus Solution's monthly invoice to the City Colton shall include at least the following information: vehicle number, make of vehicle, hours charged for each repair, and parts cost for each repair.

3.5 General Provisions

3.5.1 Termination of Agreement

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Attachment: FAS & Colton Contract (3560 : Contract Amendment - Fire Apparatus Solutions)

7 3.5.1 (A) Grounds for Termination
Either, Fire Apparatus Solutions or the City of Colton may, by written notice to the other may terminate the whole of any part of this A greement at any time without cause by giving written notice to the other party of such termination, and specifying the e ffective date hereof, at least ninety (90) days before the effective date of such termination. Upon termination, Fire Apparatus Solutions shall be compensated only for those S ervices which have been adequately rendered to the City of Colton, and Fire Apparatus Solutions shall be entitled to no further compensation.

3.5.1 (B) Effect of Termination
If this A greement is terminated as provided herein, the C ity may require Fire Apparatus Solutions to provide all documentation or other data and any other information of any kind prepared by Fire Apparatus Solutions in connection with the performance of S ervices under this A greement. Fire Apparatus Solutions shall be required to provide such documents and other information within (15) days of the request.

3.5.1 (C) Replacement Service
In the event this A greement is terminated in the whole or part as provided herein, the City of Colton may produce, upon such terms and in such manner as it may determine appropriate, Services similar to those terminated.

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

Fire Apparatus Solutions
1762 S Sycamore Avenue
Rialto, CA 92376

City of Colton Fire Department
Attn: Fire Chief 303 East E St.

Colton, CA 92324

Such notice shall be deemed made when personally delivered or when mailed, 48 hours after deposit in the U.S mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method service.

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Attachment: FAS & Colton Contract (3560 : Contract Amendment - Fire Apparatus Solutions)

8 3.5.3 Cooperation
Fire Apparatus Solutions and the City of Colton shall fully cooperate with one another, and shall take any additional accounts and sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement

3.5.4 Entire Agreement
This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or Agreements. Only a writing signed by both parties may modify this Agreement.

3.5.5 Governing Law
This Agreement shall be governed by the laws of the state of California. Venue shall be in San Bernardino County.

3.5.6 Successors and Assigns
This Agreement shall be binding on the successors and assigns of the parties and shall not be assigned by Fire Apparatus Solutions without the prior written consent of the City of Colton.

3.5.7 Assignment or Transfer

Fire Apparatus Solutions shall not assign, hypothecate, or transfer, either directly or by operation of law, this A greement or any interest herein without the prior written consent of the City of Colton. Any attempt to do so shall be null and avoid, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Amendment Modification
No supplement modification or amendment of this Agreement shall be binding unless in writing and signed by both Fire Apparatus Solutions and the City of Colton.

3.5.9 Waiver

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Attachment: FAS & Colton Contract (3560 : Contract Amendment - Fire Apparatus Solutions)

9 No waiver of any default shall constitute a waiver of any defau lt or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppels, or otherwise.

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

3.5.11 Invalidity
If in any portion of this A greement is declared invalid, illegal, or otherwise unenforceable by court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.12 Prohibited Interests
Fire Apparatus Solutions warrants that it has not paid nor has it agreed to pay any company, person or contract company . working for Fire Apparatus Solutions, any commission, percentage, brokerage fee, gift breach or violation of this warranty, the City of Colton shall have the right to rescind this Agreement without liability. For the term of this A greement, no member, officer, employee of the City of Colton, during the term of his or her service with the City of Colton, shall have any direct interest in this, or Agreement obtain any present or anticipated material benefit.

3.5.13 Authority to Enter Agreement
Fire Apparatus Solutions has all requisite power and authority to conduct its business and to execute, deliver, and perform the A greement. Each party warrants that the individuals that are who have signed this A greement have legal power, right, and authority to sign this Agreement and bind each respective party.

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

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Attachment: FAS & Colton Contract (3560 : Contract Amendment - Fire Apparatus Solutions) 10 SIGNATURE PAGE TO

FIRE DEPARTMENT VEHICLE MAINTENANCE CONTRACT

CITY OF COLTON KALMIKOV ENTERPRISES, INC
dba: FIRE APPARATUS SOLUTIONS
B
y: Owner:

William R. Smith Date William Kalmikov Date City Manager President
A
ttest:

Carolina Padilla Date
City Clerk

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Attachment: FAS & Colton Contract (3560 : Contract Amendment - Fire Apparatus Solutions) (BB&K: 2-12)
23152.06020\1435122.5

FIRST AMENDMENT TO

FIRE DEPARTMENT VEHICLE MAINTENANCE CONTRACT

BETWEEN THE CITY OF COLTON
AND

KALMIKOV ENTERPRISES, INC
DBA: FIRE APPARATUS SOLUTIONS

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement is made and entered into this 5th day of April, 2022 by and between the City of Colton (“City”) and FIRE APPARATUS SOLUTIONS (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.

2. RECITALS.

2.1 Agreement. City and Contractor entered into that certain Fire Department Vehicle Maintenance Contract dated July 1, 2020 (“Agreement”), whereby Contractor agreed to provide perform certain professional Services.

2.2 Amendment. City and Contractor desire to amend the Agreement for the first time to increase Compensation (Section 3.3.1) from $ 125,000 to $140,000 for Fiscal Year 2021-

22. 3. TERMS.

3.1 Text box on the title page of the Agreement is hereby deleted in its entirety and replaced with the following:

Project Name: City of Colton Total Contract Amount: Not to exceed $125,000 per year;
Not to exceed $140,000 for
FY2021-22

Contract Start Date: 07/01/2020 Contract End Date:
07/01/2022

3.2 Continuing Effect of Agreement. Except a s amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

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Attachment: CONTRACT AMENDMENT FAS TO INCREASE AMOUNT FY22 (3560 : Contract Amendment - Fire Apparatus Solutions) 2 (BB&K: 2-12)
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3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.

3.4 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original , but when taken together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the Professional Services Agreement as of the 5th day of April, 2022.

CITY OF COLTON

By: _________________________
William R. Smith Date
City Manager

Attest: _________________________
Carolina Padilla Date
City Clerk

KALMIKOV ENTERPRISES, INC
dba: FIRE APPARATUS SOLUTIONS

Owner:_________________________
William Kalmikov Date
President

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Attachment: CONTRACT AMENDMENT FAS TO INCREASE AMOUNT FY22 (3560 : Contract Amendment - Fire Apparatus Solutions) 1 2
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RESOLUTION NO. R-29-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON AUTHORIZING A CONTRACT AMENDMENT WITH

FIRE APPARATUS SOLUT IONS TO PERFORM VEHICLE
MAINTENANCE SERVICES AND TO AMEND THE FY 2021-22
ADOPTED BUDGET TO AP PROPRIATE $15,000 FR OM

GENERAL FUND RESERVE B ALANCE TO THE FIRE

DEPARTMENT VEHICLE MAINTENANCE ACCOUNT

WHEREAS, the Budget for Fiscal Year commencing July 1, 202 1 and ending June 30, 2022 was approved and adopted by Resolution; and
WHEREAS, the approved budget is in accordance w ith all applicable ordinances of the City and applicable statues of the State; and
WHEREAS, the re -allocation of appropriations between department activities may be made by the City Manager. Amendments (increases/decreases) to the budget shall be by approval and Resolution of the City Council; and
WHEREAS, the City contracts with Fire Apparatus Solutions for maintenance of fire engines; and
WHEREAS, the Fire Apparatus Solutions contract is for a maximum of $125,000 per year. The Fire Department anticipates necessary vehicle repairs will exceed $125,000 this year due to increased repairs and costs; and
WHEREAS, the Fire Department needs an additional $15,000 appropriation in order to continue maintenance services through June 30, 2022.

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

SECTION 1. Authorize the City Manager approve a contract amendment with Fire Apparatus Solutions for an additional $15,000 for FY2021-22; and SECTION 2. Amend the adopted FY2021-22 budget to increase appropriations in General Fund Fire Department Operations Vehicle Maintenance Account Number 100- 6090-6091-2210-0000-000 by $15,000 for the additional contract repairs.

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PASSED, APPROVED AND ADOPTED this 5th day of April, 2022.

______
FRANK J. NAVARRO, Mayor

ATTEST:

_______
CAROLINA R. PADILLA, City Clerk

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Attachment: RESOLUTION R-29-22 (3560 : Contract Amendment - Fire Apparatus Solutions)

ITEM NO. 8

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO NBS FOR WATER AND
WASTEWATER RATES AND FEES STUDIES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the award of a contract to NBS in the amount $88,160.00 for the preparation of Water and Wastewater Rates and Fees Studies.

BACKGROUND

The City of Colton provides water service to 10,360 service connections and 14,996 sewer connections, of which are residential, commercial, industrial and municipal accounts. The service area includes 14 square miles in the City of Colton and approximately 0.8 square miles of unincorporated area in San Bernardino County.

The City and Colton Utility Authority’s (CUA) water and wastewater rates pay for all operation and maintenance expenses as well as fund, on a pay as you go basis, capital projec ts and debt service (annual principal + interest payments on outstanding debt). When the CUA issued bonds previously to fund significant capital improvements, it guaranteed to establish and maintain water and wastewater rates at levels to cover the debt se rvice payments and infrastructure needs to maintain the water and wastewater systems. The City and the CUA are committed to replacing aging water and wastewater infrastructure and securing an adequate and reliable water supply to meet current and future demands.

ISSUES/ANALYSIS

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Staff Report to the Mayor and City Council
Contract Award - NBS
April 5, 2022

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On January 14, 2021, the City issued a Request for Proposal (RFP) for the Preparation of a Comprehensive Water Rates and Fees Study. The City received proposals from four (4) firms listed below.

1. Raftelis

2. RD Niehaus

3. NBS

4. FG Solutions
The selection team of City employees analyzed the proposals for completeness and quality of approach. Our team selected the proposal submitted by NBS based on their qualifications and prior experience with related government engagements and distinguishi ng features of their proposal that aligned with the City’s requirements and the overall value to the City.

FISCAL IMPACTS

The contract cost for the preparation of Water and Wastewater Rates and Fees Studies is $88,160.00. $46,180.00 for water and $41,98 0.00 for wastewater. Sufficient appropriations are available in the adopted FY2021-22 budget as follows:

Water Fund Professional Services 521-8100-8101-2350-0000-000 $60,000 Wastewater Fund Professional Services 522-8200-8200-2350-0000-000 $60,000

ALTERNATIVES

1. Provide alternate direction
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ITEM NO. 9

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: APPROVE A CONTRACT AMENDMENT WITH DENNIS GRUBB &

ASSOCIATES FOR FIRE PLAN CHECK SERVICES AND AMEND
THE FY2021-22 BUDGET TO APPROPRIATE FUNDS FOR THE
CONTRACT AMENDMENT, RESOLUTION NO. R-36-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the City Manager to approve the Contract Amend ment with Dennis Grubb & Associates (DGA), to increase the compensation to DGA for FY2021-22 from $75,000 to $95,000; and

2. Approve Resolution R-36-22 to amend the FY2021 -22 budget to increase appropriation s in the General Fund Fire Department Fire Safety Professional Services Account by $20,000.

BACKGROUND

The Colton Fire Department went out to RFQ for contract plan check services in August 2018.

Qualified applicant, Dennis Grubb & Associates (DGA), was brought to Council and approved on November 6, 2018 to approve a one -year contract with the option to renew for three additional one-year terms with the contract commencing on January 1, 2019. Fire has extended the contract in one -year periods on the same terms and conditions. The amount budgeted for DGA has remained at $75,000 per year for the last four years.

ISSUES/ANALYSIS

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Staff Report to the Mayor and City Council
Contract Amendment - Dennis Grubb & Associates
April 5, 2022

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Construction in the city has continued to increase. Plan checks processed by the Fire Department for FY20 20-21 totaled approximately 158. In FY2021-22, the Fire Department has al ready processed 151 plan checks , putting us on track for FY2021 -22 totals of approximately 228 plan checks processed, a 44% increase over the previous fiscal year.

Direct cost recovery for plan check fees has been in place since the Fire Department contra cted with our plan check consultant DGA. With the completion and approval of the fee study in April 2021, the Fire Department is now also able to recover administrative costs on every plan check.

FISCAL IMPACTS

Adoption of Resolution R -36-22 will appropr iate $20,000 from General Fund Reserves to Fire Department Fire Safety Professional Services Account Number 100 -6090-6092-2350-0000-000 for the contract amendment.

The cost of DGA services is 100% recovered in the fees assessed for fire safety system plan reviews. Additionally, administrative costs are also recovered on every plan check according to the fee schedule adopted April 2021.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. CONTRACT AMENDMENT DENNIS GRUBB TO INCREASE AMOUNT FY21-22

2. Attachment A Existing Fee Schedule

3. RESO R-36-22
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FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
DENNINS GRUBB & ASSOCIATES, LLC.

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement is made and entered into this 5th day of April, 2022 by and between the City of Colton (“City”) and DENNIS GRUBB AND ASSOCIATES, LLC (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated January 1, 2019 (“Agreement”), whereby Consultant agreed to provide Fire & Life Safety Plan Check Review, Plan Check Consultation.

2.2 Amendment. City and Consultant desire to amend the Agreement for the first time to increase Compensation (Section 3.3.1) from $75,000 to $95,000.

3. TERMS.

3.1 Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:

"Consultant shall receive comp ensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “ A” attached hereto and incorporated herein by reference. The total
compensation for FY21/22 shall not exceed $ 95,000 without written approval of City Manager . Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement"

3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

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Attachment: CONTRACT AMENDMENT DENNIS GRUBB TO INCREASE AMOUNT FY21-22 (3544 : Contract Amendment - Dennis Grubb & 2 (BB&K: 2-12)
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3.4 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original , but when taken together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the Professional Services Agreement as of the 5th day of April, 2022.

CITY OF COLTON

By: _________________________
William R. Smith Date
City Manager

Attest: _________________________
Carolina Padilla Date
City Clerk

Dennis Grubb
Dennis Grubb and Associates, LLC.

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)
By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

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Attachment: CONTRACT AMENDMENT DENNIS GRUBB TO INCREASE AMOUNT FY21-22 (3544 : Contract Amendment - Dennis Grubb &

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Attachment: Attachment A Existing Fee Schedule (3544 : Contract Amendment - Dennis Grubb & Associates) 1 2
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RESOLUTION NO. R-36-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLTON TO AMEND THE FY2021 -22 BUDGET TO INCREASE
APPROPRIATIONS BY $20,000 FOR A CONTRACT

AMENDMENT WITH DENNIS GRUBB & ASSOC IATES TO

PERFORM CONTRACT PLAN CHECK SERVICES

WHEREAS, the Budget for Fiscal Year commencing July 1, 202 1 and ending June 30, 2022 was approved and adopted by Resolution; and
WHEREAS: The approved budget is in accordance with all applicable ordinances of the City and applicable statues of the State; and
WHEREAS, the re -allocation of appropriations between department activities may be made by the City Manager. Amendments (increases/decreases) to the budget shall be by approval and Resolution of the City Council; and
WHEREAS, the City Council approved an agreement with Dennis Grubb and Associates for contract plan check services for a maximum of $75,000 per year; and WHEREAS, the increased building and plan check submittals this year require a contract amendment with Dennis Grubb and Associates to complete pla n checks for the remainder of the fiscal year; and
WHEREAS, the cost of plan check services is fully recovered in the adopted fees assessed for fire safety system plan reviews and expenditures are offset by revenues for plan check services.

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

SECTION 1. Appropriate from General Fund reserve balance $20,000 to General Fund Fire Department Fire Safety Professional Services Account 100 -6090-6092-2350-0000- 000 for the contract amendment with Dennis Grubb and Associates.

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PASSED, APPROVED AND ADOPTED this 5th day of April 2022.

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FRANK J. NAVARRO, Mayor

ATTEST:

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CAROLINA R. PADILLA, City Clerk

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Attachment: RESO R-36-22 (3544 : Contract Amendment - Dennis Grubb & Associates)

ITEM NO. 10

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE M STREET LINE REPAIR EMERGENCY UPDATE AND CONTINUANCE OF EMERGENCY.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the continuance of Emergency under Colton Municipal Code Section 3.08.130(A) to make critical repairs to the Colton’s Transmission/Distribution system as soon as possible.

BACKGROUND

On January 12 th, 2022, at approximately 2:10 pm, the Century sub tripped offline due to the likely cause of either SCE 115 kV Transmission line arcing or a tree fire. This closed all circuits connected to the Century Substation, or the entire Southeast wing of the City. The nature of this outage created a major explosion and subsequent fire as well as a power line whiplash in the area of the outage. The result of these events caused major damage to Col ton’s interconnecting 66 kV line and pole infrastructure. The damage to this line span s across Transmission lines and critical distribution lines. Colton’s line crews do not have the capability to make the repairs to these higher voltage lines due to lack of equipment needed and manpower. This repair work is critical to the safety and grid stability of the Century sub area.

As a result of this situation, Public Works and Utility Services staff is requesting Emergency repair work to be contracted through an internal competitive process (not formal or informal) and to be approved and performed as soon as possible.

ISSUES/ANALYSIS

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Staff Report to the Mayor and City Council
Emergency Update - M Street Line Repair
April 5, 2022

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Public Contract Code section 22050(a) authorizes the City to proceed with awarding a public works contract to perform emergency work without giving notice for bids upon adoption by the City Council by a four -fifths vote of a resolution finding that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency. Pursuant to Section 3.08.130 of the City’s Municipal Code and Public Contract Code section 22050(b), the City Council delegated authority to make an emergency determination and award a contract to perform emergency work to the City Manager.

The City Manager determined this work constituted an emergency that did not permit undergoing the formal competitive bidding process because this repair work is critical to the safety and grid stability of the Century sub area.

In order to mimic a c ompetitive process, staff sent the request to five qualified contractors and two responded. Diversified Utility Services, Inc. was selected as the least cost/best fit provider and final contracting has been completed. Diversified has ordered parts and deli veries are pending at this time.

Now, pursuant to Colton Municipal Code Section 3.08.130 (A) and Public Contract Code section 22050(b)(3), the City Manager must report to the City Council the reasons justifying why the emergency will not permit a delay res ulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. In turn, pursuant to Public Contract Code section 22050(c)(2), the City Council must review the emergency action by the City Manager and determine, by a four-fifths vote, there is a need the continue the action.

FISCAL IMPACTS

Sufficient appropriations for the approved total contract of $91,174 for the repairs on M-Street are available in the adopted FY2021-22 Budget in Electric Fund Professional Services Account Number 520-8004-2350-0923-000. The goal is to complete all work before summer if materials can arrive within 2-4 weeks after final contracting.

ALTERNATIVES

Provide alternative direction to Staff.
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ITEM NO. 11

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION FOR EMERGENCY WORK AT CENTURY SUBSTATION COMPLETE.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the termination of the Emergency as declared in Resolution No. R -24-22 in accordance with Colton Municipal Code §3.08.130(A); and

2. Authorize the notice of completion for the work completed by Hitachi Energy USA.

BACKGROUND

On October 19, 2021, Resolution No. R -114-21 was approved by the City Council to amend previous Resolution No. R -110-21. Resolution No. R -114-21 authorized the amended purchase order and the additional emergency repairs of the Transformer No. 2 at the Century Substation by Hitachi Energy USA (Hitachi) in the amount not to exceed $165,240. On February 7, 2022, Hitachi initiated the repair of the Load Tap C hanger (LTC) for Century Substation Transformer No. 2. After the completion of the LTC repair, preliminary testing revealed a higher than acceptable dew point test of 2.6% on 2/12/22. The industry upper limit for an aged transformer is 1%. The recommended vacuum drying was applied, and the moisture content was retested on 2/15/22. It showed an improvement to 2.25%. On February 15, 2022, Hitachi recommended to continue applying vacuum to lower the moisture content.

The vacuum drying continued through the weekend, and on 2/22/22, the moisture content tested at 0.93%. The vacuum resumed for the minimum of 8 hours before the refilling process could begin. On 2/23/22, oil refilling of the transformer began. After the completion of the oil filling, 11 Packet Pg. 260
Staff Report to the Mayor and City Council
Emergency Work Complete - Century Substation
April 5, 2022

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electrical testing of the transformer began. All test results were acceptable. On February 28, 2022, Century Substation Transformer No. 2 returned to normal service.

Furthermore, Resolution R -24-22 was approved by City Council on March 5 th, 2022 amending previous Resolutions to request additional funding for the emergency repairs.

The emergency work required as a result of this situation is now complete.

ISSUES/ANALYSIS

The repair work from Hitachi on Century Substation Transformer No. 2 identified unaccept able moisture content that needed immediate solutions to prolong the integrity of the equipment. The immediate solution of applying additional periods of vacuum required increased cost. Hitachi recommended a dry out be performed using vacuum only, for a duration of approximately 48 - hours. This is a recommended duration; it is impossible to predict the duration of a dry out. Any additional drying beyond the stated 48 -hours will be performed for an additional cos t, on time and material basis. The labor for this service also includes delays incurred on February 14 and 15, when short -duration dry out attempts were performed and initial dew point tests were performed, which is work performed outside of the previously quoted work scope. There were additional co sts included in the Hitachi revision (OPP -21-6646263 REV 3). The actual time required to perform scope was greater than the quoted duration. Multiple issues occurred during the execution which extended the duration. In the time frame that Hitachi initia lly quoted the City of Colton the rebuild of the LTC (quoted September 9, 2021) and when final approval and issuing of purchase order for the services (January 11, 2022), the cost of the LTC hardware had risen dramatically from the supplier. The Hitachi service quotation is only valid for 30-days, and the span of time was over 120 days, so a change order for the increase in the cost of parts is required.

The additional scope and cost were required to fully restore Century Substation Transformer No. 2 into the system adding $87,775 to the originally appr oved $165,240 for a total repair cost of $253,015. To this point, a total of $52,250 has been paid

The City Manager declared an emergency existed and authorized the original emergency repairs to Transformer No. 2 without a customary bidding process. On August 24, 2021, in accordance with Colton Municipal Code, Section 3.08.130(a), the City entered into an agreement with Hitachi to perform the emergency repairs. Furthermore, on September 7 th, Council approved and ratified an emergency contract with Hitachi. After initial commencement of work, Hitachi maintenance and repair crews determined that the original scope of work was not sufficient to bring the transformer to a stable and reliable condition. City staff has worked with Hitachi to fully determine that this amended repair agreement is best to provide the path to a stable return to service on Transformer No. 2.

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Staff Report to the Mayor and City Council
Emergency Work Complete - Century Substation
April 5, 2022

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City staff respectfully requests that the City Council terminate the Emergency as stated i n the City’s Municipal code Section 3.08.130(A) and authorize staff to file the notice of completion.

FISCAL IMPACTS

Sufficient appropriations are available for the total contract amount in the FY 2021/22 adopted budget, in Electric Fund, Substation Division, Capital Improvement, Account Number 520-8003- 3890-0107-000.

ALTERNATIVES

1. Provide alternative direction to staff.
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ITEM NO. 12

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TECHNOLOGY (CDT) FOR MICROSOFT 365 ENTERPRISE
LICENSING.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the Microsoft Enterprise Agreement not to exceed $ 312,230.04, waiving the formal bidding process in accordance with Co lton Mu nicipal Code 3.08.140( C), authorize the City Manager to execute the agreements, and authorize contract renewals through the useful life of the proprietary software licensing.

BACKGROUND

As part of supporting citywide operations, the IS Division manages the City’s enterprise level software and servers that host applications for internal services. Microsoft provides the foundational software for many of these platforms including Windows server, desktop operating systems, E xchange email, SQL database architecture and end -user applications such as the Office suite of products (Word, Excel, Outloo k, PowerPoint). These products will now be managed as a subscription service with Microsoft under a m ulti-year enterprise licensing agreement to maintain versioning, product enhancements and security patches. These enterprise agreements are typically 3 -5 year s in duration and are tightly managed by Microsoft utilizing select negotiated cooperative agreements that serve as vehicles for the most competitive pricing Microsoft offers to state and local government agencies.

ISSUES/ANALYSIS

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Staff Report to the Mayor and City Council
Enterprise Licensing Agreement - Microsoft 365
April 5, 2022

Page 2 ends

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 negotiated directly with Microsoft and managed by the California Department of Technology to issue licensing for select products and services to municipal governments statewide. If approved, the City will enter into the agreement in year 2 of the 5-year agreement. Crayon Inc., an approved value -added reseller of Microsoft enterprise projects, serves as the facilitator for this agreement and all payments are m ade 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, hedging against incremental inflationary p rice increases and allowing f or accurate expenditure forecasting. The total projected expense of the proposed multi-year enterprise license agreement, including a 3.5% CDT administrative overhead, are as follows:

Year 1 $66,163.70
Year 2 $72,186.51
Year 3 $83,712.27
Year 4 $90,167.56

The total estimated cost of all current services over the life of the proposed agreement is $312,230.04. Sufficient funding for the first year of the agreement, estimated at $66,163.70 is appropriated in the Fiscal Year 2021-22 budget in Information Se rvices 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 agreements.

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

1. Provide alternate direction

ATTACHMENT

1. Copy of City of Colton - M365 G5 - May 1 Start - Budgetary Quote 030222

2. CA M365 G5 ELA Overview for Local Government
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Customer Quoted by:

City of Colton Crayon Software Experts LLC
Attn: Paul Evans 12221 Merit Drive, Suite 1400
[email protected] Dallas, TX 75251
Susan McDowell
[email protected]
**Budgetary Pricing does not include CDT Fees**
**FromSA pricing available on initial purchase of G5 licenses only; all reservations and adds will receive full USL pricing.**

Pricing for Enterprise Agreement Renewal
Part Number Description Qty Annual Unit Price Extended Amount Pricing and Usage Year 2 - 11 months with 05/01 start (05/01/2022 - 03/27/2023) Enterprise Products - Monthly Subscriptions
AAL-48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 150 350.35$ 52,552.50$ U4S-00002 O365GCCE1 ShrdSvr ALNG SubsVL MVL PerUsr 150 70.84$ 10,626.00$ Additional Products - Monthly Subscriptions
7MS-00001 Project Plan3 GCC Shared All Lng Subs VL MVL Per User 2 249.26$ 498.52$
P3U-00001 VisioPlan2GCC ShrdSvr ALNG SubsVL MVL PerUsr
2 124.63$ 249.26$
Year 2 Total 63,926.28$
Part Number Description Qty Annual Unit Price Extended Amount Pricing and Usage Year 3 - 12 months (03/28/2023 - 03/27/2024) Enterprise Products - Monthly Subscriptions
AAL-48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 150 382.20$ 57,330.00$ U4S-00002 O365GCCE1 ShrdSvr ALNG SubsVL MVL PerUsr 150 77.33$ 11,599.50$ Additional Products - Monthly Subscriptions
7MS-00001 Project Plan3 GCC Shared All Lng Subs VL MVL Per User 2 271.97$ 543.94$
P3U-00001 VisioPlan2GCC ShrdSvr ALNG SubsVL MVL PerUsr
2 135.99$ 271.98$
Year 3 Total 69,745.42$
Part Number Description Qty Annual Unit Price Extended Amount Pricing and Usage Year 4 - 12 months (03/28/2024 - 03/27/2025) Enterprise Products - Monthly Subscriptions
AAL-48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 150 456.44$ 68,466.00$ U4S-00002 O365GCCE1 ShrdSvr ALNG SubsVL MVL PerUsr 150 77.33$ 11,599.50$ Additional Products - Monthly Subscriptions
7MS-00001 Project Plan3 GCC Shared All Lng Subs VL MVL Per User 2 271.97$ 543.94$
P3U-00001 VisioPlan2GCC ShrdSvr ALNG SubsVL MVL PerUsr
2 135.99$ 271.98$
Year 4 Total 80,881.42$
Part Number Description Qty Annual Unit Price Extended Amount Pricing and Usage Year 5 - 12 months (03/28/2025 - 03/31/2026) Enterprise Products - Monthly Subscriptions
AAL-48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 150 498.02$ 74,703.00$ U4S-00002 O365GCCE1 ShrdSvr ALNG SubsVL MVL PerUsr 150 77.33$ 11,599.50$ Additional Products - Monthly Subscriptions
7MS-00001 Project Plan3 GCC Shared All Lng Subs VL MVL Per User 2 271.97$ 543.94$
P3U-00001 VisioPlan2GCC ShrdSvr ALNG SubsVL MVL PerUsr
2 135.99$ 271.98$
Year 5 Total 87,118.42$
Total Years 2-5 301,671.54$
**All items included in this RFQ are new, unused, not refurbished, with original manufacturer warranty.** Remit to Address:

CDT will remit payment

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Attachment: Copy of City of Colton - M365 G5 - May 1 Start - Budgetary Quote 030222 (3570 : Enterprise Licensing Agreement - Microsoft 365) State of CaliforniaValue-Added Microsoft DealAs of March 25, 2021 “Leveraging Collective Power”

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - State’s New Microsoft Deal Objectives
As we pursued a new Microsoft 365 License Deal the State IT Community’s Direction and Objectives were:•Reduce Microsoft 365 license costs by leveraging collective/aggregate purchase power•Provide opportunities to utilize advanced and deeper Office 365 product stack•Provide easy and cost-effective access to MS-professional services and support•Provide opportunities for departments of all sizes to access Microsoft 365 products, services, and support•Explore opportunities for additional value adds2

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Microsoft 365 (M365) GCC E3 vs E5

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Office 365 EnterpriseE3E5Enterprise Mobility & SecurityE3E5Windows 10 EnterpriseE3E5M365 GCC3 Product Suites with 2 level of solutions

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Office 365 Enterprise capabilities
PSTN Conferencing: Worldwide dial-in for your online meetingsCloud PBX/Phone System: Business phone system in the cloud Power BI Pro: Live business analytics and visualization MyAnalytics: Individual and team effectiveness Defender for Office 365 P1: Zero-day threat and malware protectionDefender for Office 365 P2: Actionable insights to global attack threatsAdvanced Compliance:Advanced eDiscovery, Advanced Data Governanceand Customer Lockboxbundled together to provide an intelligent solution to meet compliance needsSECURITYAdvanced Enterprise ProtectionVOICEComplete Cloud CommunicationANALYTICSInsights for Everyone Exchange: Business-class email & CalendarOneDrive: Cloud Storage and file sharingSharePoint: Team sites & internal portalsSkype for Business: Online Meetings, IM, video chatMicrosoft Teams:Chat-based CollaborationYammer: Private social networking Office Pro Plus:Office apps on up to 5 PCs & MacsMobile Office Apps:Office Apps for Tablet & SmartphonesAPPSCloud Productivity & MobilitySERVICESRich Communication and CollaborationOffice 365 E3Office 365 E5 PSTN Calling: Cost effective cloud based dial tone (add-on)

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Enterprise Mobility & Security CapabilitiesMicrosoftIntuneMobile device and app managementto protect corporate apps and data on any device.Managed Mobile ProductivityMicrosoft Cloud App SecurityBring enterprise-grade visibility, control, and protection to your cloud applications.Identity Driven SecurityIdentity and Access ManagementAzure Active Directory Premium P1Secure single sign-on (SSO) to cloud and on-premises apps, MFA, conditional access, and advanced security reportingAzure Active Directory Premium P2Identity and access management with advanced protection for users and privileged identities (AAD Identity Protection, Privileged identity Management)Azure Information Protection Premium P1Encryption for all files and storage locations. Cloud based file trackingInformation ProtectionAzure Information Protection Premium P2Intelligent classification, & encryption for files shared inside & outside your organization EMS E3EMS E5Microsoft Defender for IdentityDetect and investigate advanced attacks (compromised credentials, Pass-the-Ticket/Hash, lateral movement) across on-prem, cloud, and hybrid environments

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Windows 10 Enterprise capabilitiesWindows 10 Enterprise E5Windows 10 Enterprise E3The most trusted platformWindows Information ProtectionPrevent accidental leaks by separating personal and business data (previously Enterprise Data Protection)Windows Hello for BusinessEnterprise grade biometric and companion device loginCredential GuardProtects user access tokens in a hardware-isolated containerAppLockerBlock unwanted and inappropriate apps from runningDevice GuardDevice locked down to only run fully trusted appsMicrosoft Defender Advanced Threat ProtectionBehavior-based, attack detectionBuilt-in threat intelligence Forensic investigation and mitigationBuilt into Windows More personalUser Experience Virtualization(UE-V)OS and app settings synchronized across Windows instancesGranular UX ControlEnterprise control over user experience More productiveAzure Active Directory JoinStreamline IT process by harnessing the power of the cloudMDM enablementManage all of your devices with the simplicity of MDMWindows Store for Business, Private CatalogCreate a curated store experience for employee self-serviceApplication Virtualization(App-V)Simplify app delivery and managementCortana ManagementCreate, personalize, and manage Cortana profiles through Azure Active DirectoryWindows 10 for Industry DevicesTurn any inexpensive, off-the-shelf device, into an embedded, handheld, or kiosk experienceThe most versatile devices

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Microsoft Licensing Opportunity for M365 GCC E5 (G5)

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Statewide Enterprise Licensing Agreement (ELA) Overview •Best M365 GCC E5 (G5) license price in the Nation! Multi-tiered discounts over 5 years –currently at Tier 1Tier 1 = 115,0000 – 199,999 M365 G5 licensesTier 2 = 200,000 or above M365 G5 licenses•Based on the DGS/SLP - Software Cooperative Agreement executed under the Riverside Agreement•"From Software Assurance (SA)" pricing will used for M365 G5 licenses when joining the ELA and any new M365 G5 licenses during Year 1 of ELA. Additional M365 G5 licenses purchased in Years 2-5 will be subject to “net new” pricing but will include ELA discount.•Entities transitioning in Year 1 will receive credit from MS for their current ELA that will be applied to the Statewide ELA•Can enter Statewide ELA in Year 1 at any time or at anniversary or expiration of existing depts stand-alone EA in Years 2-5•Free access to the MS FastTrack Service Center resources and fast access to MS consulting services (brokered by CDT)9

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Statewide ELA Pricing for M365 G5
For comparison purposes, standard Riverside contract pricing:•Annual Base price for M365 G5 from SA is $585.24 ($ 47.88 monthly)Average Discount Offered in Statewide ELA via Crayon Software•Tier 1: 25% off M365 G5 “from SA” pricing•Tier 2: 29% off M365 G5 “from SA” pricingCDT administrative fee to broker/manage this ELA will be 2.71% (reduced from 4.58%). Other fees such as CDT Cost Distribution Fee of 3.5% and Security Operations Center (SOC) charges of approximately 1.3% will apply.10Annual Unit Price (CDT Contracted Rate) Year 1 Year 2 Year 3 Year 4 Year 5Tier 1 M365 G5 (from SA) $ 382.20 $ 399.51 $ 399.51 $ 458.11 $ 501.44Tier 2 M365 G5 (from SA) $ 352.97 $ 382.20 $ 382.20 $ 456.44 $ 498.02Monthly Unit Price (CDT Contracted Rate) Year 1 Year 2 Year 3 Year 4 Year 5Tier 1 M365 G5 (from SA) $ 31.85 $33.29 $ 33.29 $ 38.18 $ 41.79Tier 2 M365 G5 (from SA) $ 29.41 $ 31.85 $ 31.85 $ 38.04 $ 41.50

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Request to Subscribe/Move Licenses to Statewide ELA
•CDT will begin accepting new orders in May for a June 1 start date•Contact your CDT Customer Engagement Account Lead to begin the onboarding steps:Establish a Public Entity Agreement (PEA) – template is availableDefine billing contact and account detailDesignate a Customer Administrator for the CDT IT Services Portal•Once your organization is established to utilize CDT services:Acquire a budgetary quote from MS reseller , Crayon SoŌwareSubmit a case in the CDT IT Services Portal using the VHSS Services catalog item available under the Customer-Software Services category SelectSubscribeand make sure to identify in request details section that request is to subscribe to M365 G5 for a 5-year commitment under consolidated ELAAƩach budgetary quote Identify O365 Global Administrator and provide email and phone11

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Microsoft Support Overview

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Microsoft PowerApps Promotional Offer
13 Quickly build low-code apps to drive business transformation66% discount on PowerApps Licenses purchased in the first yearSKU Item NameSES-00001 PowerAppsperAppPlanGCC ShrdSvr ALNG SubsVL MVLSEL-00001 PowerAppsPlanGCC ShrdSvr ALNG SubsVL MVL PerUsr•Discount applies only to net new licenses•To maintain the discount into subsequent periods, the aggregate quantity of PowerApps licenses must be at least 30,000 30 days prior to Enrollment anniversary•The discount will remain for each period the aggregate total is 30,000 or greater•If the total quantity falls below 30,000, pricing will revert to Level D on the next anniversary

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - FastTrackCenterMicrosoftConsultingUnified Support
ServiceRequestsDepartmentTechnologyEnabled
Risk Identification and MitigationReactive Break fix SupportEducation and TrainingEngineering Best Practice Assistance & Guidance •Microsoft Consulting Services•Fast Track•Unified Support Technology Advisor•Unified Designated Support Engineering•Unified Built in Proactive Services•Unified Proactive Credits/Units Tune & Optimize
Support, Tune, and OptimizeImplementation & MigrationPlanning & Strategy Unified Support Features(Not Included in the Statewide ELA) CDT Service Request
Microsoft Services Accelerated Delivery

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - 15 Microsoft FastTrackFastTrack Services:•A Statewide ELA benefit to help deploy M365 G5 at no additional cost•No Hands-on Keyboard•Adoption experts to help with M365 G5 usage through workshops, documentation, and guidanceDepartments can learn more about FastTrack, the services it provides, and how to engage FastTrack directly, if desired, at the following web site:https://docs.microsoft.com/en-us/fasttrack/introductionAdditional resources for training –Microsoft Learn

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - When To Use Consulting Services•Implementation, Architecture, Integration, and Migration Work•You have resource constraints, skills gap, and/or want Consulting Services to “do it for you” with ‘hands-on keyboard’ architects & consultantsExample Engagements*•Teams Voice Implementations•Security Tools Implementation & Standardization•Mobile Workforce Enablement (identities, remote device management, policies, etc.)•SharePoint, OneDrive, and Teams Migrations* All engagements will attempt to first leverage the State’s Microsoft benefits to ensure paid for services are used only if the included FastTrack benefits don’t meet the need and/or requirement of the agency.Engagement Process•Brokered by CDT for a fee16 Microsoft Consulting Services (MCS)

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - 17 Comprehensive Support that Covers your Entire Organization and Microsoft Product Footprint Throughout The Product Lifecycle Maintain:Tailored Guidance for Security, Configuration, and Operations to keep your solutions healthy•Improve the availability of your key solutions with personalized recommendation from on demand assessment tools & engineer-based guidance•Take actions to improve uptime with expert led reviews of your solution designs and configuration•Protect your digital assists against security and ransomware threats with advance security, identity, application, and device management services•Improve your solution monitoring and management capabilities by leveraging services that help streamline your IT operations processes and toolsOnboard:Remove technical and operational blockers to accelerate solution deployment through standalone services and in partnership with MCS and FastTrack•Deploy solutions with confidence using proven best practice with actionable and deep technical guidance from Microsoft experts•Accelerate solution migration by identifying blockers in advance to ensure on time project start and completion•Drive solution adoption by leveraging industry leading change and adoption management methodologies and tools•Prepare and respond to critical incidents by having the right people and processes in placeOptimize:Improve resiliency, scalability, security, cost, and operations to maximize ROI•Improve solution resiliency and scalability with architecture reviews and remediation services•Keep your solutions secure and compliant by implementing cloud native security features and capabilities•Set cost effective governance for your solution to analyze and optimize your spending and address your organizations cost challenges•Deliver value faster by leveraging services that help you adopt agile development and IT management practices and tools Microsoft Unified Support (not currently available via CDT)

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Microsoft Teams VoIP IntegrationCDT CALNET Service Offering

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - 19 What’s required?•Licenses for Microsoft Teams and Microsoft Phone System–Both included in the M365 G5 bundle•A dialing plan from a telecommunications provider–Microsoft Calling Plans (multiple contractors on CALNET)–Direct Routing (multiple contractors on CALNET)–Ordered by customer via CALNET Form 20 or Purchase Order Microsoft T eams VoIP Integration

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - 20 Microsoft T eams VoIP Integration
Additional CALNET Resources•VoIP Services are in Categories 21, 22, and 29:https://cdt.ca.gov/services/calnet-services/•More information on how to order services through CALNET:https://cdt.ca.gov/services/calnet-services/calnet-ordering/ Features MS Calling Plans Direct RoutingPricing Structure Per Seat•Per Seat•Concurrent CallKeep Existing Number? Yes (Porting Required) Yes (Porting may not be Required)Domestic Minutes 3,000 outbound* UnlimitedRemote Services Fully Featured Fully FeaturedOn-Prem Services Fully Featured Fully FeaturedCALNET Availability Multiple Contractors Multiple Contractors*MS Calling Plans minutes are ordered per user, but pooled for an entire Tenant. Inbound minutes are unlimited.

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Member Question and Answers

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Member Questions – Agreement T ermQuestion AnswerFrom a customer standpoint, does this work the same as the Riverside contract where we have a choice of vendors that can each provide their own prices?No. CDT conducted a full procurement through a Request For Offer (RFO) to leverage the Riverside agreement and awarded the consolidated contract for M365 to Crayon Software Experts, LLC. CDT will facilitate all customers' enrollments through Crayon for the customer's M365 licensing and their online services.What is the maximum amount of time to lock in contract rates once we sign up?The term of this consolidated ELA is a static 5-year (60 months) term: 4/01/2021 - 3/31/2026. Customers who join in after the initial contract effective date will lock in their contract rates and be co-termed through the end of the ELA.Will this agreement replace the Riverside County EA Master Agreement for On-Prem licensing as well as O365?This agreement resides under the Riverside County Master Agreement and is not a replacement. This agreement will include GCC Online Services only, all other perpetual licenses (i.e. Windows Server, SQL Server, etc.) would be procured on a separate Volume Licensing contract. If the remaining perpetual licenses on the current EA do not meet the minimum requirements for an Enterprise Agreement, the licenses would be added/renewed into a Select Plus or MPSA agreement at expiration of your existing contract.Is there a 'year-to-year' option as well as the usual EA 3-year option on this agreement?Unfortunately, there is not. The CDT agreement is a static 5-year term, all participants will expire on the same date, March 31, 2026.22

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Member Questions – ProductsQuestion AnswerWill there be any changes to the Software Assurance (SA) benefits that are offered under the County of Riverside contract? (Problem Resolution Support, eLearning, Home Use Program, Planning Services, Training Vouchers, etc.) What SA benefits do we get?This new enrollment is transacted using the Riverside Master Agreement and there are no changes to what would be offered on a new a stand-alone enrollment leveraging the same Riverside Master Agreement.The same set of SA Benefits would be awarded on a departments stand-alone enrollment as will be offered on this consolidated enrollment assuming the same product mix. Based on an enrollment with M365 G5 Online Services, the SA Benefits that currently align are Home Use Program and 24x7 Problem Resolution Support . Note: There are changes coming in Jan 2023 for Problem Resolution Support Benefit - be on the lookout for more details. Please reference Microsoft Product Terms Site for additional information on SA Benefits https://www.microsoft.com/licensing/terms/productofferingI would like to understand the tenant difference with the M365 License. My current Azure tenant is GCC, and my E365 is GCC serviced by Azure Active Directory Commercial.Microsoft offers GCC (Government Community Cloud) and Commercial (Public Cloud) Office 365 Services. This agreement is for M365 E5 GCC (G5) services only. Note: there are certain services that are not in GCC, for example 1) AADP 2) Microsoft Cloud App Security 3) Yammer reside in Commercial cloud.Can we also add on EMS and is this what we need if we want Intune and Autopilot?Included in M365 G5 suite license.Do we get any training vouchers? Microsoft retired the Training Voucher SA Benefit as of Feb 1, 2021 - going forward training is being offered via Microsoft Learn https://docs.microsoft.com/en-us/learn/ 23

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - Member Questions – PricingQuestion AnswerWill the new State contract provide a better pricing tier for the agencies that use the contract?The CDT Statewide contract offers a better price tier for M365 G5 services. The pricing offered is a ramp discount over 5 years with higher discounts in earlier years and lower in out years.If we are already signed up before this is available is there a simple way to transfer over to the cheaper rate?To join the new agreement, there would be a termination of OLS on your current EA and a new enrollment would be created under the CDT lead enrollment and co-termed to CDT contract term. The CDT enrollment will only cover Online Services. In year 1 of CDT agreement you can opt in to participate at any time, in years 2-5 you can join at the anniversary or expiration of your existing enrollment.Can we get premier support as well? (Or discount pricing) Premier/Unified support is not currently available through CDT.Why is Microsoft so expensive? This new agreement provides best in nation pricing for an expanded stack of products.What are the approximate 'like for like' licenses cost this agreement vs. RivCo EA of last year? (Trying to anticipate general cost increase/decrease)Please reach out to your License Solution Provider (LSP) and Microsoft Account Team for a pricing discussion.24

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement - If interested in learning more, please contactMicrosoft – Brandon [email protected](916) 367-3490CA Department of Technology – Account Leadhttps://cdt.ca.gov/account-lead-lookup/CDT Reseller Crayon [email protected]

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Attachment: CA M365 G5 ELA Overview for Local Government (3570 : Enterprise Licensing Agreement -

ITEM NO. 13

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVE AND ADOPT A RESOLUTION AUTHORIZING THE

DESTRUCTION OF CERTAIN OBSOLETE RECORDS,
RESOLUTION NO. R-26-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Staff recommends that the City Council approve and adopt Resolution No. R-26-22, authorizing the destruction of certain obsolete records.

BACKGROUND

On March 17, 2009, the City Council adopted Resolution R -09-09, establishing the City’s new Records Retention and Destruction Policy. The policy provides the procedure for City staff to allow for destruction of any obsolete City records. These are records, which have met or exceeded the legal retention period and are no longer needed by the City. The procedure requires the City Clerk’s Office to submit a resolution, along with copies of destruction request forms, to the City Council for approval.

ISSUES/ANALYSIS

In a continuing effort to purge files that are no longer needed and in accordance with the City’s policy and procedure for the retention and disposition of records and retention schedule, staff has submitted memorandums to the C ity Clerk’s Office with lists of boxes containing obsolete records to be destroyed, in compliance with the retention policy. The City Clerk’s Office has reviewed the obsolete records described in the requests and has confirmed with the City Attorney that the records meet the requirements of the City’s policy for destruction. Staff has prepared the attached resolution for the City Council’s approval to destroy the obsolete records described in 13 Packet Pg. 291
Staff Report to the Mayor and City Council
Obsolete Records Destruction
April 5, 2022

Page 2 ends

the Document Destruction Proposal List 2022, which are attached a s Exhibit “A” to the Resolution. Many of the obsolete documents staff is requesting to be destroyed are well past the end of their legal retention period.

FISCAL IMPACTS

Sufficient appropriations are available in the FY2021 -22 adopted budget in General Fund City Clerk’s Office Professional Services Account No. 100 -6010-6010-2350-0000-000 for shredding services.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Resolution No. R-26-22

2. Record's Retention Schedule

3. Exibit "A"
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23152.06020\32617662.1

RESOLUTION NO. R-26-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF COLTON AUTHORIZING THE DESTRUCTION OF

CERTAIN OBSOLETE RECORDS

WHEREAS, on March 17, 2009, the City Council adopted Resolution No. R -09-09 which established the City of Colton Record s Retention and Destruction Policy" (“the Policy"); and

WHEREAS, the Policy complies with all requirements of Government Code section 34090 et seq. for destruction of obsolete records; and

WHEREAS, the Policy requires that City staff must receive approva l from the City Council by resolution and written consent from the City Attorney before destroying any obsolete City records; and

WHEREAS, City staff has gathered a number of records which have reached or exceeded the legally required retention period for such records and which are no longer needed by the City; and

WHEREAS, in accordance with the Policy, this Resolution is presented to the City Council for approval to destroy obsolete City records.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1 . T he City records, documents, instruments, books or papers which are generally described and listed in Exhibit A," attached hereto and incorporated herein by reference, have reached or exceeded the legally required retention periods and are no longer required to be retained by the City:

(1) City Clerk Department Records
(2) Customer Service Department Records

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Attachment: Resolution No. R-26-22 (3551 : Obsolete Records Destruction) 1 2
3 4
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23152.06020\32617662.1 - 2 -

(3) Finance Department Records

SECTION 2. In accordance with the Policy and the requirements of Government Code section 34090 et seq., the City Council hereby aut horizes the City Clerk to destroy the above described City records without making a copy thereof.

SECTION 3. The City Attorney's signature on this Resolution constitutes written consent, as required by the Policy and Government Code section 34090, for the destruction of the above described City records.

SECTION 4. This Resolution shall become effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 5th day of April, 2022.

FRANK J. NAVARRO
Mayor

ATTEST:

CAROLINA R. PADILLA
City Clerk

APPROVED AS TO FORM:

_____________________________________
Best Best & Krieger LLP
City Attorney

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3 4
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23 24
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23152.06020\32617662.1 - 3 -

EXHIBIT “A"

Requests for Destruction of Obsolete Records

City Clerk Department Records
Community Service Department Records
Customer Service Department Records
Development Service Department Records
Finance Department Records
Human Resources Department Records
Public Works Department Records

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Attachment: Resolution No. R-26-22 (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California) CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California) CFR Code of Federal Regulations USC United States Code EC Elections Code (California) LC Labor Code (California)

1 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Accident/Illness Reports
Not a public record
For Employee Medical Records & Employee
Exposure Records regarding exposure to toxic
substances or harmful physical agents
--Includes Material Safety Data Sheets (MSDS)
Does NOT include: records of health insurance
claims maintained separate from employer’s
records; first aid records of one-time treatments
for minor injuries; records of employees who
worked less than one (1) year if records are
given to employee upon termination
GC 6254(c)

8 CCR
3204(d)(1)(A)(B)

Length of employment + 30 years
Accidents/Damage to City Property Risk management administration

GC 34090
CCP 337.15

10 years
Accounting Records – General
Ledger General Ledger
GC 34090
CCP 337

Until audited + 4 years

Published articles show 4 – 7
years retention as typical

Sec. of State Guidelines
recommends permanent retention.

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Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

2 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Accounting Records –
- Permanent Books of Accounts
Records showing items of gross income,
receipts and disbursement (including
inventories, per IRS regulations)
26 CFR 1.6001-1(c)
& (e) Permanent
Accounts Payable
Journals, statements, asset inventories, account
postings with supporting documents, vouchers,
investments, invoices and back-up documents,
purchase orders, travel expense
reimbursements, petty cash, postage, PERS
reports, check requests, etc.

CCP 337
26 CFR 31.6001-
1(e)(2); Sec. of State
Local Gov’t. Records
Mgmt. Guidelines
recommendation
Until audited + 4 years
Accounts Receivable
Receipts for deposited checks, coins, currency;
checks received, reports, investments, receipt
books, cash receipts, cash register tapes,
payments for building permits/parking
permits/Transient Occupancy Tax, etc.

CCP 337
26 CFR 31.6001-
1(e)(2); Sec. of State
Local Gov’t. Records
Mgmt. Guidelines
recommendation
Until audited + 4 years
Affidavits of Publication / Posting Legal notices for public hearings, publication of ordinances, etc. GC 34090
Current + 2 years, unless part of a
project or matter that requires
longer retention (i.e., CEQA
documents)
Agency Report of Consultants (FPPC
Form 805)
Identifies consultants hired by the City who
must file Form 700
2 CCR 18734; GC
81009(e) 7 years

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Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

3 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Agency Report – Events and
Ticket/Pass Distribution (FPPC Form
802)
Report of tickets/passes; identifies persons who
received tickets/passes and describes the public
purpose for the distribution
GC 81009(e) 7 years
Agency Report of New Positions
(FPPC Form 804)
Identifies new positions that will make or
participate in making governmental decisions
on behalf of the City
GC 81009(e) 7 years
Agency Report of Public Official
Appointments (FPPC Form 806)
Report of additional compensation received by
agency officials when appointing themselves to
committees, boards or commissions of other
public agencies, special districts, joint powers
agencies or joint powers authorities. Copy of
current report must be posted on the City’s
website.
2 CCR
18702.5(b)(3); GC
81009(e)
Original - 7 years
Agenda / Agenda Packets
City Council, Successor Agency, Commissions
– agendas and packets can be imaged
immediately for retention, if desired.

GC 34090
GC 34090.5 2 years
Agenda reports (staff reports)
Council/Successor Agency/Commissions -
Originals can be imaged immediately for
retention, if desired. The imaged record can
serve as the “original” record, if desired.

GC 34090
GC 34090.5 2 years

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Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

4 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Agreements
(See also Contracts)
Original contracts and agreements and back-up
materials, including leases, license agreements,
service/maintenance contracts, etc.

Original contracts/agreements regarding the
development of real property, design,
specifications, surveying, planning, supervision,
testing, or observation of construction or
improvement to real property; may include
records of retention releases, retention withheld,
change orders, etc.

CCP 337
CCP 337.2
CCP 343

CCP 337.15

4 years after
termination/completion

10 years after
termination/completion

Annexations / Reorganizations Notices, Resolutions, Certificates of Completion GC 34090 Permanent
Annual Financial Report May include independent auditor analysis GC 34090 Until audited + 2 years
Sec. of State Guidelines
recommends while current + 7
years
Applications for Boards,
Commissions Committees Not selected GC 34090 2 years

13.b
Packet Pg. 299
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

5 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Applications for Boards,
Commissions, Committees Selected
GC 34090
Sec. of State
Guidelines
Current + 5 years
Appraisals
For Real Property Owned by City – Not a
public record until real estate transaction is
complete
GC 34090
GC 6254(h) 2 years
Articles of Incorporation GC 34090 Permanent
Assessment Districts Original Documentation GC 34090 Permanent Audit Hearing or Review Documentation created and or received in connection with an audit hearing or review GC 34090 2 years

Audit Reports Financial services; internal and/or external reports
GC 34090
CCP 337
CCP 343

Current + 4 years
Sec. of State Guidelines
recommends permanent retention

Backflow Test Reports Reports of testing and maintenance – water supply 17 CCR § 7605 3 years
Bank Account Reconciliations Bank statements, receipts, certificates of deposit, etc.
26 CFR 31.6001-
1(e)(2)

4 years
(Sec. of State Guidelines –
recommended retention: until
audited + 5 years)

13.b
Packet Pg. 300
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

6 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Behested Payment Report (FPPC
Form 803)
FPPC form used by elected officials to disclose
payments made at their behest ($5,000 or more
from same source) for legislative,
governmental, or charitable purposes.

GC 81009;
82015(b)(2)(B)(iii) 7 years
Bids, Successful Includes plan and specifications;
notices/affidavits.

GC 34090
CCP 337, 337.1 4 years
Bids, Unsuccessful Unsuccessful bid packages only GC 34090 2 years Billing Records Utility bill stubs – submitted with payment GC 34090 Current + 2 years Bonds
Authorization/public hearing
records/prospectus/proposals/certificates/notices
(transcripts)/registers/statements.

CCP 336a, 337.5 Upon cancellation, redemption or
maturity + 10 years
Bonds, Development Housing; Industrial Development CCP 337.5 10 years Bonds, Employee (Fidelity Bonds)
Form of insurance that covers employer (City)
for losses resulting from fraudulent acts of
specified employees
GC 34090 Length of employment + 2 years
Bonds - Final Final bond documentation; monthly statement of transactions; supporting documents
GC 34090
CCP 337.5
Upon cancellation, redemption or
maturity +10 years
Bonds – Paid/Cancelled Paid or cancelled bonds; warrant certificates; interest coupons
GC 34090
GC 53921 2 years

13.b
Packet Pg. 301
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

7 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Bonds, Surety
Documentation created and/or received in
connection with the performance of
work/services for the City, or for parcel maps
and subdivision work
CCP 337 4 years
Bonds – Unsold/Unused Unsold/unused bonds GC 34090
GC 43900 et seq.
2 years (specific requirements for
disposal of unused bonds)
Brochures/
Publications
Informational/promotional documents created
for or by the City GC 34090 2 years
Budget, Annual Annual operating budget approved by City Council
GC 34090

Current + 2 years

Sec. of State Local Gov’t.

Records Mgmt. Guidelines
recommends permanent retention.

Building, Blueprints/ Specifications
Copies submitted by contractors with
application for building permit or Certificate of
Occupancy
GC 34090 Current + 2 years
Building, Certificates Compliance, elevation, occupancy – affecting title to real property or liens on real property GC 34090 Permanent Building, Construction (Approved)
New commercial and residential construction,
tenant improvements, room additions, spas,
signs, block wall, remodel (including security
bonds)
CCP 337.15
GC 34090 10 years

13.b
Packet Pg. 302
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

8 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Building, Inspection Correspondence, fees, appeal requests, reports GC 34090 2 years Building, Permits Permits for buildings; signs; grading; encroachment permits GC 34090 Until completed + 2 years Building Plans
Official copy -- Not to be reproduced until
written permission is obtained from architect of
record and current building owner (Retention
requirement not applicable to buildings
containing a financial institution or public
utility.)
GC 34090
H&S 19850, 19851 For the life of the building
Building, Signs (temporary) Home occupation, off-premise signs GC 34090 2 years Business License Annual Reports Finance GC 34090 2 years Business Licenses/Permits City issued GC 34090 While current plus 2 years Cal-OSHA
Log of work related injuries & illnesses (Form
300), Annual Summary (Form 300A), Incident
reports (Form 301)
LC 6410; 8 CCR
14300.33 5 years
California State Tax Records Forms filed annually; quarterly and year-end reports
R&TC 19530
R&TC 19704 6 years
Campaign Statements - Mayor, City
Council - elected (originals)
Original statements of elected candidates and
committees supporting elected candidates for
Mayor, City Council
GC 81009(b)
GC 81009(g)
Permanent (can image after 2
years)

13.b
Packet Pg. 303
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

9 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Campaign Statements - candidates
for Mayor, City Council - not elected
(originals)
Original statements of candidates and
supporting committees for candidates not
elected for Mayor, City Council
GC 81009(b)
GC 81009(g) 5 years (can image after 2 years)
Campaign Statements for other than
Mayor, City Council; other campaign
reports (originals)
Original statements of all other persons and
committees; other original reports and
statements
GC 81009(c), (e)
GC 81009(g) 7 years (can image after 2 years)
Campaign Statements/Reports --
Copies
Copies of reports/statements (if filing officer is
not required to keep more than one copy)
GC 81009(f)
GC 81009(g) 4 years (can image after 2 years)
Certificates of Compliance Building department documents GC 34090 2 years Checks (City-issued)
Includes payroll checks; canceled or voided
checks; copies of checks; electronic versions of
checks
GC 34090
CCP 337
26 CFR 31.6001-
1(e)(2)
Until audited +4 years
(Sec. of State Guidelines –
recommended retention: until
audited + 5 years)
Citizen Feedback General correspondence. GC 34090 2 years Claims Against the City Government Claims Act – Claims paid or denied GC 34090 Until settled + 2 years

13.b
Packet Pg. 304
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

10 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Code Enforcement,
Case files (see Nuisance Abatement)
Building, housing and mobile home code
violation records including inspections; public
nuisance rubbish and weed abatement, citations
[records on vehicle abatement/abandoned
vehicles are generally Police Records]
GC 34090 Until closed + 2 years
Code Enforcement,
Liens & Releases

Utilities, abatement, licenses GC 34090

Current + 2 years
Keep recorded liens until lien is
paid/satisfied
Code Enforcement - Logs Documentation of investigations and follow-up GC 34090 Current + 2 years Code Enforcement
Regulations
Other than regulations in City’s Municipal
Code GC 34090 2 years
Code Enforcement
Reports, Federal and State Code enforcement statistics GC 34090 Current + 2 years Collective Bargaining Agreements Memoranda of Understanding (MOUs) with employee unions; represented employee groups 29 CFR 516.5(b) Current + 3 years Community Surveys Review final survey reports for historic significance GC 34090 2 years
Complaints - Miscellaneous
Miscellaneous complaints, non-code
enforcement, not related to specific lawsuits
involving the City and not otherwise
specifically covered by the Retention Schedule.

GC 34090 2 years

13.b
Packet Pg. 305
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

11 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Comprehensive Annual Financial
Reports (CAFR) Finance GC 34090
CCP 337 Until audited + 4 years
Conflict of Interest Code
Conflict of Interest Code – required under
Political Reform Act; must be reviewed by July
1st of every even-numbered year and amended
if necessary
GC 87300 et seq. Permanent
Contracts, City (see also
Agreements)
Original contracts and agreements and back-up
materials, including leases, license agreements,
service/maintenance contracts, etc.

CCP 337
CCP 337.2
CCP 343

CCP 337.15

4 years after termination/
completion

10 years after
termination/completion

Correspondence
General correspondence regarding City
business, including but not limited to letters,
email, and text messages; Posts/comments on
City-owned social media accounts.

GC 34090 2 years

13.b
Packet Pg. 306
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

12 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Credit Cards, City-owned
Credit card bills or statements and related
receipts.

Other records related to use of City-owned
credit cards (policies, correspondence, etc.)
26 CFR 31.6001-
1(e)(2)

GC 34090
Until audited + 4 years

Current + 2 years
Deeds, Real Property (Grant Deeds) File with recorded documents; originals may not be destroyed. GC 34090 Permanent
Deferred Compensation Reports Finance - pension/retirement funds 29 CFR 516.5 29 CFR 1627.3 3 years
Demographic/
Statistical Data GC 34090 Current + 2 years
Development Agreements
Agreements for development of real property;
Development and Disposition Agreements
(DDAs); May include infrastructure contracts
(i.e., architects, treatment plants, utility lines,
etc.), franchises, etc.

CCP 337, 337.1,
CCP 337.15
GC 34090
48 CFR 4.703
Permanent
(Sec. of State Guidelines
recommends retaining paper
original for minimum 7 years)
Development Conditions Mitigation measures; filed with project files GC 34090 For the life of the project Development, General Subject Files Internal working files including correspondence GC 34090 2 years Development, Incident Files Emergency Call Outs GC 34090 2 years

13.b
Packet Pg. 307
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

13 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Development Logs
Logs, registers or similar records listing
permits, certificates of occupancy issued, may
include inspection, building activity, daily, plan
check, utility
GC 34090(a)
GC 4003, GC 4004
H&S 19850 - 19853
5 years
Development, Photographs Aerial Photographs GC 30490 Current + 2 years Development, Projects- Not
completed or denied Building, engineering, planning GC 34090 2 years Development, Reports Activity, Periodic GC 34090 2 years Development, Seismic Retrofit
Program Includes Certificates of Compliance GC 34090
H&S 19850
For the life of the building;
Sec.of State Guidelines
recommends permanent retention
Development Standards
Includes standards for landscaping medians,
parkway landscape development, public works
construction
GC 34090
Sec. of State
Guidelines
Permanent
Development, Street Names and
House Numbers
Includes street dedications, street
vacations/closings, address assignment/changes
GC 34090
Sec. of State
Guidelines
Permanent
Development, Studies, Special
Projects & Areas Engineering, joint powers, noise, transportation GC 34090 2 years Development, Surveys Recording data and maps GC 34090 Permanent

13.b
Packet Pg. 308
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

14 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

DMV Drivers’ Records Reports
(DMV Pull-Notice System)
Motor Vehicle Pulls; Personnel record – not a
public record
GC 34090
GC 6254(c)
VC 1808.1(c)
Until superseded (should receive
new report every 12 months)
Drawings, Project Plan Does not include those usually filed with case or project. GC 34090 2 years
Easements, Real Property File with recorded documents; originals may not be destroyed. GC 34090 Permanent
Economic Development Projects Administrative records/Staff reports/Project files GC 34090 2 years
EEOC Records
(Equal Employment Opportunity
Commission)
Records, reports showing compliance with
federal equal employment requirements (EEO-4
Reports, etc.) 29 CFR 1602.30 3 years
Election - Administrative Documents Not ballot cards or absentee voter lists/applications. GC 34090 2 years
Election – Affidavit Index Voter registration index
EC 17001 5 years

13.b
Packet Pg. 309
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

15 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Election - Ballots and Related
Documents
STATE & LOCAL ELECTIONS: All ballot
cards (voted, spoiled, canceled) arranged by
precinct, unused absentee ballots, ballot
receipts, absent voter identification envelopes,
absentee voter applications. May be destroyed
subject to any pending contest.

EC 17302, 17306,
17505 6 months
Election - Ballots and identification
envelopes – Federal offices
For elections to Federal office (President, Vice
President, US Senator, US Representative) EC 17301 22 months Election - Ballots - Prop. 218
(Assessment Districts)
Ballots - Property related fees (Assessment
Ballot proceeding)
[Ballots are disclosable public records during
and after tabulation]
GC 53753(e)(2) 2 years
Election - Canvass
Notifications and Publication of Election
Records used to compile final election results,
including tally sheets, voting machine
tabulation, detailed breakdown of results;
special election results
EC 17304 6 months
Election - Election Official’s
Package of Documents
Package of 2 tally sheets, copy of index,
challenge lists, assisted voters list.

Public record - all voters may inspect after
commencement of official canvass of voters
EC 17304 6 months

13.b
Packet Pg. 310
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

16 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Election - Nomination Documents -
successful
All nomination documents and signatures in
lieu of filing petitions EC 17100 Until term expires + 4 years Election - Nomination Documents -
unsuccessful GC 81009(b) 5 years
Election Petitions -
Initiative/Recall/Referendum;
Charter Amendments
Not a public record - documents resulting in an
election - retention is from election
certification.

EC 17200, 17400
GC 6253.5;
EC 17400;
GC 34458-60
8 months
Election Petitions - No election Not a public record. Not resulting in an election. Retention is from final examination.

EC 17200, 17400
GC 6253.5 8 months
Election - Precinct Records
From date of election: Precinct official
material; declaration of intention; precinct
board member applications; orders appointing
members of precinct boards and designating
polling places includes notice of appointment of
office and record of service
EC 17503 5 months
Election - Roster of Voters
From date of election; initiative; referendum
recall; general municipal election; Charter
Amendments
EC 17300 5 years
Election - Voter Affidavits Affidavits of registration retained by the elections official EC 17000 5 years

13.b
Packet Pg. 311
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

17 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Employee Benefits
Benefit plans (including “cafeteria” and other
plans); health insurance programs; records
regarding COBRA – extension of benefits for
separated employees, insurance policies (health,
vision, dental, deferred compensation, etc.)
29 USC 1027
28 CCR 1300.85.1
11 CCR 560
29 CFR 1627.3(b)(2)
For life of plan/policy + 6 years
Employee Bonds (Fidelity)
Form of insurance that covers employer (City)
for losses resulting from fraudulent acts of
specified employees
GC 34090 While current + 2 years
Employee Files Personnel files --Not a public record.

GC 12946
GC 6254(c)
29 CFR 1627.3
While current + 3 years
Employee Information, General Name, address, date of birth, occupation, rate of pay and weekly compensation earned
GC 12946
29 CFR 1627.3
LC 1174
3 years
Employee Information - CEIR
Personnel--California Employer Information
Report
(for employers of 100 or more employees)
2 CCR 11013 (c)(1)
GC 12946 Received + 2 years
Employee Information - Applicant
Identification Records
Personnel--Data regarding race, gender,
national origin of applicants 2 CCR 11013 (c)(2) Received + 2 years

13.b
Packet Pg. 312
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

18 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Employee, Medical & Exposure
Records (toxic substances or harmful
physical agents)
Medical records are part of personnel file --not
a public record.

Includes medical records made or maintained
by a physician, nurse, or other health care
personnel, or technician pertaining to
employees exposed to toxic substances or
harmful physical agents.

Does not include first-aid records of one-time
treatment made on-site by a non-physician or
observation of minor scratches, cuts, burns,
splinters, etc., which do not involve medical
treatment, loss of consciousness, restriction of
work or motion, or transfer to another job.

(For employees of less than 1 year, no need to
retain medical records regarding exposure to
toxic substances/harmful physical agents if they
are returned to employee upon termination)

GC 6254(c)

29 CFR
1910.1020(d)(1)(i)(ii)
8 CCR 3204
(d)(1)(A)(B)

Length of employment + 30 years

13.b
Packet Pg. 313
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

19 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Employee, Medical Records
(routine)
Maintained separate from other medical records
-- Health insurance claims; Records of one-time
first aid treatment for minor injuries (burns,
splinters, etc), not involving medical treatment,
loss of consciousness, restriction of work or
motion, or transfer to another job, if made on-
site by a non-physician
GC 12946, 34090
29 CFR 1627.3 Length of employment + 3 years
Employee, Noise Exposure Noise exposure measurement records Employee audiometric test records
8 CCR 5100
8 CCR 5100
Current + 2 years
Length of employment
Employee, Non-safety
Non-safety employee records may include
release authorizations; certifications;
reassignments; outside employment;
commendations, disciplinary actions;
terminations; oaths of office; pre-employment
medical evaluations; fingerprints; identification
cards (ID’s)
29 CFR 1627.3
LC 1174
GC 12946
GC 34090

Length of employment + 3 years
Employee Programs May include Employee Assistance Program (EAP), Employee Recognition program, etc.

GC 34090
GC 12946 2 years
Employee, Recruitment
Alternate lists/logs, ethnicity disclosures,
examination materials, examination answer
sheets, job bulletins
GC 12946
GC 34090
29 CFR 1602.31
29 CFR 1627.3
2 years

13.b
Packet Pg. 314
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

20 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Employee, Reports Employee statistics, benefit activity, liability loss GC 34090 2 years

Employee, Safety
Police department employees (except for peace
officers), fire, emergency employees-- records
may include release authorizations;
certifications; reassignments; outside
employment; commendations; disciplinary
actions; terminations; oaths of office; pre-
employment medical evaluations

Peace officer personnel records

29 CFR 1627.3
29 CFR 1602.31
29 CFR 516.6 et. seq.

LC 1174
GC 34090
GC 12946

Op.Atty.Gen. No. 99-
1111 [May 2, 2000]

Length of employment + 3 years

Length of employment + 5 years

Employment Agreements – At-Will
Employees; Temporary Employees
Original agreements/contracts for at-will
employees or temporary employees
CCP 337
CCP 343 Length of employment + 4 years
Employment Applications - Not
Hired
Applications submitted for existing or
anticipated job openings, including any records
pertaining to failure or refusal to hire applicant
GC 34090
GC 12946
29 CFR
1627.3(b)(1)(i)
2 years
Employment Eligibility Verification
(I-9 Forms)
Federal Immigration and Nationality Act;
Immigration Reform/Control Act 1986
8 USC 1324a (b)(3)
Pub. Law 99-603
3 years after date of hire, or 1 year
after date of termination,
whichever is later

13.b
Packet Pg. 315
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

21 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Employment - Public Safety
certifications Certification/designations GC 34090 Length of employment + 2 years Employment - Surveys and Studies Includes classification, wage rates GC 12946
GC 34090
29 CFR 516.6
2 years
Employment - Training Records,
Non-Safety
Paperwork documenting internal and external
training for non-safety employees; includes any
volunteer program training - class training
materials, internships
GC 34090
GC 12946 Length of employment + 2 years
Employment - Vehicle Mileage
Reimbursement Rates Annual mileage reimbursement rates GC 34090 Until superseded + 2 years Engineering
Capital Improvement Projects
Supporting documentation including bidders
list, specifications, reports, plans, work orders,
schedules, etc.

GC 34090, CCP
337.15 Project completion + 10 years
Engineering
Construction Tracking,
Daily
Daily/weekly logs; daily/weekly reports, etc. CCP 337.15 Project completion + 10 years Engineering
Drawings, Traffic
Control Plan
Signs, signing and striping, road construction GC 34090 Permanent Engineering
Flood Control Storm Drains GC 34090 Permanent

13.b
Packet Pg. 316
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

22 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Engineering
Special Districts
Supporting documents regarding improvement
districts, lighting districts, underground utility
districts, etc.

GC 34090 Permanent
Engineering
Street/Alley (Abandonment/
Vacation)
Relinquishment of rights and fee title GC 34090 Permanent Engineering
Traffic Signals Counts, collisions, accidents GC 34090 Completion + 2 years Enterprise Systems Catalog
Catalog of software applications, computer
systems used by the City. Due 7/1/2016, per
Senate Bill 272 (2015 Statutes).

GC 6270.5 (Eff.
7/1/2016)
Must be completed by 7/1/2016,
posted on City website and
updated annually
Environmental Quality
Air Quality (AQMD)

Participants/voucher logs, Total Daily Mileage
Survey (TDM); various local authorities;
Commute Alternative
CCP 338(k);
GC 34090 3 years
Environmental Quality
Asbestos
Documents, abatement projects, public
buildings GC 34090 Permanent

13.b
Packet Pg. 317
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

23 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Environmental Quality
California Environmental Quality
Act (CEQA)
Exemptions, Environmental Impact Report,
Mitigation monitoring, negative declaration,
notices of completion and determination,
comments, statements of overriding
considerations
GC 34090; Sec. of
State Local Gov’t
Records Mgmt.

Guidelines; CEQA
Guidelines; Golden
Door Properties, LLC
v. Superior Court
(2020) 53
Cal.App.5th 733;
PRC 21167.6
Permanent

Drafts released to the public for
review must be kept 2 years
Environmental Quality
Congestion Management Ride sharing, trip management GC 34090 Completion + 2 years Environmental Quality
Environmental Review
Correspondence, consultants, issues,
conservation GC 34090 Completion + 2 years
Environmental Quality
Pest Control
Pesticide applications, inspections and
sampling, documents GC 34090 Completion + 2 years
Environmental Quality
Soil Analysis, construction recommendations GC 34090 Completion + 2 years Environmental Quality
Soil Reports Final Reports GC 34090 Permanent

13.b
Packet Pg. 318
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

24 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

ERISA Records
(Employee Retirement Security Act)
Employee Retirement Income Security Act of
1974
- Plan reports, certified information filed;
records of benefits due
29 USC 1027
29 USC 1059
6 years

Ethics Training Records (AB 1234;
effective 1/1/06)
Records required to be kept under Gov. Code
section 53235.2. Records must show dates that
local officials satisfied the training requirements
and the entity that provided the training
GC 53235.2 5 years after receipt of training
Events Planning, Community Review for historic significance GC 34090 2 years Family and Medical Leave Act
(federal)
Records of leave taken, City policies relating to
leave, notices, communications relating to
taking leave
29 CFR 825.500
GC 12946
3 years (federal)
2 years (State)

Federal Tax Records May include Forms 1095-C, 1096, 1099, W-4 and W-2
26 CFR 31.6001-1(e)
29 CFR 516.5-516.6 Current + 4 years
Fee Schedules/Studies Considered by the City Council GC 34090 2 years Fire Protection District
Administration Administrative documents. GC 34090 2 years

13.b
Packet Pg. 319
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

25 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Fire Safety
Administration

General orders, policies & procedures GC 34090 Until superseded + 2 years Fixed Assets
Inventory

Reflects purchase date, cost, account number GC 34090 Until audited + 2 years Fixed Assets
Surplus Property

Auction; disposal –
Listing of property; sealed bid sales of
equipment

GC 34090
CCP 337 Until audited + 4 years
Fixed Assets
Vehicle Ownership & Title Title transfers when vehicle is sold. VC 9900 et. seq. Until sold Flood Plain Maps FEMA - not a City record, for information only. Until Superseded Forms Administrative - blank Until Superseded
Fund Transfers Internal; bank transfers & wires GC 34090 Until audited + 2 years

13.b
Packet Pg. 320
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

26 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

General Ledgers All annual financial summaries--all agencies GC 34090 CCP 337
Until audited + 4 years

Published articles show 4 – 7
years retention as typical

Sec. of State Guidelines
recommends permanent retention
General Plan . GC 34090 Permanent
General Plan Amendments GC 34090 Permanent
Gift to Agency Report
(FPPC Form 801)
FPPC form showing payment or donation made
to the City or to a City official and which can be
accepted as being made to the City
2 CCR
18944(c)(3)(F), (G);
FPPC Fact Sheet :
“Gifts to an Agency
– Part 2”
Originals – 7 years;
Copy must be posted on City
website
Gifts/Bequests Finance - to the City (kept with cash receipts) GC 34090 2 years Grading Permits GC 34090 Until completed + 2 years
Grading Variances GC 34090 Until completed + 2 years

13.b
Packet Pg. 321
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

27 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Grants
Community Development Block
Grant (CDBG); Urban Development;
other Federal and State grants
Grant documents and all supporting documents:
applications, reports, contracts, project files,
proposals, statements, sub-recipient dockets,
environmental review, inventory, consolidated
plan, etc.

GC 34090
24 CFR 570.502
24 CFR 85.42
Until completed + 4 years
Grants - Unsuccessful Applications not entitled GC 34090 2 years Hazardous Materials &
Hazardous Waste Disposal Records
Examples of hazardous materials/hazardous
waste: medical waste; used oil; pesticides
H&S 117945
H&S 118165
22 CCR 66279.91
3 CCR 6624(g)
3 years
Hazardous Materials -
Permits, Hazardous Materials
Storage
GC 34090
While current + 2 years
[Permanent retention of
documents regarding
environmentally sensitive
materials is recommended]
Hazardous Materials -
Programs, Household Hazardous
Waste
Documents regarding federal, State or local
programs on disposal of household hazardous
waste
GC 34090 Until superseded + 2 years
Hazardous Materials -
Exposure Records, etc.

Employee exposure records; name/identity of
chemical substance used; when & where
chemical substance was used
8 CCR 3204(d) et.
seq. Length of employment + 30 years

13.b
Packet Pg. 322
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

28 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Hazardous Materials -
Underground Storage Tank
Compliance
Documents regarding: storage, location,
installation, removal, remediation GC 34090 Permanent
Hazardous Materials -
Underground Storage Tank
Maintenance and Repair
Documents regarding: repairs, lining and
upgrades
23 CCR 2660(j),
2712 For the life of the tank
Historic Preservation Inventory Records of historic landmarks, including historic register GC 34090 Current + 2 years
Home Occupation Permits Business license related GC 34090 Current + 2 years Housing Programs Planning/
Successor Agency files. GC 34090 Current + 2 years
Housing Programs
Examples: First-Time Home Buyer Program,
Mobile Home Rehabilitation and Replacement
Program, CDBG Housing Program, CalHome
Program, Low/Moderate Housing programs,
Rental Housing Assistance, etc.
24 CFR 570.502
24 CFR 85.42 4 years
Insurance Personnel related GC 34090 While current, + 2 years Insurance, Joint Powers Agreement Accreditation, MOU, agreements and agendas GC 34090 Current + 2 years Insurance Certificates, City
Liability, performance bonds, employee bonds,
property; Insurance certificates filed separately
from contracts, includes insurance filed by
licensees.

GC 34090 While current + 2 years

13.b
Packet Pg. 323
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

29 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Insurance, Liability/Property May include liability, property, Certificates of Participation, deferred, use of facilities GC 34090 While current + 2 years Insurance, Risk Management Reports Federal OSHA Forms; Loss Analysis Report; Safety Reports; Actuarial Studies
29 CFR 1904.44
GC 34090
5 years (Federal)
2 years (State)
Investment Reports, Transactions Summary of transactions, inventory and earnings report
GC 34090
CCP 337 Until audited + 4 years
Invoices Invoices from vendors and back-up documents
CCP 337
26 CFR 31.6001-
1(e)(2); Sec. of State
Local Gov’t Records
Mgmt. Guidelines
recommendation

Until audited + 4 years
Job Descriptions
Descriptions of duties, qualifications,
responsibilities for each
position/classification/job title
29 CFR 1627.3 While current + 3 years
Labor Organizations
Records of payments, loans, promises or
agreements by City to any labor organization or
representative of same
29 USC 436 5 years
Land Use and Development Code GC 34090 Until superseded

13.b
Packet Pg. 324
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

30 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Lease Agreement Property or equipment
CCP 337
CCP 337.2
CCP 343
Until terminated + 4 years
Legal Notices / Affidavits of
Publication or Posting
Examples: Notices of public hearings, notices
of liens, etc. Also proof of publication of
notice, or proof of posting of notice
GC 34090
Current + 2 years, unless part of a
project or matter that requires
longer retention (i.e., CEQA
documents)
Legal Opinions Confidential – not for public disclosure (attorney-client privilege) GC 34090 Until superseded + 2 years Licenses/Permits – Special (Events;
Solicitation)
This category DOES NOT include business
licenses/permits GC 34090 Current + 2 years
Litigation Case files GC 34090 Until settled + 2 years
Lobbying or Lobbyist Forms (FPPC
forms)
FPPC Form 602 – Lobbying Firm Activity
Authorization; FPPC Form 635 – Report of
Lobbyist Employer & Report of Lobbying
Coalition – forms used when employing or
contracting with a lobbying firm
FPPC Reg. 18615(d) 5 years
Local Appointments List
(“Maddy List”)
List of all regular and ongoing boards,
commissions, and committees appointed by the
City Council – pursuant to the Maddy Local
Appointive List Act
GC 54970, et seq.

GC 34090
Until superseded (new list
prepared each Dec. 31st)

13.b
Packet Pg. 325
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

31 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Lot Line Adjustments Land use - case files. GC 34090 Permanent Maintenance Manuals Equipment service/maintenance GC 34090 Until superseded Maintenance/Repair Records Equipment GC 34090 2 years
Maps & Plats
Engineering & field notes and profiles; cross
section of roads, streets, right-of-way, bridges;
may include annexations, parks, tracts, block,
storm drains, water easements, bench marks,
trees, grading, landfill, fire hydrants, base maps,
etc.

GC 34090 Permanent
Marketing, Promotional Brochures, announcements, etc. GC 34090 2 years Master Plans, Annual
Special or long range program plan for
municipalities – coordination of services;
strategic planning
GC 34090 2 years
Materials Board, Renderings Boards
& Photographs Planning/Engineering GC 34090 2 years
Memoranda of Understanding
(MOU)
Personnel related; agreements with employee
bargaining units resulting from negotiations
GC 34090;
29 USC 211(c)
29 CFR 516.5
Sec. of State Local
Gov’t. Records
Mgmt. Guidelines
Current + 3 years

Sec. of State recommends
permanent retention

13.b
Packet Pg. 326
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

32 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Minutes Council/Successor Agency/Commissions. GC 34090(e) Permanent Municipal Code GC 34090 Permanent
Municipal Facilities
Construction
Contains records of plans, design, construction,
conversion or modification of local
government-owned facilities, structures and
systems
GC 34090
H&S 19850

For the life of the building
Municipal Facilities
Facility Rentals; Use
Permits, contracts, diagrams, schedules,
insurance binders GC 34090 Current + 2 years
Municipal Facilities
Maintenance and Operations
Service requests, invoices supporting
documentation, buildings, equipment, field
engineering, public facilities including work
orders and graffiti removal
GC 34090 2 years
Neighborhood Planning Area and neighborhood Planning case records. GC 34090 Until Completed Newsletter, City May wish to retain permanently for historic reference. GC 34090 2 years
Notices – Public Meetings Special Meetings GC 34090 2 years NPDES Permits – sewage/sludge
National Pollutant Discharge Elimination
System (NPDES) – permit – sewage sludge use
and disposal – monitoring records
40 CFR 503.17 5 years

13.b
Packet Pg. 327
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

33 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

NPDES Permits -
NPDES permit - monitoring information,
including calibration and maintenance records,
original strip chart recordings, required reports
and all data used to complete the permit
application
40 CFR 122.41 3 years
Nuisance Abatement
Includes citations (not police), nuisance
abatement, and liens resulting from nuisance
abatement.

GC 34090 Until settled + two years
Oaths of Office Elected and public officials (i.e., Council members; commissioners; etc.)
GC 34090
29 USC 1113
Sec. of State
Guidelines
Current plus 6 years
Offers of Dedication GC 34090 Until Completed
Ordinances Ordinances adopted by City Council GC 34090(e) Permanent OSHA
OSHA 300 Log, privacy case list, OSHA 300A
annual summary, OSHA 301 incident report
forms
LC 6410; 8 CCR
14300.33
29 CFR 1904.33
5 years
OSHA (Accident/Illness Reports)
Personnel - Employee Exposure Records &
Employee Medical Records regarding exposure
to toxic substances;
Exempt from public disclosure
LC 6410; 8 CCR
14300.33; 8 CCR
3204(d)(1)(A); GC
6254(c)
Duration of employment plus 30
years
Paramedic Services Documents other than original contracts. GC 34090 2 years

13.b
Packet Pg. 328
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

34 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Parcel Map Waivers Land use - planning case files GC 34090 Permanent Parcel Maps Land use - planning/engineering case files GC 34090 Permanent Parking Citations Includes administrative parking citations and appeals GC 34090 Until settled/adjudicated + 2 years
Parking Studies Engineering GC 34090 2 years
Payroll - Federal/State Reports Annual W-2's, W-4’s, Form 1099s, etc.; quarterly and year-end reports
29 USC 436
26 CFR 31.6001-4
R&TC 19530
R&TC 19704
26 USC 6001
26 CFR
301.6501(a)-1
26 CFR 31.6001-1(e)
29 CFR 516.5 –
516.6
6 years
Payroll Deduction/
Authorizations Finance 29 CFR 516.6(c) While Current + 2 years Payroll records (employee
information)
Records showing employee information/data –
names, addresses, etc.; hours worked; regular
and overtime wages, etc.
29 CFR 516.5
LC 1174(d), 1197.5

Length of employment + 3 years

13.b
Packet Pg. 329
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

35 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Payroll, registers
Finance
Labor costs by employee & program

29 CFR 516.5(a)
LC 1174(d)

3 years

(Sec. of State Guidelines –
recommended permanent
retention)

Payroll, time cards/sheets Employee 29 CFR 516.6(a)(1)
LC 1174(d)
2 years
(Sec. of State guidelines –
recommends retention: until
audited + 6 years)
Payroll - Wage Rates / Job
Classifications
Employee records

LC 1197.5(d)
LC 1174(d)
GC 34090
GC 12946
29 CFR 516.6
29 CFR 1602.4
29 CFR 1627.3
While current + 3 years
Permits, Construction
Other than building permits - For signs,
grading, encroachment, including copies of
blueprints and specifications
GC 34090
Until completed + 2 years

13.b
Packet Pg. 330
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

36 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Permits, Other
Alterations, encroachment, excavations, road,
street sidewalks & curb alterations,
transportation, swimming pool drainage,
temporary uses, etc.

GC 34090 Until completed + 2 years
PERS - Employee Benefits
Retirement Plan – annual reports required to be
filed under ERISA

PERS Employee Benefit Plan – original
document, or copies
29 USC 1027

29 CFR 1627.3(b)(2)
GC 34090
6 years

Current + 2 years
Personnel Policies -- Rules and
Regulations
Including employee handbooks, employee
manuals, and other policies/procedures
29 CFR 516.6
29 CFR 1627.3(a) Current + 3 years
Personnel Records
Payroll or other records containing name,
address, date of birth, occupation, rate of pay,
etc., including records relating to promotion,
demotion, transfer, lay-off, termination
29 CFR 1627.3 3 years
Petitions Submitted to legislative bodies GC 34090 Current + 2 years

13.b
Packet Pg. 331
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

37 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Planning Case Files Zone Change, Conditional Use Permits, Variances, etc.

GC 34090; Sec. of
State Local Gov’t
Records Mgmt.

Guidelines; CEQA
Guidelines; Golden
Door Properties, LLC
v. Superior Court
(2020) 53
Cal.App.5th 733;
PRC 21167.6
Permanent
Planning Commissioners Applications and other documents relating to commissioners.

GC 34090
Sec. of State
Guidelines
Term of office + 5 years
Police -
Administration
Investigations
Administrative/Internal
Administrative reviews
Initiated by citizen complaints or internally
initiated; includes complaints, reports, findings,
administrative reviews regarding use of force,
etc.

[Detailed listings of retention periods for police
and other public safety records should be
governed by a separate records retention
schedule.]
PC 832.5
EVC 1045
PC 801.5
Until closed + 5 years

13.b
Packet Pg. 332
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

38 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Policies, Administrative
All policies and procedures, directives rendered
by Council not assigned a resolution or
ordinance number
GC 34090

Until Superseded + 2 years

Policies, Council/
Successor Agency/Commissions
Original policies adopted by the City
Council/Successor Agency/
Commissions.

GC 34090 Until Superseded
Political Support/Opposition,
Requests & Responses Related to legislation. GC 34090 2 years Press Releases City related. GC 34090 2 years
Procedure Manuals Administrative. GC 34090 Until superseded + 2 years Proclamations City issued proclamations GC 34090
2 years; if done by City Council
Resolution, then permanent
retention
Property, Abandonment Buildings, condemnation, demolition GC 34090 Permanent Property Acquisition/
Disposition
City owned. Supporting documents regarding
sale, purchase, exchange, lease or rental of
property by City
CCP 337.15 10 years
Public Records Act Request Requests from the public to inspect or copy public documents GC 34090 2 years
Purchasing
RFQ’s, RFP’s
Requests for Qualifications; Requests for
Proposals regarding goods and services

GC 34090 Current + 2 years

13.b
Packet Pg. 333
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

39 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Purchasing, Requisitions, Purchase
Orders Original Documents GC 34090
CCP 337 Until audited + 4 years
Recordings - audio (e.g., for
preparation of meeting minutes)
Council/Commission/
Successor Agency meetings -- audio recording
“made for whatever purpose by or at the
direction of the local agency”
GC 34090;
54953.5(b)

Minimum 30 days
Recordings - routine video
monitoring, telephone, and radio
communications
Routine daily recording of telephone & radio
communications; routine video monitoring
including in-car video systems, jail
observation/monitoring systems, building
security systems. [Includes automated license
plate reader (ALPR) video recordings/data]
GC 34090, 34090.6
Videos - 1 year; Phone & Radio
communications - 100 days
(destruction must be approved by
City Council & City Attorney)
Recordings, video or digitally
recorded – meetings of legislative
bodies
Videos or digital recordings of public meetings
made by or at the direction of the city (e.g.,
Council/Commission/Successor Agency
meetings)
GC 54953.5(b) Minimum 30 days
Recordings, video or digitally
recorded (Duplicate – see
Description or Example of Record)
Other than videos or digital recordings of public
meetings; Considered duplicate records if
another record of the same event is kept (i.e.,
written minutes)
GC 34090, 34090.7
85 Ops. Cal. Atty.

Gen. 256 (2002)
Minimum 90 days after event is
recorded
Records Management Disposition
Certification Documentation of final disposition of records GC 34090 Permanent

13.b
Packet Pg. 334
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

40 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Records Retention Schedules GC 34090 Current + 2 years Recruitments and Selection Records relating to hiring, promotion, selection for training 29 CFR 1627.3 3 years
Refuse Collection General administrative records GC 34090 2 years Registration Forms Human Services Recreation Programs GC 34090 2 years Release Forms/Waivers Human Services Recreation Programs GC 34090 2 years Resolutions Resolutions adopted by the City Council and City Commissions GC 34090(e) Permanent
Returned Checks Finance-NSF (not City checks) GC 34090 2 years after audit Salary/Compensation Studies,
Surveys
Studies or surveys of other agencies regarding
wages, salaries and other compensation or
benefits
GC 34090 While current + 2 years
Settlement Agreements
Final, signed/approved settlement agreements
for litigation matters, claims, citations, etc.

For Workers Compensation claims – final,
signed/approved settlement agreements
GC 34090

8 CCR 10102
8 CCR 15400.2
2 years after signed/approved

5 years after signed/approved

Sewer Construction/
Improvement/
Maintenance
Administrative records. GC 34090 2 years

13.b
Packet Pg. 335
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

41 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Speed Surveys Engineering GC 34090 Until superseded plus 2 years State Controller Annual reports. GC 34090 2 years
Statements of Economic Interest -
Form 700 (copies) (elected officials)
Copies of original statements of elected officials
forwarded to Fair Political Practices
Commission (FPPC)
GC 81009(f), (g) 4 years (can image after 2 years)
Statements of Economic Interest -
Form 700 (originals) (non-elected)
Originals of statements of designated
employees GC 81009(e), (g) 7 years (can image after 2 years) Stop Payments Finance - bank statements GC 34090 2 years Storm Drain Construction/
Improvement/
Maintenance
Administrative records. GC 34090 2 years
Street Construction/
Improvements Administrative records GC 34090 2 years
Street Vacations Offers to dedicate; drainage; access rights, etc. GC 34090 Permanent Studies, Various City GC 34090 While current + 2 years Subpoenas (Subpoena Duces Tecum;
Deposition Subpoena, etc.)
Subpoena served on the City or on a City
employee by a third party (City/Employee is not
a party in the litigation), including copies of any
records produced in response to the subpoena
GC 34090 2 years
Taxes, Special Special tax levied by a local agency on a per parcel basis CCP 338(m) Until audited + 3 years

13.b
Packet Pg. 336
Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

42 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Unemployment Insurance Records Records relating to unemployment insurance – claims, payments, correspondence, etc.
26 USC 3301-3311;
Calif. Unemployment
Insurance Code; CCP
343
While current + 4 years
Utility Services -
Applications
Applications for utility connections,
disconnects, registers, service
GC 34090; Sec. of
State Guidelines
recommendation
Current + 2 years
Utility Services -
Billing Records
Customer name, service address, meter reading,
usage, payments, applications/cancellations
GC 34090; Sec. of
State Guidelines
recommendation
Until audited + 2 years
Utility Services -
Journals, Utility Billing Billing including monthly activity GC 34090; Sec. of
State Guidelines
recommendation
Current + 2 years
Utility Services -
Connection Records Maps, water line connections
GC 34090; Sec. of
State Guidelines
recommendation
Permanent
Utility Services -
Meter Reading; Reports
GC 34090; Sec. of
State Guidelines
recommendation
Current + 2 years
Utility Services -
Utility Rebates, Reports GC 34090 Current + 2 years

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Attachment: Record's Retention Schedule (3551 : Obsolete Records Destruction) 23152.06010\33803775.1

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

43 Updated March 2021

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention

Vouchers - Payments Account postings with supporting documents GC 34090 CCP 337 Until audited + 4 years
Wage Garnishment Wage or salary garnishment CCP 337 Active until garnishment is satisfied; then retain until audited
+ 4 years
Warrant Register/Check Register
Record of checks issued; approved by
legislative body (copy is normally retained as
part of agenda packet information)
GC 34090 Until audited + 2 years
Waste Management Solid Waste – Administrative documents GC 34090 2 years Workers Compensation Files Work-injury claims (including denied claims); claim files, reports, etc.
8 CCR 10102
8 CCR 15400.2 Until settled + 5 years

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ITEM NO. 14

STAFF REPORT

DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: APPROVE AND ADOPT RESOLUTION NO. R-27-22 TO
AUTHORIZE THE PURCHASE OF A 2023 KME TRACTOR DRAWN

AERIAL LADDER TRUCK FOR THE FIRE DEPARTMENT,
RESOLUTION NO. R-27-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Waive the formal bidding process in accordance with Colton Municipal Code C3.08.140(c) and authorize the City to piggyback through the Houston -Galveston Area Council (H -GAC) for the purchase of a new 20 23 Kovatch Motor Equipment (KME) Tractor Drawn Aerial with equipment for an amount not to exceed $1,613,956.81; and

2. Authorize pre-payment in accordance with the terms to take advantage of a $35,000 discount; and

3. Adopt Resolution No. R -27-22 to amend the FY2021 -22 budget for the additional $113,957 for the purchase.

BACKGROUND

In January 2021, the City of Colton requested $1.5 million i n funding from State Assembly Member Eloise Gomez -Reyes for the purchase of a 100’ Tractor Drawn Aerial Ladder Truck (TDA). The City was awarded $1.5 million in funding for the TDA in the FY22 State budget. In January 2022, the cost of the TDA increased b y $113,957 due to inflation. This new TDA will replace the existing 2007 75’ ladder truck.

ISSUES/ANALYSIS
14 Packet Pg. 354
Staff Report to the Mayor and City Council
Purchase - Fire Department Ladder Truck
April 5, 2022

Page 2 ends

Colton City CouncilApril 5, 2022

Colton City Council
April 5, 2022