A construction of a 3MG reservoir was proposed, pursuant to the City of Colton Water Faci lities Master Plan (1998 and 2015) and the City of Colton General Plan (1987), to meet a portion of the City’s anticipated water requirements over the next ten to twenty years. The City of Colton Water Facilities Master Plan (2015) includes the construction of three new reservoirs by the year 2020 in order to effectively meet the recommended water production capacity of the City. The construction of a reservoir project is an essential component for the City’s future developments and residents.
ISSUES/ANALYSIS
On May 16, 2014, City staff issued the Request for Proposal (RFP) for the preparation of engineering study, environmental documents, engineering services and design for the 4MG Reservoir and Booster Station Project (“Project”). On August 5, 2014, a contract was awarded to Krieger and Stewart. The engineering plans was completed in December 20 16. In order to meet the current water storage demands the construction of the La Loma Reservoir is necessary which will require upgrades and to be re-design to meet new codes.
To save cost and time, staff recommends awarding the contract to Krieger and Stewart since they were the original engineering consultants for this project. If the department bids a new Request for Proposal (RFP), other consultants may be re luctant to submit any proposals or increase the fees for this project; due to the fact that Krieger and Stewart prepared the majority of the engineering study including surveying, geotechnical exploration, soils study and structural calculations. In genera l, a different consultant would choose to restart the entire engineering design and prepare their own studies due to professional liabilities, as required by the laws and regulation of Board for Professional Engineers, Land Surveyor, and Geologists (BPELSG).
As such, staff is requesting an Exception to Bidding and award of contract to Krieger and Stewart Engineering Consultants, for the design and construction services for Well 31 Pumping Plant Project per CMC Section 3.08.140 (E) which states:
(E) Purpose of bidding is otherwise accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non-Public Projects under this chapter.
The scope of services will be to prepare construction drawings, provide construction inspection and contract management services during the development of the wells. The total contract amount for the engineering design and construction services for the La Loma Reservoir Project is $264,000.
FISCAL IMPACTS
The total amount for engineering design and construction services for the La Loma Reservoir Project, including a 5% contingency, is $277,200.00. Sufficient appropriations for the contract 9 Packet Pg. 340
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Contract Award - Krieger and Stewart
October 4, 2022
are available in the FY2022 -23 adopted bu dget in Water Utility Fund Reservoirs Capital Improvement Account #521-8100-8104-3890-0000-000.
ALTERNATIVES
Provide alternative direction.
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ITEM NO. 10
STAFF REPORT
DATE: OCTOBER 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ARTHUR MORGAN, ECONOMIC DEVELOPMENT MGR
SUBJECT: ADOPT A RESOLUTION APPROVING A DONATION AGREEMENT
WITH TABBAA FAMILY LIMITED PARTNERSHIP FOR AN
APPROXIMATE 1.11 ACRES TO THE CITY OF COLTON,
RESOLUTION R-105-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Adopt Resolution No. R-105-22, approving a Donation Agreement with Tabbaa Family Limited Partnership for the donation of San Bernardino County Assessor's Parcel Number 0254- 061-03 to the City of Colton and amending the FY2022-23 budget increasing revenues to recognize the donation; and
2. Authorize the City Manager to sign the Donation Agreement and other related documents
BACKGROUND
In November 2014, the City approved and adopted the Hub City Centre Specific Plan (the “Specific Plan”) establishing the land use, goals and objectives to implement the City’s vision within the 476 acres for a vibrant mixed -use development comprised of retail, offices, entertainment and residential to strengthen the City’s economic base and the creation of job opportunities.
On February 2, 2015, the United States Fish & Wildlife Service (“USFWS”) issued to the City an Incidental Take Permit for the Delhi Sands Flower -loving Fly (“DSF”) to the approved West Valley Habitat Conservation Plan (HCP).
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Donation Agreement - Tabbaa
October 4, 2022
For over two decades, development within the Specific Plan area, crucial to Colton’s economi c growth, has been prohibited due to the protected status of the DSF. The approved HCP and the issuance of the Incidental Take Permit allows development to occur, but not without the City acquiring an approximate 50 acres of habitat conservation land for t he DSF as required by USFWS.
Tabbaa Family Limited Partnership, wishes to convey to the City 1.1 acres of real property located in San Bernardino County, identified as Assessor Parcel Nos. 0254 -061-03 (the Property). Conveyance of the Property to the City would be for the purpose of wildlife and plant life conservation pursuant to the West Valley Habitat Conservation Plan.
ISSUES/ANALYSIS
To effectuate the conveyance of the Property and to ensure the preservation of the Property in its natural state in perpetuity, a Donation Agreement and related documents will be executed and accepted by the City. Execution of the Donation Agreement and related documents will prevent any future use of the Property that would impair or interfere with the Property’s cons ervation values, and will confine the use of the Property to such activities that are consistent with preservation, restoration, and enhancement of native species and their habitats.
On August 30, 2022, the owner of the Property, Tabbaa Family Limited Par tnership, agreed to the terms and signed the Donation Agreement.
FISCAL IMPACTS
The Donation Value of the approximate ±1.11 acres is approximately $ 22,870, based on a recent appraisal. The City will incur incidental escrow closing costs estimated at $ 2,000. Sufficient appropriations for the closing costs are available in General Fund Economic Development Division Professional Services Account # 100-6020-9050-2350-0000-000.
Approving the Donation Agreement will further the Hub City Centre Specific Plan a rea causing development credits for new retail, office and housing development which could generate new sales and property tax revenues to the City along with job opportunities for the Colton community.
ALTERNATIVES
1. Provide alternative direction to staff
ATTACHMENT
1. Attachment A - Site Map of Tabbaa Donated Parcel
2. Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement 10 Packet Pg. 343
Attachment “A”
(Tabbaa Donation Parcel)
Subject Parcel
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Attachment: Attachment A - Site Map of Tabbaa Donated Parcel (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
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Attachment: Attachment B - Resolution No. R-105-22 with Tabbaa Donation Agreement (3784 : Donation Agreement - Tabbaa)
ITEM NO. 11
STAFF REPORT
DATE: OCTOBER 4, 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 THE RECORDATION OF GRANT OF SIDEWALK
EASEMENT ALONG HERT STREET.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Accept and approve the recordation of a grant of right -of-way for sidewalk easement purposes from HR Fit LLC, a California limited liabili ty company to the City of Colton, located 969 S.
Hert Street, Colton, CA, 92324 (Assessor’s Parcel Number: 0163-271-04).
BACKGROUND
On August 02, 2018, Mr. Hector Ruiz, under JLM Enterprise LLC, Ruiz, a California limited company, submitted Precise Grading Plans to the City’s Engineering Division to commence with plan check for a single family residential development at 969 S. Hert Street. During the construction phase, a deficiency in street sidewalk width was noted , and the applicant was requested to s ubmit a grant of right -of-way sidewalk easement application to accommodate Americans with Disabilities Act (ADA) compliant sidewalk along the property’s frontage.
The applicant complied and submitted right -of-way sidewalk easement documents for processing.
ISSUES/ANALYSIS
A standard requirement of approval for new development is to request missing public improvements be constructed along the property frontage such as curb, gutter, roadway asphalt concrete and ADA compliant sidewalk. To reach ADA compli ance, the applicant proposed to 11 Packet Pg. 362
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Easement - Hert Street
October 4, 2022
dedicate between 2.88 feet to 3.55 feet wide and 24.41 feet long of private property in favor of public right -of-way along the site frontage at S. Hert Street. The City Engineering division reviewed the right-of-way sidewalk easement documents and recommends approval.
FISCAL IMPACTS
There is no financial impact for this action. The fundi ng for the design, plan check, construction, and inspection of proposed public improvements , including ADA compliant sidewalk along the property’s frontage and respective Grant of Right -of-Way Sidewalk Easement recordation filing fees, are the expense of the developer. The maintenance of the sidewalk will eventually be part of the City’s responsibilities to maintain as the City is responsib le for maintaining existing right- of-way public improvements.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment A - Grant of Sidewalk Easement
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Attachment: Attachment A - Grant of Sidewalk Easement (3791 : Easement - Hert Street)
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Attachment: Attachment A - Grant of Sidewalk Easement (3791 : Easement - Hert Street)
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Attachment: Attachment A - Grant of Sidewalk Easement (3791 : Easement - Hert Street)
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Attachment: Attachment A - Grant of Sidewalk Easement (3791 : Easement - Hert Street)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property conveyed by the Grant of Right-of-Way for Sidewalk Easement purposes to which this Certificate o f Acceptance is attached, dated August 29, 20 22 from HR FIT LLC, a California limited liability company to the City of Colton, a municipal corporation, is hereby accepted by the order of City Council of the City of Colton on the 04th of October, 2022 and the CITY OF COLTON consents to recordation thereof by its duly authorized agent.
THE CITY OF COLTON, a municipal corporation
By: ______________________________________
CAROLINA R PADILLA
City Clerk
Dated: _________________
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Attachment: Attachment A - Grant of Sidewalk Easement (3791 : Easement - Hert Street)
ITEM NO. 12
STAFF REPORT
DATE: OCTOBER 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: WAIVE FULL READING, AND APPROVE SECOND READING OF
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, AMENDING CHAPTER 6.32 OF THE COLTON
MUNICIPAL CODE REGARDING THE SALE, PURCHASE, AND
USE OF FIREWORKS, RESOLUTION NO. O-12-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended to that the City Council Waive full reading, and Approve Second Reading of Ordinance No. O -12-22, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, AMENDING CHAPTER 6.32 OF
THE COLTON MUNICIPAL CODE REGARDING THE SALE,
PURCHASE, AND USE OF FIREWORKS.
ATTACHMENT
1. Ordinance No. O-12-22
2. Ordinance O-12-22 - Redline Version 2021
12 Packet Pg. 369
99999.91809\33184935.1
1 ORDINANCE NO. O-12-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, AMENDING CHAPTER 6.32 OF
THE COLTON MUNICIPAL CODE REGARDING THE SALE,
PURCHASE, AND USE OF FIREWORKS
WHEREAS, the City of Colton permits only Churches, Civic Organizations, and Youth Organizations (collectively “Organizations”), as those terms are defined in Section
6.32.010 of the Code, to apply each year for a license to sell “Safe and Sane” F ireworks between the twenty eighth day of June and the fifth day of July each year (“Fourth of July celebrations”); and
WHEREAS, pursuant to the current version of Section 6.32.060 of the Code, the maximum total number of licenses that may be issued by the City each year is currently limited to fourteen (14) licenses; and
WHEREAS, as of the date of adoption of this Ordinance, there are twelve (12) Organizations currently qualified by resolution of the City Council to receive one of the fourteen (14) licenses that may be issued in any given year; and WHEREAS, despite these limitations, before, during, and after Fourth of July celebrations, the City of Colton experiences increased firework related calls caused by the use of illegal and dangerous flying and exploding fireworks; and WHEREAS, enforcement of the p rohibition of illegal and dangerous fireworks through patrols and other means by Police and Fire Personnel are made more complex and financially burdensome when “Safe and Sane” fireworks are simultaneously discharged; and
WHEREAS, the entire state of Cali fornia has seen a dramatic increase in the number and intensity of fires over the past decade; and WHEREAS, due to the increased risk of fires and the minimal effect that the current restrictions on the sale of fireworks within the City has had on the neg ative impacts caused by illegal and dangerous fireworks, the City desires to further decrease the total number of fireworks sold within the City; and
WHEREAS, the City Council has determined that it may achieve this purpose by not approving any further Qualified Organizations that are eligible for a license to sell fireworks; and
WHEREAS, the City Council further desires to amend the following sections of the Colton municipal code; and
WHEREAS, all the legal prerequisites relating to the adoption of this Ordinance have occurred.
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2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 6.32.020 of the Code is hereby amended to read in its entirety as follows:
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Based in Colton" means primarily operating within the City limits of Colton and comprised of and for the benefit of the residents of the City. "Church" means a State -certified tax-exempt religious organization. "Civic Organization" means a State -certified nonprofit organization organized primarily for charitable purposes.
"Fire Chief" means to include his/her Authorized Representatives. "New Organization" is a Church, Civic or Youth Organization that as of the date of adoption of Ordinance No. O -12-22, has not been issued a license to sell fireworks by resolution of the City Council during the time period between noon on the twenty - eighth day of June in the year 202 2 and midnight on the fifth day of July in the year 2022
“Qualified Organization” means a Church, Civic or Youth Organization that, as of the date of adoption of Ordinance No. O -12-22, has been issued a license to sell fireworks by resolution of the City Council during the time period between noon on the twenty-eighth day of June in the year 202 2 and midnight on the fifth day of July in the year 2022.
"State certified" means an organization recognized as exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code. “Wholesaler” means any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale.
"Youth Organization" means a State certified private organization organized for the purpose of participating in organized sports or civic activities consisting of at least twenty individual members whose maximum age does not exceed eighteen years of age. In addition, seventy -five percent or more of the members Shall be residents of the City of Colton.
SECTION 2. Section 6.32.040 of the Code is hereby amended to read in its entirety as follows:
Applications for a license to sell fireworks Shall:
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3 A. Be made annually by any Qualified Organization that wishes to offer for sale or sell at retail any fireworks of any kind;
B. Be made in writing accompanied by a nonrefundable permit fee of $428.00, and inspection fee of $285.00 (after hour inspections will require and additional fee of $29.00, and a signed manufacturers firework booth agreement with payment for $1,367.15 per booth . The fee will be used to defray the administrative costs of the fireworks program and enforcement of firework activities;
C. Be made between the third and tenth day of May each year, except when the last day falls on a Friday, Saturday or Sunday, the following business day Shall be determined to be the last day;
D. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in a commercial or industrial zone and the written permission o f the owner of record or lessee must accompany the application. However, firework stands will not be located within a quarter (¼) mile of the Very High Fire Hazard Zone at the intersection of South Cooley Drive and Barton Road or within one (1) mile of the Very High Fire Hazard Zone at the intersection of Maryknoll Drive and South La Cadena Drive or as determined by the Fire Chief or designee;
E. Be accompanied by an assurance that, if the license is issued to applicant, applicant s hall, at the time of rec eipt of the license, deliver to the Fire Department of the City, three hundred thousand dollars public liability and fifty thousand dollars property damage insurance certificates designating the City as an additional insured thereunder, and a copy of the requisite license from the State Fire Marshal;
F. Make written application to the City's Fire Department, Fire Safety Division at least ten days prior to booth opening for a permit as required by Section 12643 of the Health and Safety Code, Regulations from the California Administrative Code, Title 19, Public Safety.
SECTION 3. Section 6.32.050 of the Code is hereby amended to read in its entirety as follows:
The Following qualifications must be met by each applicant for a license issued under this chapter:
A. No license shall be issued to any Person, firm or corporation except State-certified Churches, Civic and Youth Organizations.
B. After September 20, 202 2, only Qualified Organizations shall be eligible to apply for a license.
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4 1. A New Organiza tion may not apply for a license after September 20, 2022;
2. A Qualified Organization that fails to apply for a license in any year after the year 202 2, shall lose its Qualified Organization status and thereby shall be ineligible to apply for a license in any future year; and
3. A Qualified Organization that fails to report its total proceeds from firework sales as required by Section 6.32.0 40 shall lose its Qualified Organization status and thereby shall be ineligible to apply for a license in any future year.
C. Each Qualified Organization must have its principal and permanent meeting place in the corporate limits of the City; must maintain a bona fide membership of at least twenty members; and must have been organized and established in the City's corporate limits for a minimum of two years continuously preceding the filing of the application for the license.
D. A Qualified Organization app lying for a license shall represent the undivided entirety or base group and shall not be permitted to separate into an aggregation of subgroups or clubs affiliated with the parent organization. The entire individual group, club or organization associated with an Institution or organization shall be considered as one single applicant. The intent and purpose for treating all organizations as a single entity is to ensure that the selection process is equitable and that no one organization with multiple subgroups will have an unfair advantage over other single purpose organizations.
E. Where such a Qualified Organization's principal purpose is the advancement of youth's interests such as sports organizations, only bona fide, currently registered youth members o f such organization shall be counted as "members" for the purposes of subsection C of this section.
F. No less than ninety percent of the proceeds derived from the sale of fireworks in the City by the Qualified Organization shall be utilized for the direct advancement of charitable, religious, youth or civic purposes of such organization.
Forty-five (45) days after July fifth of each year, a Qualified Organization that is granted a license hereunder and that does operate a Firework Booth, shall submit to th e Fire Department an account of the total proceeds from the Qualified Organization’s sales to facilitate a determination of compliance with the provisions of this Chapter.
G. No Qualified Organization may receive more than one license for fireworks sale during any one calendar year.
H. One license may be issued to two or more Qualified Organizations as a joint venture.
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5 I. Bylaws of Qualified Organizations and verification of current 501(c)(3) Tax Exempt status must be provided with any application submitted under this chapter.
SECTION 4. A new Section 6.32.055 is hereby added to the Code to read in its entirety as follows:
Forty-five (45) days after July fifth of each year, any fireworks wholesaler who has supplied one or more Qualified Organizations with fireworks in that year, shall submit to the Fire Department the following:
A. A separate accounting of the wholesaler’s gross sales to each Qualified Organization, to which the wholesaler sold fireworks in that year.
Any fireworks wholesaler, who fails to comply with Subsection 6.32.0 55 shall be prohibited from setting or supplying any firework booths, in the city, the following year.
SECTION 5. Section 6.32.060 of the Code is hereby repealed in its entirety and amended to read as follows:
The maximum total number of licenses that the City may issue each year shall be equal to the total number of licenses issued to Qualified Organizations in the immediately preceding year, not to exceed 12 licenses per year. By way of example, if the City issues only twelve licenses to Qualified Organizations in a single year, then the following year, the City may only issue twelve licenses to Qualified Organizations.
For purposes of this Section, if, in a single year, a license is issued to two or more Qualified Organizations as a joint venture, pursuant to Section 6.32.050(H) of this Code, then, for purposes of determining the total number of licenses that may be issued in the following year, the total number of licenses issued in that single year shall be deemed to be equal to the total number of Qualified Organizations issued a license in that single year. By way of example, if in a single year nine Qualified Organizations are issued a license to sell fireworks as an individual entity and two Qualified Organizations are issued a license to sell fireworks as a joint venture, then, the following year, the City may issue a maximum of ten licenses.
SECTION 6. Section 6.32.090 of the Code shall be amended to read in its entirety as follows:
Qualified Organizations licensed for the selling of fireworks are required to obtain a Temporary Sales Tax Permit from the regional office of the State Board of Equalization.
SECTION 7. Section 6.32.130 of the Code shall be amended to read in its entirety as follows:
A. All weeds and combustible material Shall be cleared from the location of the stand including a distance of at least twenty-five feet surrounding the stand.
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6 B. "No Smoking" signs Shall be prominently displayed on the fireworks stand.
C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is forbidden.
D. The sale of fireworks Shall not begin before noon on the twenty-eighth day of June and Shall not continue after midnight on the fifth day of July.
E. All unsold stock and accompanying litter Shall be removed from the location by five p.m. on the sixth day of July.
F. The fireworks stand Shall be removed from the temporary location by noon on the fourteenth day of July and all accompanying litter Shall be cleared from the location by said time and date.
G. Portable generators when used for temporary electrical service Shall be located a minimum of twenty -five feet from the fireworks booth when in operation.
H. A clear space of twenty-five feet Shall be maintained around all portions of the fireworks booth using barrier tape, signs or other suitable means as approved by the Fire Chief.
I. The Fire Department issued permit Shall be prominently displayed in each fireworks stand.
J. All accumulated litter and trash Shall be removed from the booth daily.
SECTION 8. Section 6.32.170 of the Code shall be amended to read in its entirety as follows:
A. Purpose: This Section authorizes the imposition of administrative fines on any person, who violates any provision of this Chapter to encourage and obtain compliance with the provisions of this Chapter for the benefit and protection of the entire community. This Section governs the imposit ion, enforcement, collection, and administrative review of all administrative fines related to: the possession, use, storage, sale, and/or display of dangerous fireworks, with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of safe and sane fireworks on or at dates, times and/or locations other than those permitted by this Chapter.
Said administrative fines are imposed under authority of Government Code section 53069.4, Health and Safety Code section 12557, and t he police power of the City.
1. Persons violating this Chapter shall be deemed guilty of a misdemeanor. The issuance of an administrative fine to any person
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7 pursuant to this Section constitutes but one remedy of the City to redress violations of this Code by any person. Nothing contained in this Section is intended to or shall be construed as limiting the authority of the City to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which the City may otherwise pursue.
2. The imposition of fines related to dangerous fireworks under this Chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty -five (25) pounds or less (gross weight) of such dangerous fireworks.
3. Fines collected pursuant to this Section related to dangerous fireworks shall not be subject to Health and Safety Code section 12706. However, fines collected pursuant to this Section related to dangerous fireworks shall be subject to Health and Safety Code section 12726, which section provides that sixty five (65) percent of all administrative fines or penalties collected by the City shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fu nd, as described in Health and Safety Code section 12728.
4. Because of the serious threat of fire or injury posed by the use of “dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this Chapter and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this Section imposes strict civil liability upon the owners of residential real property for all violati ons of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.
B. Issuance of Administrative Citations
1. Whenever a Ci ty Code Enforcement Officer determines that a violation of this Chapter has occurred, the Code Enforcement Officer may issue an administrative citation on a City -approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this chapter.
2. Each administrative citation issued under authority of this Section shall contain all of the information listed in Section 8.12.030(B) of this Code.
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8 C. Administrative Fines : Each person who violates any provision of this Chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of
offenses in a
24-month
period
Amount of
Administrative
Penalty
Disposal
Charge
Administrative
Penalty and
Disposal Charge
Total
First $3,000.00 $1,000.00 $4,000.00
Second $5,000.00 $1,650.00 $6,650.00
Administrative Appeal: Any person issued an administrative fine under authority of this Section shall be entitled to an administrative appeal hearing in accordance with the procedures set forth in Chapter 8.12 of this Code.
SECTION 9. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by t he decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion or the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 10. This Ordinance supersedes and voids all prior ordinances, resolutions, and other Council actions which are inconsistent with its terms.
SECTION 11. Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 12. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, the Ordinance or a summary of the Ordinance shal l be published at least once in the Press Enterprise , a newspaper published and circulated in the City of Colton, and thereupon and thereafter this ordinance shall take effect and be in force according to law.
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9 PASSED, APPROVED AND ADOPTED this 20th day of September, 2022.
City of Colton
______________________________
By: Frank Navarro, Mayor
ATTEST:
______________________________________
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:
______________________________________
Best Best & Krieger LLP
City Attorney
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10 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF COLTON)
I, Carolina Padilla, City Clerk of the City of Colton, California, do hereby certify that the foregoing Ordinance was regularly introduced and duly passed and adopted at a regular meeting of the City Council of the City of Colton, California, duly held the 18th day of August, 2020, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Colton, California, this ____ day of September, 2022.
Carolina Padilla, City Clerk
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1 ORDINANCE NO. O-02-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, AMENDING CHAPTER 6.32 OF
THE COLTON MUNICIPAL CODE REGARDING THE SALE,
PURCHASE, AND USE OF FIREWORKS
WHEREAS, the City of Colton permits only Churches, Civic Organizations, and Youth Organizations (collectively “Organizations”), as those terms are defined in Section
6.32.010 of the Code, to apply each year for a license to sell “Safe and Sane” F ireworks between the twenty eighth day of June and the fifth day of July each year (“Fourth of July celebrations”); and
WHEREAS, pursuant to the current version of Section 6.32.060 of the Code, the maximum total number of licenses that may be issued by the City each year is currently limited to fourteen (14) licenses; and
WHEREAS, despite these limitations, before, during, and after Fourth of July celebrations, the City of Colton experiences increased firework related calls caused by the use of illegal and dangerous flying and exploding fireworks; and WHEREAS, as of the date of adoption of this Ordinance, there are twelve (12) Organizations currently qualified by resolution of the City Council to receive one of the fourteen (14) licenses that may be issued in any given year; and WHEREAS, despite these limitations, before, during, and after Fourth of July celebrations, the C ity of Colton experiences increased firework related calls caused by the use of illegal and dangerous flying and exploding fireworks; and WHEREAS, enforcement of the prohibition of illegal and dangerous fireworks through patrols and other means by Police a nd Fire Personnel are made more complex and financially burdensome when “Safe and Sane” fireworks are simultaneously discharged; and
WHEREAS, the entire state of California has seen a dramatic increase in the number and intensity of fires over the past decade; and WHEREAS, due to the increased risk of fires and the minimal effect that the current restrictions on the sale of fireworks within the City has had on the negative impacts caused by illegal and dangerous fireworks, the City desires to further decrease the total number of fireworks sold within the City; and
WHEREAS, the City Council further desires to authorize the issuance of administrative citations with increased fines for violations of this Chapter in order to further deter unlawful firework related activities; and amend the following sections of the Colton municipal code; and
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2 WHEREAS, all the legal prerequisites relating to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 6.32.020 of the Code is hereby amended to read in its entirety as follows:
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Based in Colton" means primarily operating within the City limits of Colton and comprised of and for the benefit of the residents of the City. "Church" means a State -certified tax-exempt religious organization. "Civic Organization" means a State -certified nonprofit o rganization organized primarily for charitable purposes.
"Fire Chief" means to include his/her Authorized Representatives. "New Organization" is a Church, Civic or Youth Organization that as of the date of adoption of Ordinance No. O -12-22, has not been issued a license to sell fireworks by resolution of the City Council during the time period between noon on the twenty - eighth day of June in the year 202 2 and midnight on the fifth day of July in the year 2022
“Qualified Organization” means a Church, Civic or Youth Organization , as of the date of adoption of Ordinance No. O -12-22, has been issued a license to sell fireworks by resolution of the City Council during the time period between noon on the twenty - eighth day of June in the year 202 2 and midnight on the fifth day of July in the year 2022..
"State certified" means an organization recognized as exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code. “Wholesaler” means any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale.
"Youth Organization" means a State certified private organization organized for the purpose of participating in organized sports or civic activities consisting of at least twenty individual members whose maximum age does not exceed eighteen years of age. In addition, seventy -five percent or more of the members Shall be residents of the City of Colton.
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3 SECTION 2. Section 6.32.040 of the Code is hereby amended to read in its entirety as follows:
Applications for a license to sell fireworks Shall:
A. Be made annually by any Qualified Organization that wishes to offer for sale or sell at retail any fireworks of any kind;
B. Be made in writing accompanied by a nonrefundable application fee in an amount to be set by the most recent Council Adopted Fee Schedule. The fee will be used to defray the administrative costs of the fireworks program; permit fee of $428.00, and inspection fee of $285.00 (after hour inspections will require and additional fee of $29.00, and a signed manufacturers firework booth agre ement with payment for $1,367.15 per booth . The fee will be used to defray the administrative costs of the fireworks program and enforcement of firework activities;
C. Be made between the third and tenth day of May each year, except when the last day falls on a Friday, Saturday or Sunday, the following business day Shall be determined to be the last day;
D. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in a commercial or industrial zone and the written permission of the owner of record or lessee must accompany the application. No stand may be located within one mile of a Cal-Fire designated Very High Fire Hazard Severity Zone ; . However, firework stands will not be located within a quarter (¼) mile of the Very High Fire Hazard Zone at the intersection of South Cooley Drive and Barton Road or within one (1) mile of the Very High Fire Hazard Zone at the intersection of Maryknoll Drive and South La Cadena Drive or as determined by the Fire Chie f or designee;
E. Be accompanied by an assurance that, if the license is issued to applicant, applicant s hall, at the time of receipt of the license, deliver to the Fire Department of the City, three hundred thousand dollars public liability and fifty thousand dollars property damage insurance certificates designating the City as an additional insured thereunder, and a copy of the requisite license from the State Fire Marshal;
F. Make written application to the City's Fire Department, Fire Safety Division at least ten days prior to booth opening for a permit as required by Section 12643 of the Health and Safety Code, Regulations from the California Administrative Code, Title 19, Public Safety.
SECTION 3. Section 6.32.050 of the Code is hereby amended to re ad in its entirety as follows:
The Following qualifications must be met by each applicant for a license issued under this chapter:
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4 A. A. No license shall be issued to any Person, firm or corporation except to Qualified Organizations.
B. After September 20, 2022, only Qualified Organizations shall be eligible to apply for a license.
1. A New Organization may not apply for a license after September 20, 2022;
2. A Qualified Organization that fails to apply for a license in any year after the year 202 2, shall lose its Qualified Organization status and thereby shall be ineligible to apply for a license in any future year; and
3. A Qualified Organization that fails to report its total proceeds from firework sales as required by Section 6.32.040 shall lose its Qualified Organization status and thereby shall be ineligible to apply for a license in any future year.
B. Each Qualified Organization must have its principal and permanent meeting place in the corporate limits of the City; must maintain a bona fide membership of at least twenty members; and must have been organized and established in the City's corporate limits for a minimum of two years continuously preceding the filing of the application for the license.
C. A Qualified Organization applying for a l icense shall represent the undivided entirety or base group and shall not be permitted to separate into an aggregation of subgroups or clubs affiliated with the parent organization. The entire individual group, club or organization associated with an Institution or organization shall be considered as one single applicant. The intent and purpose for treating all organizations as a single entity is to ensure that the selection process is equitable and that no one organization with multiple subgroups will have an unfair advantage over other single purpose organizations.
E. Where such a Qualified Organization's principal purpose is the advancement of youth's interests such as sports organizations, only bona fide, currently registered youth members of such organi zation shall be counted as "members" for the purposes of subsection C of this section.
F. No less than ninety percent of the proceeds derived from the sale of fireworks in the City by the Qualified Organization shall be utilized for the direct advancement of charitable, religious, youth or civic purposes of such organization.
Forty-five (45) days after July fifth of each year, a Qualified Organization that is granted a license hereunder and that does operate a Firework Booth, shall submit to the Fire Depart ment an account of the total proceeds from the Qualified Organization’s sales to facilitate a determination of compliance with the provisions of this Chapter.
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Alignment: Left + Aligned at: 1" + Indent at: 1.5"
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5 G. No Qualified Organization may receive more than one license for fireworks sale during any one calendar year.
H. One license may be issued to two or more Qualified Organizations as a joint venture.
I. Bylaws of Qualified Organizations and verification of current 501 (c)(3) Tax Exempt status must be provided with any application submitted under this chapter.
SECTION 4. A new Section 6.32.055 is hereby added to the Code to read in its entirety as follows:
Forty-five (45) days after July fifth of each year, any fireworks wholesaler who has supplied one or more Qualified Organizations with fireworks in that year, shall submit to the Fire Department the following:
A. A separate accounting of the wholesaler’s gross sales to each Qualified Organization, to which the wholesaler sold fireworks in that year.
Any fireworks wholesaler, who fails to comply with Subsection 6.32.0 55 shall be prohibited from setting or supplying any firework booths, in the city, the following year.Section 6.32.090 of the Code shall be amended to read in its entirety as follows:
Qualified Organizations licensed for the selling of fireworks are required to obtain a Temporary Sales Tax Permit from the regional office of the State Board of Equalization.
SECTION 5. Section 6.32.060 of the Code is hereby repealed in its entirety and amended to read as follows:
The maximum total number of licenses that the City may issue each year shall be equal to the total number of licenses issued to Qualified Organizations in the immediately preceding year, not to exceed 12 licenses per year. By way of example, if the City issues only twelve licenses to Qualified Organizations in a single year, then the following year, the City may only issue twelve licenses to Qualified Organizations.
For purposes of this Section, if, in a single year, a license is issued to two or more Qualified Organizations as a joint venture, pursuant to Section 6.32.050(H) of this Code, then, for purposes of determining the total number of licenses that may be issued in the following year, the total number of licenses issued in that single year shall be deemed to be equal to the total number of Qualified Organizations issued a license in that single year. By way of example, if in a single year nine Qualified Organizations are issued a license to sell fireworks as an individual entity and two Qualified Organizations are issued a license to sell fireworks as a joint venture, then, the following year, the City may issue a maximum of ten licenses.
Section 6.32.130 of the Code shall be amended to read in its entirety as follows: Formatted: Strikethrough
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6 A. All weeds and combustible material Shall be cleared from the location of the stand including a distance of at least twenty-five feet surrounding the stand.
B. "No Smoking" signs Shall be prominently displayed on the fireworks stand.
C. Each stand must have an adult in attendance and in charge the reof while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is forbidden.
D. The sale of fireworks Shall not begin before noon on the twenty -eighth day of June and Shall not continue after midnight on the fifth day of July.
E. All unsold stock and accompanying litter Shall be removed from the location by five p.m. on the sixth day of July.
F. The fireworks stands Shall be removed from the temporary location by noon on the fourteenth day of July and all accompanying litter Shall be cleared from the location by said time and date.
G. Prior to the issuanc e of a license, each applicant s hall file with the Fire Department a cash deposit, certificate of deposit or a surety bond made payable to the City in the amount of one h undred dollars to assure compliance with the provisions of this chapter. Such deposit or certificate Shall be refundable upon compliance with the provisions and requirements of this chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the licensee does not so comply or remove the stand or clean the site, in a matter required by Fire Chief, the City May do so, or cause the same to be done by other Persons, and the reasonable cost thereof Shall be a charge against the licensee and his surety and the deposit, certificate or bond.
H. Portable generators when used for temporary electrical service Shall be located a minimum of twenty -five feet from the fireworks booth when in operation.
I. A clear space of twenty-five feet Shall be maintained around all portions of the fireworks booth by the use of barrier tape, signs or other suitable means as approved by the Fire Chief.
J. The Fire Department issued permit Shall be prominently displayed in each fireworks stand.
K. All accumulated litter and trash Shall be removed from the booth daily.
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7 SECTION 6. Section 6.32.090 of the Code shall be amended to read in its entirety as follows:
Qualified Organizations licensed for the selling of fireworks are required to obtain a Temporary Sales Tax Permit from the regional office of the State Board of Equalization.
Section 6.32.170 of the Code shall be amended to read in its entirety as follows:
A. Purpose: This Section authorizes the imposition of administrative fines on any person, who violates any provision of this Chapter to encourage and obtain compliance with the provisions of this Chapter for the benefit and protection of the entire community. This Section governs the imposition, enforcement, collection, and administrative review of all administrative fines related to: the possession, use, storage, sale, and/or display of dangerous fireworks, with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of safe and sane fireworks on or at dates, times and/or locations other than those permitted by this Chapter.
Said administrative fines are imposed under authority of Government Code section 53069.4, Health and Safety Code section 12557, and the police power of the City.
1. Persons violatin g this Chapter shall be deemed guilty of a misdemeanor. The issuance of an administrative fine to any person pursuant to this Section constitutes but one remedy of the City to redress violations of this Code by any person. Nothing contained in this Section is intended to or shall be construed as limiting the authority of the City to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which the City may otherwise pursue.
2. The imposition of fines related to dangero us fireworks under this Chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty five (25) pounds or less (gross weight) of such dangerous fireworks.
3. Fines collected pursuant to this Section related to dangerous fireworks shall not be subject to Health and Safety Code section 12706. However, fines collected pursuant to this Section related to dangerous fireworks shall be subject to Health and Safety Code section 12726, which section provides that sixty five (65) percent of all administrative fines or penalties collected by the City shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code section 12728.
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8 4. Because of the serious threat of fire or injury posed by the use of “dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this Chapter and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this Section imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.
B. Issuance of Administrative Citations
1. Whenever a City Code Enforcement Officer determines that a violation of this Chapter has occurred, the Code Enforcement Officer may issue an administrative citation on a City -approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in ac cordance with the provisions of this chapter.
2. Each administrative citation issued under authority of this Section shall contain all of the information listed in Section 8.12.030(B) of this Code.
C. Administrative Fines : Each person who violates any provisio n of this Chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of
offenses in a
24-month
period
Amount of
Administrative
Penalty
Disposal
Charge
Administrative
Penalty and
Disposal Charge
Total
First $3,000.00 $1,000.00 $4,000.00
Second $5,000.00 $1,650.00 $6,650.00
D. Administrative Appeal : Any person issued an administrative fine under authority of this Section shall be entitled to an administrative appeal hearing in accordance with the procedures set forth in Chapter 8.12 of this Code.
SECTION 7. Section 6.32.130 of the Code shall be amended to read in its entirety as follows:
A. All weeds and combustible material Shall be cleared from the location of the stand including a distance of at least twenty-five feet surrounding the stand.
B. "No Smoking" signs Shall be prominently displayed on the fireworks stand.
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9 C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in s tand after close of business each day is forbidden.
D. The sale of fireworks Shall not begin before noon on the twenty -eighth day of June and Shall not continue after midnight on the fifth day of July.
E. All unsold stock and accompanying litter Shall be removed from the location by five p.m. on the sixth day of July.
F. The fireworks stand Shall be removed from the temporary location by noon on the fourteenth day of July and all accompanying litter Shall be cleared from the location by said time and date.
G. Portable generators when used for temporary electrical service Shall be located a minimum of twenty -five feet from the fireworks booth when in operation.
H. A clear space of twenty-five feet Shall be maintained around all portions of the fireworks booth using bar rier tape, signs or other suitable means as approved by the Fire Chief.
I. The Fire Department issued permit Shall be prominently displayed in each fireworks stand.
All accumulated litter and trash Shall be removed from the booth daily.
If any section, sub section, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordin ance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion or the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. This Ordinance supersedes and voids all prior ordinances, resolutions, and other Council actions which are inconsistent with its terms.
SECTION 9. Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant t o Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
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10 Code of R egulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 10. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, the Ordinance or a summary of the Ordinance shall be published at least once in the Press Enterprise , a newspaper published and circulated in the City of Colton, and thereupon and thereafter this ordinance shall take effect and be in force according to law.
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11 PASSED, APPROVED AND ADOPTED this 16th day of February, 2021.
City of Colton
______________________________
By: Frank Navarro, Mayor
ATTEST:
______________________________________
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:
______________________________________
Best Best & Krieger LLP
City Attorney
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12 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF COLTON)
I, Carolina Padilla, City Clerk of the City of Colton, California, do hereby certify that the foregoing Ordinance was regularly introduced and duly passed and adopted at a regular meeting of the City Council of the City of Colton, California, duly held the 18th day of August, 2020, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Colton, California, this ____ day of February, 2021.
Carolina Padilla, City Clerk
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