Agenda packet — Colton City Council, November 15, 2022 (part 1 of 4)

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, NOVEMBER 15, 2022 – 5:00 P.M.

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

NO CLOSED SESSION

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.

2 OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Johnny De La Rosa - Echoes of Love Ministry

FLAG SALUTE

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Proclamation - Small Business Saturday
 Recognition - Kindness Ambassadors of Cooley Ranch

MAYOR AND COUNCIL ITEMS

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

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS
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.

3 (1) 2022 Building Code Adoption - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-14-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2, 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA FIRE CODE, INCORPORATING THE “INTERNATIONAL FIRE CODE” 2021 EDITION INCLUDING APPENDICES THERE TO; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE “INTERNATIONAL RESIDENTIAL CODE” 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2021 EDITION; INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING ANNEXES THERETO; 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; 2022 CALIFORNIA ENERGY EFFICIENCY STANDARDS INCLUDING APPENDICES THERETO; ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH APPENDICES AND AMENDMENTS THERETO. TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS, ORDINANCE NO. O-14-22.
[Staff Person: Mark Tomich]

(Public Hearing Continued from November 1, 2022)

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 motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.

MOTION __________ SECOND __________

BUSINESS ITEMS
There are no business items.

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

Persons desiring to submit paperwork to the City Council Members shall provide 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.

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

(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on November 1, 2022. [Staff Person: Carolina Padilla]
(3) Warrants - Approve US Bank voucher dated 9/23/2022 totaling $51,960.70; voucher numbers 201953 to 202047 dated 10/13/2022 and totaling $5,566,097.07; voucher numbers 202048 to 202182 dated 10/20/2022 and totaling $848,852.59; and a payroll disbursement listing dated 09/17/2022 to 09/30/2022 and totaling $894,215.16.
[Staff Person: Stacey Dabbs]
(4) City Treasurer's Report - Receive and File City Treasurer's Report for August 2022. [Staff Person: Aurelio De La Torre]
(5) Contract Award & Reimbursement Agreement - EcoTierra Consulting - Approve Contract for Environmental Services with EcoTierra Consultants and Reimbursement Agreement with Applicant for Colton Truck and Trailer Repair Entitlement Applications.
[Staff Person: Mark Tomich]
(6) Contract Award - D. M. Contracting, Inc. - Approve and Adopt Award of Construction Contract to D. M.

Contracting, Inc. for the South La Cadena Drive Sidewalk Improvement Project in the Amount of $326,600, RESOLUTION NO. R-116-22.
[Staff Person: Brian Dickinson]
(7) Contract Amendment - KOA Corporation - Approve and Adopt Amendment No. 2 for the KOA Corporation Professional Service Agreement for the ATP Funded West Colton Class I Bicycle Route Project, RESOLUTION NO. R-117-22.
[Staff Person: Brian Dickinson]
(8) Grant - CalRecycle - Approve and Adopt Resolution Authorizing Applications for CalRecycle Grants, RESOLUTION NO. R-118-22.
[Staff Person: Brian Dickinson]
(9) Purchase - AXON Enterprise Inc. - Approve Five-Year Purchase Agreement for AXON Body Worn Cameras, Related Equipment and Evidence Storage.
[Staff Person: Hank Dominguez]
(10) Second Reading of Ordinance No. O-16-22 - Waive Full Reading, Read By Title Only and Pass Second Reading of an Ordinance of the City Council of the City of Colton, Authorizing the Levy of Special Taxes in a Community Facilities District, Including Certain Annexation Territory Identified as Annexation No. 1, into City of Colton Community Facilities District No. 2021-2 (Maintenance Services), ORDINANCE NO. O-16-22. [Staff Person: Carolina Padilla]
(11) Second Reading of Ordinance No. O-17-22 - Waive Full Reading, Read By Title Only and Approve Second Reading of an Ordinance of the City Council of the City of Colton, Amending Chapt er 2.30 of Title 2 (Administration And Personnel) to Adjust Local Rules for Appointment to and Service on City Appointive Boards, Commissions and Committees, in Order to Conform to the New City Council Format Enacted by 2018 Measure “R” and Making Other Technical Amendments, ORDINANCE NO. O-17-22. [Staff Person: Carolina Padilla]

5 MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.

CITY MANAGER'S REPORTS

ADJOURNMENT

6 I, Stephanie Vargas, the 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 car d 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 Ci ty issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

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

NOTICE TO PUBLIC

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

All matters listed under the Consent Calendar are consi dered 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 special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

LEGAL CHALLENGES

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

MANUAL OF PROCEDURE

The City Council adopted its Manual of P rocedure 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: NOVEMBER 15, 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-14-22, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, ADOPTING BY REFERENCE THE 2022

CALIFORNIA BUILDING CODE, INCORPORATING THE
"INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2, 2021
EDITION INCLUDING APPENDICES THERETO; THE 2022

CALIFORNIA FIRE CODE, INCORPORATING THE
“INTERNATIONAL FIRE CODE” 2021 EDITION INCLUDING
APPENDICES THERE TO; THE 2022 CALIFORNIA RESIDENTIAL
CODE, INCORPORATING THE “INTERNATIONAL RESIDENTIAL
CODE” 2021 EDITION INCLUDING APPENDICES THERETO; THE
2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE
"UNIFORM MECHANICAL CODE", 2021 EDITION; INCLUDING
APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING
CODE, INCORPORATING THE "UNIFORM PLUMBING CODE",
2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022

CALIFORNIA ELECTRICAL CODE, INCORPORATING THE
"NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING
ANNEXES THERETO; 2022 CALIFORNIA GREEN BUILDING
STANDARDS CODE INCLUDING APPENDICES THERETO; 2022

CALIFORNIA ENERGY EFFICIENCY STANDARDS INCLUDING
APPENDICES THERETO; ADOPTING BY REFERENCE THE

UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL
PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH
APPENDICES AND AMENDMENTS THERETO. TOGETHER WITH

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Staff Report to the Mayor and City Council
2022 Building Code Adoption
November 15, 2022

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CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND
EXCEPTIONS, ORDINANCE NO. O-14-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

ADOPT THE FOLLOWING ORDINANCE NO. O-14-22:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, REPEALING AND REPLACING CHAPTERS 15 MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24); INCORPORATING THE 2022 CALIFORNIA BUILDING CODE, (INCORPORATING AND AMENDI NG THE 2021
INTERNATIONAL BUILDING CODE); THE 2022 CALIFORNIA
ADMINISTRATIVE CODE; THE 2022 CALIFORNIA ELECTRICAL CODE (INCORPORATING AND AMENDING THE 2017 NATIONAL ELECTRICAL CODE); THE 2022 CALIFORNIA MECHANICAL CODE (INCORPORATING AND AMENDING THE 2021 UNIFORM MECHANICAL CODE); THE 2022

CALIFORNIA PLUMBING CODE (INCORPORATING AND AMENDING
THE 2021 UNIFORM PLUMBING CODE); THE 2022 CALIFORNIA
RESIDENTIAL CODE (INCORPORATING AND AMENDING THE 2021
INTERNATIONAL RESIDENTIAL CODE); THE 2022 CALIFORNIA FIRE CODE (INCORPORATING AND AMENDING THE 2021 INTERNATIONAL FIRE CODE); AND THE 2021 CALIFORNIA GREEN BUILDING

STANDARDS CODE TOGETHER WITH CERTAIN ADDITIONS,
INSERTIONS, DELETIONS AND CHANGES THERETO; ADOPTING BY

REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH APPENDICES AND AMENDMENTS THERETO.

BACKGROUND

It is common practice for all jurisdictions in the State of California to amend and adopt the updated State codes to fit the City’s special needs based on climatic, topographical, and geologic conditions and to be in compliance with the State law requirements. The Building Standards Code is revised and updated every three (3) years. The newest edition of t he California Building Standards Code is the 2022 edition with an effective date of January 1, 2023.

The attached Ordinance includes the necessary findings to enable the City to amend the new construction codes to reflect our local conditions. The atta ched Ordinance also incorporates

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Staff Report to the Mayor and City Council
2022 Building Code Adoption
November 15, 2022

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amendments to reflect our local conditions. The remainder of the proposed amendments are administrative or procedural in nature.

At the November 1, 2022 public hearing on this item, there were Councilmember comments regarding provisions in the Building Code that pertained to alleyways, including the ability to reduce minimum roadway widths for alleys. The Building Official has confirmed that there are no references to alleys or alley standards in the Building Code. Any re ferences to street standards, including street cross sections, are contained in the General Plan Mobility Element. A General Plan amendment is not a part of the proposed action.

ISSUES/ANALYSIS

This code amendment includes local amendments to the Build ing Standards Code that are reasonably necessary because of unique local climatic, topographic and geologic conditions.

These conditions include low amounts of precipitation, humidity and extremely high temperatures, in the area; extremely strong winds; p eriodic drought conditions and limited water supplies; moderately strong earthquakes; and topographical barriers to timely emergency response.

New local amendments within the Building Standards Code are as summarized as follows:

 Combustible Pallets. An operational permit is required to store, manufacture, refurbish or otherwise handle >200 cubic feet of combustible pallets at one site.

 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be c ut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban -wildland interface areas shall be in accordance with Chapter 49 and City of Colton Vegetation Management Guidelines.

 Outdoor Fires. Outdoor fires shal l not be built, ignited or maintained in fuel modification areas, Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or Special Fire Protection Areas (SFPA) or other locations where conditions could cause the spread of fire to the WRA, SFPA or FHSZ, except by permit from the fire code official.

 Outdoor Fireplaces. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied -petroleum gas are allowed when approved by the Building Department and the device is des igned to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device.

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2022 Building Code Adoption
November 15, 2022

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 Vegetation Management. All new buildings to be built or installed in areas with or adjacent to land having hazardous combustible vegetation shall comply with the requirements in the edition of City of Colton Vegetation Management Guidelines currently in use at the time of plan submittal.

 Fences. Chain link fences and Vinyl Fences four (4) feet or more in height are required to be built with the benefit of a building permit.

 Wind Load. Wind load parameters have been revised from ultimate wind force criteria to basic wind force criteria to be in concert with the American Society of Civil Engineers.

 Electric Vehicle Charging Systems. Expediting Permitting Processing

Additional information regarding the proposed amendments is contained in the Information Bulletin attached to this report (Attachment 2).

ENVIRONMENTAL DETERMINATION/CEQA

This Ordinance is not subject to 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.

FISCAL IMPACTS

No fiscal impacts are associated with this action.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. City of Colton Ordinance-O-14-22

2. 2022 Findings-Attachment - 2

3. 2022 Code --Information Guide

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PLEADING TITLE - 1
ORDINANCE NO. O-14-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2, 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA FIRE CODE, INCORPORATING THE “INTERNATIONAL FIRE CODE” 2021 EDITION INLCLUDING APPENDICES THERE TO; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE “INTERNATIONAL RESIDENTIAL CODE” 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2021 EDITION; INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING ANNEXES THERETO; 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; 2022 CALIFORNIA ENERGY EFFICENCY STANDARDS INCLUDING APPENDICES THERETO; ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH APPENDICES AND AMENDMENTS THERETO.TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS.

RECITALS

WHEREAS, Government Code Section 50022.1, et seq., authorizes the adoption by reference of the Codes specified in the title of the Ordinance.

WHEREAS, At least one copy of each of said Codes certified as full, true and correct by the City Clerk of the City of Colton have been filed in the Office of the City Clerk in accordance with the provisions of Government Code Section 50022.6.

WHEREAS, a duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance.

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

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PLEADING TITLE - 2

NOW, THEREFORE, the City Council of the City of Colton ordains as follows:

SECTION 1: The City hereby makes the findings to support changes need to the California Building Code, as contained in Exhibit 3 to this Ordinance. The City Council incorporates the Recitals set forth above by this reference.

SECTION 2: Chapters 15.04, 15.06, 15.07, 15.08, 15.09, 15.10, 15.11, 15.12, and 15.13 of Title 15 of the Colton Municipal Code, entitled Buildings and Construction, are hereby added and amended as provided for herein, provided that said amendments shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the provisions of Title 15 as exist prior to the adoption of this Ordinance shall continue to be applicable to construction for which permits have been issued prior to the effective date of this Ordinance. Moreover, this Ordinance does not amend or revoke any previously established fees referenced in this Ordinance.

SECTION 3: Chapter 15.04 of Title 15 of the Colton Municipal Code is hereby amended to read as follows:

"CHAPTER 15.04

CODES ADOPTION

Section:

15.04.010 Codes adoption.

15.04.020 Violations.

15.04.010 Codes adoption.

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PLEADING TITLE - 3
The 2022 California Building Code, incorporating the "International Building Code, Volumes 1 and 2", 2021 Edition, including all appendices thereto; the 2022 California Residential Code, incorporating the “International Residential Code”, 2021 Edition, including all appendices thereto; the 2022 California Mechanical Code, incorporating the "Uniform Mechanical Code", 2021 Edition; including all appendices thereto; the 2022 California Plumbing Code, incorporating the "Uniform Plumbing Code", 2021 Edition, including all appendices thereto; the 2022 California Electrical Code, incorporating the " National Electrical Code ", 2014 Edition; including all annexes thereto; 2022 California Green Building Standards Code; are hereby adopted by reference in their entirety and amended in Chapters 15.06, 15.07, 15.08, 15.09, 15.10, 15.11, 15.12, and 15.13, herein, shall comprise the Building and Construction Regulations of the City of Colton."

15.04.020 Violations.

A. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to, or in violation of , any of the provisions of the codes.

B. Any person, firm, or corporation violating any of the provisions of the code is guilty of a misdemeanor. Each day, or portion thereof, during which any such violation is committed, continued, or permitted, is a separate offense. Any such violation shall be punishable by such fines and penalties as described in Chapter 8.12 of the Colton Municipal Code.”

SECTION 4: Chapter 15.06 of Title 15 of the Colton Municipal Code is hereby amended to read as follows:

“CHAPTER 15.06

BUILDING CODE
Sections:

15.06.005 Section [A] 101.4 amended – Referenced Codes.

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PLEADING TITLE - 4

15.06.005 Section [A] 101.4 amended – Referenced Codes.

15.06.010 Section [A] 105.2 amended – Work exempt from permit.

15.06.020
Section [A] 105.5 amended – Expiration.

15.06.030 Section City Ordinance section added- – Permit Issuance.

15.06.040 Sections [A] 113.1 and [A] 113.3 amended – Board of appeals.

15.06.045 Sections [A] 114.1 and [A] 114.2 amended – Violations.

15.06.060 Section 903 amended – Fire protection and life safety systems.

15.06.070 Section 903.1 amended – General.

15.06.080 Section 903.2 amended – Where required.

15.06.145 Section 903.2.8 amended - Group R.

15.06.150 Section 903.2.9 amended - Group S-1...

15.06.155 Section 903.2.9.1 amended - Repair Garages.

15.06.160 Section 903.2.9.2 amended – Bulk Storage of Tires.

15.06.165 Section 903.2.10.1 amended – Commercial Parking Garages.

15.06.170 Section 903.2.11.1 amended –Stories without openings.

15.06.175 Section 903.2.11.3 amended – Deleted exceptions.

15.06.180 Section 903.3.3.3 amended – NFPA 13 D Sprinkler Systems.

15.06.185 Section 903.3.5.3 added – Hydraulic Calculated System.

15.06.190 Section 903.3.4 amended – Sprinkler S. Supervision and Alarms.

15.06.195 Section 905.4 amended – Location of Class I Stand pipe hose C.

15.06.200 Table1505.1 amended - Minimum roof covering classification.

15.06.210 Section 1609.3 amended – Ultimate wind speed.

15.06.220 Appendix Chapter Adopted and Amended

15.06.230 Section J101.1 of Appendix J amended – Scope.

15.06.240 Section J101.1 of Appendix J amended – Special requirements for hazardous conditions

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PLEADING TITLE - 5

15.06.250 Section J103.2 of Appendix J amended – Exemptions.

15.06.260 Section J104 of Appendix J amended – Permit application and submittal.

15.06.270 Section J105.1 of Appendix J amended – General.

15.06.280 Section J109.4 of Appendix J amended – Drainage across property lines.

15.06.290 Section J110 of Appendix J amended – Temporary erosion control during grading.

15.06.005 Section [A] 101.4 of Chapter 1, Division II Amended – Referenced codes.

Sections [A] 101.4.1, 101.4.2, 101.4.3 and 101.4.4 of the California Building Code are deleted.

15.06.010 Section [A] 105.2 of Chapter 1, Division II Amended - Work exempt from permit.

Section [A] 105.2 of the California Building Code is hereby amended by amending item two, and adding a new item 14, to read as follows:

2. Chain-link, plastic, Vinyl, masonry, wood, wrought iron, concrete fences not over 4 feet in height above the lowest adjacent grade unless supporting a surcharge or impounding class I, II or III-A liquids.

4. Retaining walls that are not over 2 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquid

5. Water tanks supported directly on grade if the capacity is not greater than 500 gallons.

14. Flag pole not to exceed 20 feet in height above ground in a residential lot

15.06.020 Section [A] 105.5 of Chapter 1, Division II amended – Expiration.

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Section [A] 105.5 of the California Building Code is hereby amended by adding a sentence at the end of the section to read as follows:

Building permits issued to repair under Chapter 8.04 or 8.05 of this code shall expire in sixty (60) days from the date such permit is issued unless the Code Enforcement and Housing Appeals Board authorizes a longer period of time in which to complete the work in which event such permit will expire at the end of such longer period of time.

15.06.030 Section [A] 105.3 of Chapter 1, Division II Added – Permit Issuance.

Section [A] 105.3 of the California Building Code is amended to add subsection to read as follows:

Building permits may be issued to either:
a). Persons holding a valid license issued by State of California State Contractor's License Board, related to the specialty of the work being performed, or
b). Persons providing bona fide proof of ownership of the Property and Buildings for which the Permit is being issued or their authorized Representative.

15.06.040 Section [A] 113.1 and [A] 113.3 of Chapter 1, Division II amended – Board of appeals.

Sections [A] 113.1 and [A] 113.3 of Chapter 1, Division II of the California Building Code are hereby amended to read as follows:

[A] 113.1 General.

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In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction.

The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.

[A] 113.3 Qualifications. Deleted.

15.06.050 Section [A] 114.1 and [A] 114.2 of Chapter 1, Division II amended – Violations.

Sections [A] 114.1 and [A] 114.2 of Chapter 1, Division II of the California Building Code are hereby amended to read as follows:

[A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

[A] 114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal, demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

15.06.060 Section 903.1 amended.

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Section 903.1, General, of the California Fire Code is hereby amended to read as follows:

903.1 General. Automatic sprinkler systems shall comply with this section and Colton guidelines for 13, 13D, 13R, and Colton Fire Department Underground Piping for Hydrants and Sprinkler Supply Line

15.06.070 Section 903 is amended – Fire protection systems.

Section 903.2 amended. Section 903.2 of the California Building Code is hereby amended to read as follows:

903.2 Where required. Approved automatic sprinkler systems in new buildings or structures shall be provided in locations described in this section regardless of fire resistive separation walls. In all existing structures and occupancies not equipped with an automatic sprinkler system, the following requirements shall apply:

1. For existing buildings smaller than 5,000 square feet in gross floor area, when an addition causes the structure to exceed 5,000 square feet and such addition is equal to or greater than 50% of the existing square footage, the entire structure shall be provided with an automatic sprinkler system.

2. For existing buildings larger than 5,000 square feet in gross floor area, when an addition is equal to or greater than 10% of the existing square footage, the entire structure shall be provided with an automatic sprinkler system.

3. For existing buildings larger than 5,000 square feet in gross floor area, when extensive renovation or remodeling is done to more than 50% of the gross floor area, and when a change of use that, in the opinion of the fire code official using the guidance of this Code, increases the likelihood of, or increases the danger to occupants in a fire incident, the entire area shall be provided with an automatic sprinkler system.

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15.06.080 Section 903.2.1 amended. Section 903.2.1 of the California Building Code is hereby amended to read as follows:

15.06.125 Section 903.2.2 amended. Section 903.2.2 of the California Building Code is hereby amended by adding the following:

15.06.165 Section 903.2.10.1 amended.

Section 903.2.10 of the California Fire Code is hereby amended by the deletion of the exceptions.

Section 903.2.10.1 of the California Fire Code is hereby amended to read as follows:

903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the fire area exceeds 200 square feet.

15.06.175 Section 903.2.8, Group R, is hereby amended as follows:

903.2.8. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

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a) When an addition is 33% or more of the existing building area, as defined in Section 502.1, and greater than 1000 square feet (92.903 m2) within a two-year period; or
b) An addition when the existing building is already provided with automatic sprinklers; or
c) When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determined that the complexity of installing a sprinkler system would be similar as in a new building.

Exceptions:

1. Exception 1 deleted.

2. When approved by the fire code official, detached Group U private garages accessory to a Group R-3 occupancy, when located 50 feet or more from property lines or dwellings.

3. Group R-3.1 occupancies not housing bedridden clients, not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.

4. Pursuant to Health and Safety Code Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill or mentally handicapped, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and buildings or portion thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.

5. Pursuant to Health and Safety Code Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65years of age or over).

15.06.180 Section 903.3.1.3 amended.

Section 903.3.1.3 of the California Fire Code is hereby amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one and two-family dwellings shall be installed throughout in accordance with NFPA 13D, including attached garages.

15.06.185 Section 903.3.5.3 added.

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Section 903.3.5.3 hydraulically calculated systems are hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity
Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3

15.06.190 Section 903.4 amended.

Section 903.4 of the California Fire Code is hereby amended to read as follows:

Section 903.4, Sprinkler system supervision and alarms, is hereby amended by modifying item 1, deleting item 5, and renumbering the Exceptions as follows:

1. Automatic sprinkler systems protecting one- and two-family dwellings.

2. Limited area systems serving fewer than 20 sprinklers.

3. Automatic sprinkler systems installed in accordance with NFPA 13R where the common supply main is used to supply both the domestic and

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automatic sprinkler system, and a separate shutoff valve for automatic sprinkler system is not provided.

4. Jockey pump control valves that are sealed or locked in the open position.

5. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.

6. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position.

15.06.195 Section 905.4 amended.

Section 905.4 Location of Class I standpipe hose connections is hereby amended by adding items 7 as follows:

905.4 Location of Class I standpipe hose connections are hereby revised to include number 7 as follows:

7. The centerline of the 2.5-inch (63.5 mm) outlet shall be no less than 18 inches (457.2 mm) and no more than 24 inches above the finished floor.

15.06.200 Table 1505.1 Amended – Minimum roof covering classification Table 1505.1 of the California Building Code is hereby amended to read as follows: Table 1505.1 Minimum Roof Covering Classification for different types of construction for new buildings, re-roofs or additions.

*See Section 1505.1.1 for Class A Roof Coverings in Very-High Fire Hazard Severity

IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A B* B* B*

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15.06.210 Section 1609.3 amended – Basic wind speed.

Section 1609.3 of the California Building Code is hereby amended to by adding a sentence at the end of the section to read as follows:

For the City of Colton, new structures shall be designed for a minimum wind speed as follows:

Risk Category I – 100 mph, Vult’. - Exposure “C” Risk Category II – 110 mph, Vult’. - Exposure “C” Risk Category III & IV – 115 mph, Vult’. - Exposure “C”

15.06.220 Appendix Chapters Adopted.

Appendices chapters C, F, G, H, I, J, K, L, in the California Building Code are hereby Adopted.

15.06.230 Section J101-1 of Appendix J amended - Scope

Section J101.1 of the California Building Code is hereby amended to read as follows:

J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. In addition, the designs of the work as described above need to meet the recognized and accepted civil and geotechnical engineering practices and principles.

15.06.240 Section J101 of Appendix J amended – Special requirements for hazardous conditions.

Section J101, a second paragraph is added to the California Building Code to read as follows:

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J101 General. Whenever the Building Official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.

15.06.250 Section J103.2 of Appendix J - amended – Exemptions.

Section J103.2 of the California Building Code is hereby amended to read as follows:

J103.2 Exemptions:

A grading permit is not required for the following:

1. When approved by the Building Official, grading in an isolated, self- contained area if there is no danger to private or public property.

2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit.

This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524mm) after the completion of such structure.

5. Excavations for wells, tunnels, or utilities.

6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

7. Exploratory excavations under the direction of soil engineers or engineering geologists.

15.06.270 Section J105.1 of Appendix J amended – General Section J105.1 of the California Building Code is hereby amended to read as follows:

J105.1 General. Inspections shall be governed by Section 110, Chapter 1, Division II of this code and requirements established, by approved policies

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and procedures of the Engineering Division. An engineer shall provide grading inspections and certifications for the work.

15.06.280 Section J109.4 of Appendix J amended – Drainage across property lines.

Section J109.4 of the California Building Code is amended to have the following sentences added at the end of the section:

For Single Family Lot Drainage

1. Whenever possible, drainage from single family lots shall flow directly to a street or an approved location

2. If it should be determined necessary to allow offside drainage to flow through a single family lot (to preserve down lot views, esthetics, accept flow from offsite property, etc.), the following shall apply:
a. Drainage from only one lot shall flow through only one other lot. b. A drainage easement shall be provided/obtained over the lot accepting the drainage.
c. The drainage shall be contained within either a concrete/rock lined swale or a reinforced concrete pipe.
d. The drainage facility shall be designed with excess capacity to account for the probable lack of necessary maintenance. Therefore, it shall be designed to convey two times the runoff from a 100-year storm with the minimum diameter for a pipe being 12 inches.

SECTION 5: Chapter 15.07 is hereby added to Title 15 of the Colton Municipal Code to read as follows:

“CHAPTER 15.07

RESIDENTIAL BUILDING CODE

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Sections:

15.07.010 Section 1.8.8 of Chapter 1, Division I amended – Board of appeals.

15.07.020 Section R105.2 of Chapter 1, Division II amended – Work exempt from permit.

15.07.030 Section R105.5 amended – Expiration.

15.07.040 Section R113.1 and R113.2 of Chapter 1, Division II amended Violations.

15.07.050 Section R301.2.1 amended – Wind limitations.

15.07.060 Section R401.4.1 amended – Geotechnical evaluation.

15.07.070 Section R902.1 amended – Roofing covering materials.

15.07.080 Section Appendix Chapter Adopted.

15.07.010 Section 1.8.8 of Chapter 1, Division I amended – Board of appeals.

Section 1.8.8 of Chapter 1, Division I of the California Residential Code is hereby amended to read as follows:

1.8.8.1 General.

In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction.

15.07.020 Section R105.2 of Chapter I, Division II amended – Work exempt from permit.

Section 105.2 of the California Residential Code is hereby amended by amending item 2 and 3 and adding a new item 11 to read as follows:

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2 Chain-link, plastic, Vinyl, masonry, Wood, wrought iron and concrete fences not over 4 feet in height above the lowest adjacent grade unless supporting a surcharge or impounding class I, II or III-A liquids
3 Retaining walls that are not over 2 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids

14. Flag pole not to exceed 20 feet in height above ground in a residential lot.

15.06.030 Section R105.5 of Chapter 1, Division II amended – Expiration.

Section R105.5 of the California Residential Code is hereby amended by adding a sentence at the end of the section to read as follows:

15.07.040 Section R113.1 and R113.2 of Chapter I, Division II – amended – Violations.

Section R113.1 and R113.2 of Chapter 1, Division II of the California Residential Code is hereby amended to read as follows:

R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

R113.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

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15.07.050 Section R301.2.1 Amended – Wind design criteria.

Section R301.2.1 of the California Residential Code is hereby amended by adding a sentence at the end of the section to read as follows:

For the City of Colton, new structures shall be designed for a minimum wind speed V-ult’ of 110 miles per hour

15.07.070 Section R902.1 Amended - Roofing covering materials.

Section R902.1 of the California Residential Code is hereby amended to read as follows:

Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Minimum Roof Covering Classification for different types of construction for new buildings, re roofs or additions except for the construction of roofs in very High Fire Hazard Zones.

IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A B* B* B*
*See Section 902.1.1 for Class A Roof Coverings in Very-High Fire Hazard Severity
The remaining section of the code remains the same.

15.07.080 Appendices Adopted.

Appendices A, B, C, D, E, F, I, K, L, M, N, O, P, Q, R, & U of the California Residential Code are hereby adopted.

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SECTION 6: Chapter 15.08 is hereby added to Title 15 of the Colton Municipal Code to read as follows:

"CHAPTER 15.08

MECHANICAL CODE

Sections:

15.08.010 Section 108.1 of Chapter 1, Division II amended – General.

15.08.020 Section 114.2 of Chapter 1, Division II amended - Permit fees.

15.08.030 Section 114.3 of Chapter 1, Division II amended - Plan review fees.

15.08.040 Table 114.1 of Chapter 1, Division II deleted – Mechanical permit fees.

15.09.050 Appendix Chapters Adopted.

15.08.010 Section 108.1 of Chapter 1, Division II amended - General.

Section 108.1 of the California Mechanical Code is hereby amended to read as follows:
108.1 General.

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decisions and findings in writing to the appellant with a duplicate copy to the Building and Safety Services Director.

15.08.020 Section 114.2 of Chapter 1, Division II amended - Permit fees.

Section 114.2 of the California Mechanical Code is hereby amended to read as follows:
114.2 Permit Fees.

The fee for each permit shall be as established by Resolution of the City Council.

15.08.030 Section 114.3 of Chapter 1, Division II amended - Plan review fees.

Section 114.3 of the California Mechanical Code is hereby amended to read as follows:

114.3 Plan Review Fees.

When Section 114.2 requires submittal documents, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth by Resolution of the City Council.

Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged.

15.08.040 Table 114.1 Deleted - Mechanical permit fees.

Table 114.1 Mechanical Permit Fees of the California Mechanical Code is hereby deleted.”

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15.09.050 Appendix Chapters Adopted.

Appendices B, C, D, E, F, and G, of the California Mechanical Code are hereby adopted.

SECTION 7: Chapter 15.09 is hereby added to Title 15 of the Colton Municipal Code to read as follows:

"CHAPTER 15.09

PLUMBING CODE

Sections:

15.09.010 Section 102.3 of Chapter 1, Division II amended – Board of appeals.

15.09.020 Section 103.4 amended - Permit fees.

15.09.030 Section 103.4.1 amended - Plan review fees.

15.09.040 Table 103.4 deleted - Plumbing permit fees.

15.09.050 Appendix Chapters Adopted.

15.09.060 Section 609.3.1 added – Copper tubing.

15.09.070 Section 701.1 amended – ABS and PVC materials.

15.09.080 Section 701.1 amended – ABS and PVC materials for residential construction.

15.09.010 Section 102.3 of Chapter 1, Division II amended – Board of appeals.

Section 102.3 is hereby added to the California Plumbing Code read as follows:

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102.3. Board of appeals
In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.

15.09.020 Section 103.4 amended - Permit fees.

Section 103.4 of the California Plumbing Code is hereby amended to read as follows:
103.4 Permit Fees.

The fee for each permit shall be as established by Resolution of the City Council.

15.09.030 Section 103.4.1 amended - Plan review fees.

Section 103.4.1 of the California Plumbing Code is hereby amended to read as follows:
103.4.1 Plan Review Fees.

When a plan or other data is required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth by Resolution of the City Council.

Where plans are incomplete or changed so as to require additional review, an additional review fee shall be charged.

15.09.040 Table 103.4 deleted - Plumbing permit fees.

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Table 103.4 of the California Plumbing Code is hereby deleted.

15.09.050 Appendix Chapters Adopted.

Appendices chapters A, B, C, D, G, H, I, J, and K. In the California plumbing Code are hereby adopted.

15.09.060 Section 609.3.1 of Chapter 6 added – Copper tubing.

Section 609.3.1 is hereby added to Section 609.3.1 of the California Plumbing Code to read as follows:
609.3.1 Copper tubing serving plumbing fixtures within dwelling unit shall be installed without joints and the installation shall satisfy the following requirements.
(1) The copper tubing shall be installed within a watertight continuous sleeve that prevents direct contact between the copper tubing and under- slab soils.
(2) During construction the protective sleeve shall be capped at both ends until the copper tubing is installed and released for service.

SECTION 8: Chapter 15.10 is hereby added to Title 15 of the Colton Municipal Code to read as follows:

"CHAPTER 15.10

ELECTRICAL CODE

Sections:

15.10.010 Section 80.15 of Annex H Adopted and amended – Board of appeals.

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15.10.010 Section 80.15 of Annex H amended and approved– Board of appeals.

Section 80.15 Annex H of the California Electrical Code is hereby amended to read as follows:

80.15. Board of appeals.

SECTION 9: Chapter 15.11 is hereby added to Title 15 of the Colton Municipal Code to read as follows:

CHAPTER 15.11

GREEN BUILDING CODE

15.11.10 Section 4.106.4 and 5.106.5.3 Electric Vehicle Charging Stations \
Sections: 15.11.010

15.11.010 is hereby added to Title 15 of the Colton Municipal Code to read as follows:

Section 15.11.010: Expedited, streamlined permitting process for electric vehicle charging stations as required by Government Section 65850.7

15.11.010 - Intent and purpose.

The intent and purpose of this section is to adopt an expedited, streamlined electric vehicle charging systems to achieve timely and cost -effective

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installations of electric vehicle charging systems. This Chapter is designed to encourage the use of electric vehicle charging systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install electric vehicle charging systems. This section allows the City to achieve the se goals while protecting the public health and safety.

15.11.020. Expedited Review and Process
Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug- In Electric Vehicle Infrastructure Permitting Checklist ” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook ” published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.

15.11.030. Electronic Submittals
Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applicati ons covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

15.11.040. Association Approval

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Consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

15.11.040. Permit Application Processing
A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permi t application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

15.11.050. Technical Review
It is the intent of this Section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher pr iority life- safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the

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public health or safety, as defined in Government Code 65850.7, the City may require the applicant to apply for a use permit

SECTION 10: Chapter 15.12 is hereby added to Title 15 of the Colton Municipal Code to read as follows:

“CHAPTER 15.12

CALIFRNIA ENERGY EFFICICNCY STANDARDS

Sections:

15.12.010 [Reserved for future amendments.]

15.12.010 Section [Reserved for future amendments.]”

SECTION 11: Chapter 15.12 is hereby added to Title 15 of the Colton Municipal Code to read as follows:

“CHAPTER 15.13

HISTORICAL BUILDING CODE
Sections:

15.13.010 [Reserved for future amendments.]

15.13.010 Section [Reserved for future amendments.]”

SECTION 12: Chapter 15.13 is hereby added to Title 15 of the Colton Municipal Code to read as follows:

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“CHAPTER 15.14

EXISTING BUILDING CODE

Sections:

15.14.010 [Reserved for future amendments.]

15.14.010 Section [Reserved for future amendments.]”

SECTION 13: Chapter 15.16 of Title 15 of the Colton Municipal Code is hereby amended to to read as follows:
“Chapter 15.16

CALIFORNIA FIRE CODE
Sections:

15.16.030. - Section 101.1 Amended - Administration.

15.16.035. - Section 103.2 amended.

15.16.040. - Section 104 amended.

15.16.050. – Section 105.6 amended.

15.16.060. – Section 110.4 amended.

15.16.070. – Section 112.4 amended.

15.16.075. – Section 202 amended.

15.16.080. – Section 304.1.2 amended.

15.16.090. – Section 305 amended.

15.16.091. – Section 307 amended.

16.16.092. – Section 308 amended.

15.16.096. – Section 322 added.

15.16.100. – Section 506.2.1 amended.

15.16.110. – Section 503.2.1.1 added.

15.16.120. – Section 503.2.7 amended.

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15.16.130. – Section 503.4 amended.

15.16.140. – Section 505.1 amended.

15.16.150. – Section 507.5.1 amended.

15.16.160. – Section 509.2.1 added.

15.16.180. – Section 903.2 amended.

15.16.240. – Section 903.2.2 amended.

15.16.250. – Section 903.2.3 amended.

15.16.260. – Section 903.2.4 amended.

15.16.270. – Section 903.2.4.1 amended.

15.16.275. - Section 903.2.4.2 added - Group F-2.

15.16.280. – Section 903.2.8 amended.

15.16.290. – Section 903.2.7 amended.

15.16.300. – Section 903.9.1 amended.

15.16.305. – Section 903.2.9.2 amended.

15.16.310. – Section 903.2.10 amended.

15.16.320. – Section 903.2.10.1 amended

15.16.330. – Section 903.2.11.1 amended.

15.16.340. – Section 903.2.11.3 amended.

15.16.350. – Section 903.2.21 added.

15.16.360. – Section 903.3.1.3 amended.

15.16.370. – Section 903.3.5.3 added.

15.16.380. – Section 903.4 amended.

15.16.382. – Section 905.4 amended.

15.16.385. – Section 2404.1 amended.

15.16.390. – Section 2810.6 amended.

15.16.400. – Section 2810.7 amended.

15.16.410. – Section 2810.8 amended.

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15.16.420. – Section 2810.8.1 added.

15.16.425. – Section 3201.1 amended.

15.16.430. – Section 4906.3 amended.

15.16.440. – Section 4908 added.

15.16.450. – Section 5001.5.2 amended.

15.16.460. – Section 5601.3.6 added.

15.16.470. – Section 5608.2 added.

15.16.480. – Section 5614 added.

15.16.490. – Section 5704.2.3.2 amended.

15.16.500. – added. Establishment of limits required by the Fire Code.

15.16.520. – Section 8.3.3.1 NFPA 13, 2016 Edition, amended.

15.16.530. – Section 8.15.1.2.7 NFPA 13, 2016 Edition amended.

15.16.240. – Section 11.1.1.1 NFPA 13, 2016 Edition added.

15.16.550. – Section 4.1.3 NFPA 13, 2016 Edition added.

15.16.570. - Section 4.1.3.2 NFPA 13, 2016 Edition added

15.16.580. – Section 4.1.3.3 NFPA 13, 2016 Edition added

15.16.590. – Section 4.1.3.4 NFPA 13, 2016 Edition added.

15.16.600. – Section 47.1.2 NFPA 13, 2016 Edition amended.

15.16.610. – Section 7.3.1.1 NFPA 13, 2016 Edition amended.

15.16.620. – Section 6.1.1.4 NFPA 13, 2016 Edition amended.

15.16.630. – Section 6.3.3 NFPA 13, 2016 Edition amended.

15.16.640. – Section 10.1.5 NFPA 13, 2016 Edition added.

15.16.650. – Section 10.4.1.1 NFPA 13, 2016 Edition amended.

15.16.660. – Section 10.3.6.1 NFPA 13, 2016 Edition added.

15.16.670. – Section 10.6.3.1 NFPA 13, 2016 Edition amended.

15.16.680. – Section 10.4.3.1.1 NFPA 13, 2016 Edition amended.

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15.16.030. – Section 101.1 amended.

Chapter 1 Scope and Administration is adopted in its entirety with the following amendments:

Section 101.1 Title of the California Fire Code is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Colton,
Hereinafter referred to as “this code.”

15.16.035. – Section 103.2 amended.

Section 103.2 Appointment of the California Fire Code is hereby amended to read as follows:
103.2 Appointment. The fire code official shall be appointed by the chief appointing authority of the jurisdiction.

15.16.040. – Section 104 amended.

Section 104 General Authority and Responsibilities of the California Fire Code is hereby amended by adding the following:

104.1.1 Citations. The fire code official and his or her designees are authorized to issue a citation to persons operating or maintaining an occupancy, premises, or vehicle subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so.
104.12 Cost Recovery. Fire Suppression, Fire Prevention, Investigations, Rescue, or Emergency Medical Costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1.

15.16.050. – Section 105.6 amended.

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Section 105.6 Required Operational Permits of the California Fire Code is hereby amended by adding the following subsections:

105.6.3.1 Battery Systems. An operational permit is required for a stationary storage battery system as regulated by Section 608 of the California Fire Code.
105.6.15.1 Fixed Hood and Duct Extinguishing Systems. An operational permit is required to utilize commercial cooking appliances, as defined in Section 202, with a fixed hood, duct, and cooking appliance fire extinguishing system.

105.6.33.1 Pallet Yards. An operational permit is required to store, manufacture, refurbish or otherwise handle >200 cubic feet of combustible pallets at one site.

15.16.060. – Section 112.4 amended.

Section 112.4 Violation penalties of the California Fire Code is hereby revised as follows: Infraction, Misdemeanor, as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of either a misdemeanor, infraction or both as prescribed in Section 110.4.2 and 110.4.3. Penalties shall be punishable by such fines and penalties as described in Chapter 8.12 of the Colton Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Sections 112.4.2 Infraction is hereby added as follows:

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112.4.2 Infraction. Except as provided in Section 110.4.3, persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Sections 112.4.3 Misdemeanor is hereby added as follows:
112.4.3 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor:
104.11.2 - Obstructing operations
104.11.3 - Systems and Devices
108.6 - Overcrowding
110.3.2 - Compliance with Orders and Notices
112.4 - Failure to comply
305.4 - Deliberate or negligent burning
308.1.2 - Throwing or placing sources of ignition
310.7 - Burning Objects
3107.4 - Open or exposed flames

15.16.070. – Section 113.4 amended.

Section 112.4 Stop Work Order of the California Fire Code is hereby amended to read as follows:
113.4 Failure to Comply. Any person who shall continue any work after having being served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for penalties as described in Chapter 8.12 of the Colton Municipal Code.

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Chapter 2
Definitions

Chapter 2 Definitions of the California Fire Code is adopted in its entirety with the following amendments:

15.16.075. – Section 202 amended.

Sections 202 General Definitions is hereby revised by adding “Flow- line” and “Hazardous Fire Area,” as follows:

202 General Definitions

FLOW-LINE. The lowest continuous elevation on a curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.

GROUND COVER. A plant that naturally grows close to the ground and does not exceed 18 inches in height at full maturity.

HAZARDOUS FIRE AREA. Includes all areas identified within Section 4906.2 and other areas as determined by the Fire Code Official as presenting a fire hazard due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation.

Chapter 3
General Requirements

Chapter 3 General Requirements is adopted in its entirety with the following amendments:

15.16.080. Section 304.1.2 amended.

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Section 304.1.2 Vegetation of the California Fire Code is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49 and City of Colton Vegetation Management Guidelines. If a fire hazard is determined to exist, by the fire code official or his or her designee, the fire code official may give notice to the owner of the property upon which a hazardous condition exists to abate such condition.

If abatement is not performed within the time frames granted by such notices or other written documentation, the fire code official may cause abatement to be done in accordance with public nuisance abatement procedures and make the expense of such abatement a lien upon the property at which such condition exists.

15.16.090. Section 305 amended.

Section 305.6 Outdoor fires is hereby amended by adding the following subsections:

305.6 Outdoor fires. Outdoor fires shall be in accordance with Sections 305, 307, and 308 and with other applicable sections of this code. 305.6.1 Where prohibited. Outdoor fires shall not be built, ignited or maintained in fuel modification areas, Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or Special Fire Protection Areas (SFPA) or other locations where conditions could cause the spread of fire to the WRA, SFPA or FHSZ, except by permit from the fire code official.

Exceptions: A permit is not required for the following:

1. Fires in approved outdoor or portable fireplaces, fire pits, fire rings and similar devices at Group R occupancies that are installed and used in accordance with this code.

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2. Outdoor fires at inhabited premises or official organized campsites or parks when located in a permanent or portable barbeque or grill, incinerator, or outdoor fireplace located at least 30 feet from combustible vegetation.

3. Installations or uses approved by the fire code official.

305.6.1.1 Fuel Modification Areas. Outdoor fires using wood or other solid fuel shall not be built, ignited or maintained in a fuel modification area.

305.6.1.2 Supervision. Where a permit is issued or when allowed under the exceptions of Section 305.6.1, such fires shall be supervised by a person 18 years of age or older.

305.6.2 Hazardous conditions. Outdoor fires are not allowed when predicted sustained winds exceed 8 MPH during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

305.6.3 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

15.16.091. Section 307 amended.

Section 307 OPEN BURNING; RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby amended as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE

PITS, FIRE RINGS, AND OUTDOOR FIREPLACES

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307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques grills and other portable devices intended solely for cooking.

Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby added as follows:

307.6.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in

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devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Section 307.6.2.1 Where prohibited is hereby added as follows:

307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

15.16.096 Section 324 added.

Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:

324 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in areas with or adjacent to land having hazardous combustible vegetation shall comply with the requirements in the edition of City of Colton Vegetation Management Guidelines currently in use at the time of plan submittal.

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Section 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 326 Unusual Circumstances is hereby added as follows:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Section 327 Use of Equipment is hereby added as follows:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 325.1 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

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1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition Section 327.1 Spark Arresters is hereby added as follows:
327.1 Spark arresters. Spark arresters shall comply with the following:

1. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service.

2. Spark arresters affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

Section 328 Restricted Entry is hereby added as follows:
328 Restricted entry. The fire code official shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited.

Exceptions:

1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or being upon their lands.

2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.

Section 329 Trespassing on posted property is hereby added as follows:
329 Trespassing on posted property. When the fire code official determines that a specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the density of natural

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growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.

1. Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area.

2. Trespassing. Entering and remaining within areas closed and posted is prohibited.

Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.

Chapter 4
Emergency Planning and Preparedness

Chapter 4: Emergency Planning and Preparedness Adopt only the Sections listed below:

1. 401-401.9

2. 402

3. 403.1

4. 403.2

5. 403.4-403.4.4

6. 403.10.2.1.1

7. 403.10.6

8. 403..12 – 403.12.3

9. 404.5– 404.6.6

10. 407

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Chapter 5
Fire Service Features

Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:

15.16.105 Section 501.1 amended.

501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and the City of Colton Guideline for Fire Department Access & Water Requires for Commercial & Residential Development, and the City of Colton Guideline for Underground Piping for Private Hydrants & Sprinkler Supply Line.
(Ord. No. O-15-19 , § 13, 11-19-2019)

15.16.110 Section 503.2.1.1 added.

Section 503.2.1.1 Hazardous Fire Area is added as follows:
503.2.1.1 Hazardous Fire Areas. In Hazardous Fire Areas, the minimum fire apparatus road width shall be 28 feet (8530 mm). The width shall be maintained to an approved point outside of the Hazardous Fire Area.

Exception: When the road serves no more than three dwelling units and the road does not exceed 150 feet in length, the road width may be 24 feet (7300 mm). This length may be increased to 400 feet where serving no more than three dwelling units and all structures accessed from the roadway are protected by automatic fire sprinklers.
( Ord. No. O-15-19 , § 13, 11-19-2019)

15.16.120 Section 503.2.7 amended.

Section 503.2.7 Grade of the California Fire Code is hereby amended to read as follows:

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503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus to a maximum of twelve percent (12%), unless mitigating protection measures are applied and approved by the fire code official.
( Ord. No. O-15-19 , § 13, 11-19-2019)

15.16.130. Section 503.4 amended.

Section 503.4 Obstruction of fire apparatus access roads of the California Fire Code is hereby amended to read as follows:
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. Any condition that serves as an impediment to fire access, or any vehicle or other obstruction to fire access may be removed at the order of the Fire Department or other governing agency in cooperation with the Fire Department, with the expense of such removal to be paid by the owner of the roadway, or of said vehicle or obstruction.
( Ord. No. O-15-19 , § 13, 11-19-2019)

15.16.140 Section 504.5 amended.

Section 504.5 SECTION 504.5 Escape Windows is added as follows:
504.5 Escape window access. Where escape windows are required by Section 1031.2, fire department access shall be provided to the escape window. An unobstructed setback area shall be provided. The minimum setback distance shall be calculated ((H/5)+2)+P= Clear space required.

Where:

H = Height of the windowsill measured from the exterior ground surface P = 3’ ladder pad

15.16.145 Section 504.5 .1 Ladder Pad is added as follows:

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504.5.1 Ladder Pad. Where a laddering pad is required, it shall be free of obstructions and vegetation for a minimum of 3-foot x 3-foot area. The laddering pad shall be a firm surface such as compacted decomposed granite, concrete, pavers, or asphalt. The laddering pad shall be placed at a distance from the structure as calculated by Section 504.5.

15.16.150 Section 507.5.1 amended.

Section 507.5.1 Where required of the California Fire Code is amended to read as follows:
507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exception:

1. For Group R-3 and Group U occupancies, the distance requirement shall be 400 feet.

This distance may be further modified by the fire code official for such occupancies when buildings are equipped throughout with an approved fire sprinkler system installed in accordance with Sections 903.3.1.1, 903.3.1.2, or 903.3.1.3.
( Ord. No. O-15-19 , § 13, 11-19-2019)

15.16.160 Section 509.2.1 added.

Section 509.2.1 Access to equipment in multi-unit buildings is hereby added to read as follows:
509.2.1 Access to equipment in multi-unit buildings. When automatic fire sprinkler systems or fire alarm systems are installed in buildings constructed for multiple tenants and these systems protect multiple tenant spaces, the main controls and control appurtenances, such as risers, fire alarm control panels, and valves for such systems, shall be located in an attached or included room or an approved weather resistant enclosure with at least one exterior access door of not less than 3'-0" by 6'-8".

Chapter 6

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Building Services and Systems

Chapter 6 Building Services and Systems is adopted in its entirety without amendments.

Chapter 7
Fire and Smoke Protection
Chapter 7 Fire and Smoke Protection is adopted in its entirety without amendments.

Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety without amendments.

Chapter 9
Fire Protection and Life Safety Systems

Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:

15.16.190 Section 903.2 amended as follows.

903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section as follows:
b) New buildings: In addition to the requirements of section 903.2.1 through 903.2.21, approved automatic sprinkler systems in new buildings and structures shall be provided.

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Exception:

1. Group R-3, occupancies shall comply with sections 903.2.8

2. When approved by the fire code official.
c) Alteration: When the floor area of the alteration within any two-year period exceeds 50% of area of the existing structure. d) Addition: Sprinkler protection shall be provided throughout the entire building when:

1. Existing buildings: Where 33% or more is added and the gross floor areas exceeds 5,000 ft2.

2. Existing building equal or greater than 5,000 ft2: where more than 2,000 ft2 is added.

15.16.195. Section 903.2.8 amended as follows.

903.2.8. Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
a) New buildings: An automatic sprinkler system shall be installed throughout all new buildings.
b) Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

1. When an addition is 33% or more of the existing building area, as defined in Section 502.1, or greater than 1000 square feet (92.903 m2 ) within a two-year period; or

2. An addition when the existing building is already provided with automatic sprinklers; or

3. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building/Fire Code Official determined that the complexity of installing a sprinkler system would be similar as in a new building.

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15.16.370 Section 903.3.5.3 added.

Section 903.3.5.3 hydraulically calculated systems are hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity
Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3

15.16.380. Section 903.4 amended.

Section 903.4 of the California Fire Code is hereby amended to read as follows:

Section 903.4, Sprinkler system supervision and alarms, is hereby amended by modifying item 1, deleting item 5, and renumbering the Exceptions as follows:

7. Automatic sprinkler systems protecting one- and two-family dwellings.

8. Limited area systems serving fewer than 20 sprinklers.

9. Automatic sprinkler systems installed in accordance with NFPA 13R where the common supply main is used to supply both the domestic and automatic sprinkler system, and a separate shutoff valve for automatic sprinkler system is not provided.

10. Jockey pump control valves that are sealed or locked in the open position.

11. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.

12. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position.

15.16.382. Section 905.4 amended.

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Section 905.4 Location of Class I standpipe hose connections is hereby amended by adding items 7 as follows:

905.4 Location of Class I standpipe hose connections are hereby revised to include number 7 as follows:

7. The centerline of the 2.5-inch (63.5 mm) outlet shall be no less than 18 inches (457.2 mm) and no more than 24 inches above the finished floor.

15.16.383 Section 912.2 Location of the Fire Department Connection (FDC) is hereby revised as follows:

912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connection shall be located within 100 feet of a public fire hydrant. The fire hydrant that supports the FDC shall be on the same side of the street.

A vehicle access roadway/approach shall not be placed between the FDC and fire hydrant.

Chapter 10
Means of Egress

Chapter 10 Means of Egress is adopted in its entirety without amendments

Chapter 11
Construction Requirements for Existing Buildings

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Chapter 11 Construction Requirements for Existing Buildings. Adopt only those Sections and Subsections listed below:

1. 11.3.3.3

2. 1103.7

3. 1103.7.3

4. 1103.7.3.1

5. 1103.7.8 – 1103.7.8.2

6. 1103.7.9 – 1103.7.9.10

7. 1103.8 – 1103.8.5.3

8. 1103.9.1

9. 1107

10. 1113

11. 1114

12. 1115

13. 1116

Chapter 12
Energy Systems

Chapter 20
Energy Systems is adopted in its entirety without amendments:

15.16.384 Section 1205.2 Access and Pathways.

Exception 3. Building-Integrated Photovoltaic (BIPV) systems where the BIPV systems are approved, integrated into the finished roof surface and are listed in accordance with a national test standard developed to address Section 690.12(B)(2) of the California Electrical Code. The removal or cutting away of portions of the BIPV system during firefighting operations shall not expose a firefighter to electrical shock hazard and smoke ventilation opportunity areas have been identified.

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Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety without amendments:

Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety without amendments.

Chapter 22
Combustible Dust-Producing Operations
Chapter 22 Combustible Dust-Producing Operations is adopted in its entirety without amendments.

Chapter 23
Motor Fuel-Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety without amendments.

Chapter 24
Flammable Finishes
Chapter 24 Flammable Finishes is adopted in its entirety with the following amendments.

15.16.385. Section 2404.1 amended.

Section 2404.1 General. is hereby amended as follows:

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Section 2404.1 General. The application of flammable or combustible liquids by mean of spray apparatus in continuous or intermittent processes shall be in accordance with the requirements of Sections 2403 and 2404.2 through 2404.9.4 and Colton Fire Department Spray Booth Guidelines.

Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is adopted in its entirety without amendments.

Chapter 26
Fumigation and Thermal Insecticidal Fogging
Chapter 26 Fumigation and Thermal Insecticidal Fogging is adopted in its entirety without amendments.

Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety without amendments

Chapter 28
Lumber Yards and Agro-Industrial, solid Biomass and Woodworking Facilities

Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass, and Woodworking Facilities is adopted in its entirety with the following amendments:

15.16.390. Section 2810.6 amended.

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Section 2810.6 of the California Fire Code is hereby amended to read as follows:

2810.6 Clearance to property line. Stacks of pallets shall not be stored within 26 feet of property lines.

15.16.400. Section 2810.7 amended.

Section 2810.7 of the California Fire Code is hereby amended to read as follows:
2810.7 Clearance to important buildings. Stacks of pallets shall not be stored within 26 feet of any important building, as determined by the fire code official, on site.

15.16.410. Section 2810.8 amended.

Section 2810.8 of the California Fire Code is hereby amended to read as follows:

2810.8 Height. Stacks of pallets shall not exceed 16 feet in height.

15.16.420. Section 2810.8.1 added.

Section 2810.8.1 of the California Fire Code is hereby added to read as follows:

2810.8.1 Width, length, and pile separation. Stacks of pallets shall not exceed

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20 feet in width, 25 feet in length, and pallet stacks shall be separated by a minimum width of 20 feet.

15.16.421 Chapter 28 amended.

Chapter 28 of the California Fire Code is hereby amended by adding the following:

2811 Pallet Storage Yards
2811.1 Storage location. Pallets shall be stored outside or in a separate building designed for pallet storage unless stored indoors in accordance with Section 2810.3.
2811.2 Outdoor storage. Pallets stored outside shall be stored in accordance with the following:

1. Stored in an orderly manner not to exceed 16 feet in height, 20 feet in width and 25 feet in length;

2. Pile separation shall be a minimum of 20 feet and no closer than 26 feet to property lines or exposures.

Chapter 29
Manufacture of Organic Coatings
Chapter 29 Manufacture of Organic Coatings is adopted in its entirety without amendments.

Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety without amendments.

Chapter 31

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Tents, Temporary Special Event Structures and Other Membrane Structures Chapter 31 Tents, Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety without amendments.

Chapter 32
High-Piled Combustible Storage
Chapter 32 High-Piled Combustible Storage is adopted in its entirety with the following amendment.

15.16.425. Section 3201.1 amended with the addition of #7.

Section 3201.1 Scope is hereby revised by adding Section “(7)” as follows:
(7) High-piled combustible storage shall be in accordance with Colton Fire
Department High-Piled Combustible Storage Guidelines.

Chapter 33
Fire Safety During Construction and Demolition
Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety without amendments.

Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety without amendments.

Chapter 35
Welding and Other Hot Work

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Chapter 35 Welding and Other Hot Work is adopted in its entirety without amendments.

Chapter 36
Marinas
Chapter 36 Marinas is not adopted.

Chapter 37
Combustible Fibers
Chapter 37 Combustion Fibers is adopted in its entirety without amendments:

Chapter 39
Processing and Extraction Facilities

Chapter 39 Processing and Extraction Facilities is adopted in its entirety without amendments:

Chapter 40
Storage of Distilled Spirits and Wines

Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety without amendments:

Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations

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Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety without amendments.

Chapter 49
Requirements for Wildland-Urban Interface Fire Areas
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendments:

15.16.430. Section 4906.2 amended.

Section 4906.2 Requirements. is hereby revised by as follows:
4906.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with Sections 4906.3 through 4906.5.3 and City of Colton Vegetation Management Guidelines.

15.16.435 Section 4906.4.2.1 Non-fire-resistant vegetation. is hereby revised by as follows:
4906.4.2.1 Non-fire-resistant vegetation. New trees not classified as fire- resistant vegetation, such as conifers, palms, pepper trees and eucalyptus species, shall not be permitted within fuel modification zones.

15.16.440. Section 4911 added.

Section 4911 Fuel Modification Requirements for New Construction is hereby added as follows:
4911 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in hazardous fire areas shall comply with the following:

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1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

2.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification for perpetuity.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of the City of Colton Vegetation Management Guidelines.

4. The fuel modification plan may be altered if conditions change.

Any alterations to the fuel modification areas shall have prior approval from the fire code official.

5. City of Colton Vegetation Management Guidelines.

6. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

Chapter 50
Hazardous Materials – General Provisions

Chapter 50 Hazardous Materials – General Provisions is adopted in it’s entirety with the following amendments.

15.16.450. Section 5001.5.2 amended.

Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby amended by modifying the starting paragraph as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Colton Fire Department Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification

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Packet shall include the following information and formatted as specified in the Colton Fire Department Chemical Classification Packet:

1. Product Name

2. Component

3. Chemical Abstract Service (CAS) number

4. Location where stored or used.

5. Container size

6. Hazard classification

7. Amount in storage

8. Amount in use-closed systems

9. Amount in use-open systems.

Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety without amendments.

Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety without amendments.

Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety without amendments.

Chapter 55

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Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety without amendments.

Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks California Fire Code Chapter 56 is adopted in its entirety with the following amendments:

15.16.460. Section 5601.3.6 added.

Section 5601.3.6 Seizure of Fireworks is hereby added as follows:

5601.3.6 Seizure of Fireworks. The fire code official shall have the authority to seize, take, remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 CCR, Chapter 6.

Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law.

15.16.470. Section 5608.2 added.

Section 5608.2 Firing is hereby added as follows:

5608.2 Firing. All fireworks displays shall be electrically fired.

15.16.480 Section 5614 added.

Section 5614 Explosives and blasting is hereby added as follows:

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5614 Explosives and blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within wildland-urban interface areas or hazardous fire areas except by permit from the fire code official. The storage of explosives and blasting agents is prohibited in residential areas, principal business districts, closely-built commercial areas and heavily-populated areas, except as permitted by local City or County ordinances with the Approval of the Fire Department.

Chapter 57
Flammable and Combustible Liquids

Chapter 57 Flammable and Combustible Liquids is adopted in its entirety with the following amendments.

15.16.490 Section 5704.2.3.2 amended.

Section 5704.2.3.2 Label or placard is hereby amended by modifying the NFPA standard as follows:

5704.2.3.2 Label or placard. Tanks more than 100 gallons (379 L) in capacity, which are permanently installed or mounted and used for the storage of Class I, II or III liquids, shall bear a label and placard identifying the material therein. Placards shall be 3” red letters on white background and made of durable materiel.

15.16.500 Section 5707 On Demand Mobile Fueling Operations hereby amended as follows

Sections 5707.1 General. On-demand mobile fueling operations that dispense Class I, II and III liquids into the fuel tanks of motor vehicles shall be prohibited.

Sections 5707.2 through 5707.6 is hereby deleted without replacement.

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Chapter 58 Flammable Gases and Flammable Cryogenic Fluids Chapter 58 Flammable Gases and Flammable Cryogenic Fluids is adopted in its entirety without amendments.

Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety without amendments.

Chapter 60
Highly Toxic and Toxic Materials

Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety without amendments.

Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety without amendments.

Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety without amendments.

Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Chapter 63 Oxidizers, Oxidizing Gases, and Oxidant Cryogenic Fluids is adopted in its entirety without amendments.

Chapter 64
Pyrophoric Materials

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Chapter 64 Pyrophoric Materials is adopted in its entirety without amendments.

Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety without amendments.

Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety without amendments.

Chapter 67
Water-Reactive Solids and Liquids
Chapter 67 Water-Reactive Solids and Liquids is adopted in its entirety without amendments.

Chapter 80
Referenced Standards

Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:

15.16.510 NFPA 13, 2022 Edition, Section 6.7.3 amended.

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12..3.3 is hereby revised as follows:

13.12.3.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2 ½” inlets. The location

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shall be approved and be no more than 100 feet from a public hydrant.

The FDC may be located within 100 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 ½” inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers (6) Standard-response sprinklers used where individual standard- response sprinklers are replaced in existing light hazard systems ( Ord. No. O-15-19 , § 13, 11-19-2019)
Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

Section 19.1.1.1 is hereby added as follows

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19.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure

21.4.1.2.2.1 (d) curve "D". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted.

Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.

Section 11.2.3.1.1.1 is hereby added as follows:

11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available;
3) Utilize the City of Colton water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.

Section 16.9.10.2 is hereby deleted without replacement.

Section 16.9.10.3 is hereby deleted without replacement.

Section 16.9.10.4 is hereby deleted without replacement.

15.16.550 NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 5.1.3 is hereby added as follows:

iii. Stock of Spare Sprinklers
Section 5.1.3.1 is hereby added as follows:

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5.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.

Section 5.1.3.2 is hereby added as follows:

5.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property.

Section 5.1.3.3 is hereby added as follows:

5.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 oF (38oC).

Section 5.1.3.4 is hereby added as follows:

5.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.

Section 7.1.2 is hereby revised as follows:

7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.
c, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby deleted in its entirety and replaced as follows:

7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

15.16.570 NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.9* (3) and (5) is hereby deleted without replacement and (6) and (7) renumbered as follows:

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(5) Control Valves installed in a fire-rated room accessible from the exterior. (6) Control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction.

Section 6.2.9* (2) is hereby revised as follows:
(2) When approved by the fire code official, a wall post indicating valve.

Section 6.3.3 is hereby added as follows:

Section 6.3.3 All post indicator valves controlling fire suppression water supplies shall be painted OSHA red.

Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8-mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use.

Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings

Section 10.3.7 Bolts is hereby added as follows:

10.3.7 Bolts. All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material, prior to poly- tube, and after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.3.1 is hereby deleted and replaced as follows:

10.4.3.1 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.

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Section 10.4.3.1.1 is hereby revised as follows:

10.4.3.1.1 Pipe joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints.

15.16.580. NFPA 13D, 2016 Edition, Section 4.1.3.3 added.

Section 4.1.3.3 is hereby added as follows:

Section 4.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100o F (38o C).

15.16.590. NFPA 13D, 2016 Edition, Section 4.1.3.4 added.

Section 4.1.3.4 is hereby added as follows:

4.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.

15.16.600. NFPA 13D, 2016 Edition, Section 47.1.2 amended.

Section 7.1.2 is hereby revised as follows:

7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary or remote station alarm service.

NFPA 14, 2016 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

15.16.610. NFPA 14, 2016 Edition, Section 7.3.1.1 amended.

Section 7.3.1.1 is hereby deleted in its entirety and replaced as follows:

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Section 7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

NFPA 24, 2022 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

15.16.620. NFPA 24, 2016 Edition, Section 6.1.1.4 amended.

Section 6.1.1.4* (3) is hereby deleted without replacement, (6), and (7) renumbered as follows:
(5) Control Valves installed in a fire-rated room accessible from the exterior.
(6) Control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction.

15.16.630. NFPA 24, 2016 Edition, Section 6.3.3 added.

Section 6.3.3 is hereby added as follows:

Section 6.3.3 All post indicator valves controlling fire suppression water supplies shall be painted OSHA red.

15.16.640. NFPA 24, 2016 Edition, Section 10.1.5 added.

Section 10.1.5 is hereby added as follows:

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Section 10.1.5 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8-mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings

15.16.650. NFPA 24, 2016 Edition, Section 10.4.1.1 amended.

Section 10.4.1.1 is hereby revised as follows:

Section 10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material, prior to poly-tube, and after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

15.16.660. NFPA 24, 2016 Edition, Section 10.3.6.1 added.

Section 10.3.6.1 is hereby added as follows:

Section 10.3.6.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

15.16.670. NFPA 24, 2016 Edition, Section 10.6.3.1 amended.

Section 10.6.3.1 is hereby deleted and replaced as follows:

10.6.3.1. Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be

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304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.

Appendices

15.16.690
Appendix A is deleted in its entirety.

Appendix B is adopted in its entirety with the following amendments.

15.16.690. Appendix B, Table B105.1 (1) amended.

Table B105.1 (1) is hereby revised as follows:

TABLE B105.1 (1)

REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS,
GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

CALCULATION AREA
(square feet) Automatic SPRINKLER SYSTEM (Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute) FLOW DURATION (hours)
0-3,600 No automatic sprinkler system 1,000 1
3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate 0-3,600 Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code 750 3/4
3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code ½ value in Table B105.1(2) but not less than 1500 1
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m

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15.16.700. Appendix B, Table B105.2 amended.

Table B105.2 is hereby revised as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND

TOWNHOUSES
AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE- FLOW (gallons per minute) FLOW DURATION (hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 or Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2) but not less than 1500 Duration in Table B105.1(2) For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m Appendix BB is adopted in its entirety without amendments:

Appendix C is adopted in its entirety without amendments:

Section C103.1 is hereby revised as follows:

C103.1 Hydrant Spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall not exceed 300 feet, measured along the fire department access route. In locations where it is impractical to place a fire hydrant 40 feet from the protected structure the hydrant spacing shall be reduced to 150 feet.

Section C103.2 Average Spacing is hereby deleted without replacement.

Section C103.3 Maximum Spacing is hereby deleted without replacement.

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Appendix CC is adopted in its entirety without amendments:

SECTION 14: Chapter 15.49.140 is hereby amended in Title 15 of the Colton Municipal Code to read as follows:
“15.49.140 Violations; penalty.

Any violations of this chapter shall be deemed a misdemeanor and shall be punished as provided in Section 15.04.010 of this code.”

SECTION 15: Severability. The City Council hereby declares that should any provision, section, paragraph, sentence or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect.

SECTION 16: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The San Bernardino County Sun, a newspaper of general circulation published in the City of San Bernardino.

PASSED, APPROVED AND ADOPTED on this 1ST day of December 2022.

___________________________________
FRANK J. NAVARRO

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Mayor

ATTEST:

__________________________________
CAROLINA R. PADILLA
City Clerk

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CALIFORNIA BUILDING CODE

LOCAL AMENDMENT FINDINGS

I. Climatic Conditions

A. City of Colton is located in a semi -arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 90 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the City. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.

B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the City of Colton Emergency Services ability to respond to a fire or emergency condition. Floods can also disrupt utility services to buildings and facilities within the City.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable.

This necessitates the need for additional and on-site fire protection features.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high -density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire prot ection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical conditions

A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Colton. The elevation change caused by the hills creates the geological foundation on whic h homes within Colton are built and will continue to be built.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Colton.

C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on -site fire - extinguishing systems and other protection measures to protect occupants and property.

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III. Geological Conditions

Colton is a populated area that ha s buildings constructed near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression a ctivities because it is likely to create obstacles similar to those indicated under the high wind section above.

The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on -site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport -Inglewood Fault Zone, page 59), “unfortunately, barel y meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”

B. Road circulation features located throughout Colton also make amendments reasonably necessary.

Located through the city are major roadways, highways, railways, river, and flood control channels that create barriers and have the ability to slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and at times may make an emergency access route impassable.

Due to the topographical conditions of sprawling development separated by flood control ditch’s and narrow and congested streets and the expected infrastructure damage inherent in seismic zone s described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to m atch the current resources of firefighting equipment and personnel within Colton.

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BUILDING & SAFETY
659 N. LA CADENA DR.

COLTON, CA 92324
909-370-5079 – P
[email protected]

Rev. 10/102022

INFORMATION BULLETIN
2022 CALIFORNIA BUILDING CODES
EFFECTIVE JANUARY 01, 2023
www.Coltonca.gov Page 1-3

Why do the codes change?
In compliance with State law, the California Building Standards C ode is revised and updated every three (3) years. The newest edition of the California Building Standards C ode is the 2022 edition with an effective date of January 1, 2023. The City of Colton is required by State law to enforce the new Code.

What is the California Building Standards Code?
The California Building Standards Code (CBSC) is maintained by the California Building Standards Commission (www.bsc.ca.gov) and contains the codes and laws that regulate the construction of all buildings and structures in the State of California. The CBSC is Title 24 of the California Code of Regulations (CCR) and consists of twelve parts: Six (6) parts are authored by the State of California and six (6) parts are based on model codes that are authored by various model code writing bodies.

When is the new 2022 California Building Standards Code effective?

The new 2022 California Building Standards Code will become effective January 1, 2023.  All Over-the-Counter permits issued after January 1, 2023 must comply with the new 2022 California Building Standards Code. (Over-the-Counter permits are those types of permits that do no t require submittal to the Building & Safety plan check process.)  All projects submitted for plan check to Building & Safety after January 1, 2023 must comply with the new 2022 California Building Standards Code.

Can specific sections and/or parts from both the old code and the new code be used in the design and construction of a building or structure? No… A construction project must comply with the code that is applicable to the project. Sections and/or parts from different editions of the codes cannot be used.

Will my construction project be affected by the new 2022 California Building Standards Code?
Yes & No… It depends upon the type of project (Over -the-Counter or submitted for plan check to

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the Department of Building & Safety) and the date of permit issuance or application for plan check. (See the other questions throughout this handout for additional information.)

If a project is submitted for plan check to the Department of Building & Safety prior to January 1, 2023, what codes are applicable to the project? The codes applicable to the project will be the 2016 California Building Standards C ode (2016 California Building Code, 2016 California Residential Code, 2016 California Electrical Code , 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Fire Code, etc.).

Can a project that is submitted for plan check to the Department of Building & Safety prior to January 1, 2023 be reviewed for compliance with the new 2022 California Building Standards Code?
Building & Safety will consider requests to voluntarily utilize the new 2022 California Building Standards Code in lieu of the 2016 California Building Standards Code on a case-by-case basis for projects submitted for plan check before January 1, 2023.

My application to the Planning Division (Design Review, Administrative Site Plan, Conditional Use Permit, etc. ) has been determined to be complete and/or approved prior to January 1, 2023. What codes are applicable to my project? The submittal/approval dates to/from any other City Department/ Division have no bearing on which edition of the California Building Standards Code is applicable to a project. The edition of California Building Standards Code a project must comply with is solely determined by the date of submittal to Building & Safety for plan check.

If my project is submitted to the Building & Safety plan check process prior to January 1, 2023, when will my plan check expire?
Applications for plan check for which a permit is not issued within 180 day s following the date of initial submission shall expire by limitation and become null and void. If the expiration date is after January 1, 2023, a time extension cannot be granted since the new 2022 California Building Standards Code will have become effective.

If my permit was issued under the “old” 2016 California Building Standards Code, when will it expire?

Permits expire by limitation and become null and void, if the building or work authorized by the permit is not commenced within:
 180 days from the date of issuance; or
 If the building or work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 180 days; or
 As specified in Colton Municipal Code Section 15.06.020

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If a permit issued under the “old” 2019 California Building Standards Code expires, a time extension cannot be granted, and a new permit will need to be obtained to complete the building or work. Before a new permit can be issued the plans must be updated to comply with the new 2022 California Building Standards Code, and submitted for plan check and approved by Building & Safety.

If my project was permitted under the “old” 2019 California Building Standards Code and I need to revise my approved plans, which edition of th e codes will be applicable?
The answer to this question is: It depends on the type of revisions being made. A simple minor clarification will n ot trigger the need to revise the plans to comply with the new 2022 California Building Standards Code. A maj or change and/or addition to a project will need to comply with the new 2022 California Building Standards Code. Each specific case will need to be reviewed by Building & Safety Building Official to determine which edition of the California Building Stand ards Code the revisions must comply with.

How can I find out what the changes are from the old code to the new code? By studying the new codes ; by studying the various handbooks, training manuals, code change analyses available; and attending classes an d training seminars on the new codes offered by various professional organizations: www.iccsafe.org, www.iapmo.org; www.CALBO.org, www.icbolabc.org.

Where can I find and/or purchase the new 2022 California Building Codes? The new 2022 CBSC is currently available for purchase from technical book stores or directly from the International Code Council, at www.iccsafe.org.

14. Q: Where can I view the new 2022 California Building Codes? The new 2022 CBC are currently available for viewing on the Building Standards Commission’s website. https://www.dgs.ca.gov/BSC

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ITEM NO. 2

STAFF REPORT

DATE: NOVEMBER 15, 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 NOVEMBER 1, 2022.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on November 1, 2022.

BACKGROUND

Minutes for the City Council Regular Meeting held on November 1, 2022.

FISCAL IMPACTS

None

ATTACHMENT

1. 11-01-2022 FINAL MinRegCouMtng
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2022 NOVEMBER 01 CC/CUA/CPFA/CHA MEETING 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

CLOSED SESSION MINUTES

November 1, 2022

Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.

CITY COUNCIL ROLL CALL
Councilmembers present were Toro (appeared at 5:29 p.m.), Cisneros, Koperski, González, Echevarria, Suchil; and Mayor Navarro.

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

PUBLIC COMMENT
None

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

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City Colton v. CalWest Yards, LLC
San Bernardino County Superior Court, Case No. CIVSB2123916

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

C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager

Mayor Navarro adjourned the meeting to Closed Session at 5:01 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 C losed Session and discussed Items A/B/C; with direction to staff and no reportable action.

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CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

November 1, 2022

Regular Meeting held on the above -given date at 6:0 1 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

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INVOCATION: Pastor Scott Thibodo - Centerpoint Church
FLAG SALUTE: American Legion Post 155 Member Steve Ferrance

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, Mayor Pro Tem
Dr. Luis S. González
John R. Echevarria
Isaac T. Suchil

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Recognition - Hometown Heroes: New Military Banner Installa tion for Alfred Ochoa, a Veteran of the United States Army
Heidi Strutz, Recreation Services Manager, introduced the New Military Banner in the name of Alfred Ochoa; accepted by Alfred Ochoa accompanied by members of his family.

 Proclamation - Family Court Awareness Month
CM Toro read and presented the Proclamation of November 2022 as Family Court Awareness Month.

 Recognition - Economic Development Project Manager Christy Elshof Mayor Navarro presented a Certificate of Recognition to Economic Development Manager, Christy Elshof upon her retirement; accepted by Christy Elshof.

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MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF NOVEMBER 1, 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 an y brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.

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PUBLIC HEARINGS

(1) Annexation into CFD No. 2021-2 (Maintenance)

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TIME AND PLACE FIXED TO CONSIDER PUBLIC HEARING TO APPROVE AND ADOPT

RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF COLTON, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-2 (MAINTENANCE SERVICES) OF THE CITY OF COLTON, INCLUDING: (A) ADOPTION OF RESOLUTION CALLING A SPECIAL ELECTION FOR CFD NO. 2021 -2; (B) CANVASSING OF VOTES FOR THE BALLOT ELECTION TO ANNEX TERRITORY INTO CFD NO. 2021 -2; (C)

ADOPTION OF RESOLUTION CERTIFYING ELECTION RESULTS AND ADDING PROPERTY TO CFD NO. 2021-2 AND; (D) INTRODUCE BY TITLE ONLY ORDINANCE AND NO. O -16-22,

OF THE CITY COUNCIL OF THE CITY OF COLTON ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF COLTON, LEVYING AND APPORTIONING SPECIAL TAX LIEN IN TERRITORY ANNEXED INTO CFD NO. 2 021-2, RESOLUTION NO. R-114-22, R-115-22, AND ORDINANCE NO. O-16-22.

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
Director Tomich, Development Services, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Motion and Second by CM González/CM Suchil to close the public hearing.

Vote: Unanimous

Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:

Director Tomich.

Mayor Navarro asked of the City Clerk as to whether there are any persons registered to vote within Annexation No. 1, of Community Facilities District No. 2021-2, and if so, the number thereof.

City Clerk Padilla responded, NO, the County of San Bernardino Registrar of Voters has certified that there are no registered voters within Annexation No. 1 of Community Facilities District No. 2021-2.

Mayor Navarro asked of the City Clerk if the owner of all of the taxable property in Annexation No. 1 of Communities Facilities District No. 2021-2 has consented to holding the Special Election on November 1, 2022.

City Clerk Padilla responded, YES.

Mayor Navarro asked of the City Clerk if City Clerk concurs that the Special Election be held on November 1, 2022.

City Clerk Padilla responded, YES.

Motion and Second by CM González/MPT Koperski to approve and adopt Resolution No. R-114-22.

Vote: Unanimous

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City Clerk Padilla conducted the special election and stated that the official ballots were opened and that all votes are in favor of the prepositions presented on the ballot.

Motion and Second by CM Echevarria/MPT Koperski to approve and adopt Resolution No. R-115-22.

Vote: Unanimous

Motion and Second by CM Cisneros/CM Suchil to waive full reading, read by title only and introduce Ordinance No. O-16-22.

Vote: Unanimous

(2) 2022 Building Code Adoption

TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-14-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, INCORPORA TING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2, 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA FIRE CODE, INCORPORATING THE “INTERNATIONAL FIRE CODE” 2021 EDITION INCLUDING APPENDICES THERE TO; THE 2022 CALIFORNIA RESIDENTIAL COD E, INCORPORATING THE “INTERNATIONAL RESIDENTIAL CODE” 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2021 EDITION; INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING ANNEXES THERETO; 2022 CALIFORNIA GREEN BUILDING STAN DARDS CODE INCLUDING APPENDICES THERETO; 2022 CALIFORNIA ENERGY EFFICIENCY STANDARDS INCLUDING APPENDICES THERETO; ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH APPENDICES AND AMENDMENTS THERETO. TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS, ORDINANCE NO. O-14-22.

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
Director Tomich, Development Services, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Motion and Second by CM González/CM Cisneros to close the public hearing.

Vote: Unanimous

Council Discussion

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Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:

Director Tomich.

CM Suchil request item continued to address regarding further documentation/clarification as it relates to the Building Code; no objection by Mayor and Councilmembers present.

Motion and Second by CM Suchil/CM Toro to reopen the public hearing.

Vote: Unanimous

Motion and Second by CM Suchil/CM Cisneros to continue the public hearing to December 6, 2022.

Vote: Unanimous

Motion and Second CM Suchil/CM González to reconsider Item 2 continued date of December 6, 2022.

Vote: Unanimous

Motion and Second by CM González/CM MPT Koperski to continue the public hearing to November 14, 2022.

Vote: Unanimous

BUSINESS ITEMS

(3) Ordinance - Commission Appointments - WAIVE FULL READING, READ BY TITLE ONLY AND

PASS FIRST READING OF AN ORDINANCE OF THE C ITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING CHAPTER 2.30 OF TITLE 2 (ADMINISTRATION AND

PERSONNEL) TO ADJUST LOCAL RULES FOR APPOINTMENT TO AND SERVICE ON CITY

APPOINTIVE BOARDS, COMMISSIONS AND COMMITTEES, IN ORDER TO CONFORM TO THE NEW CITY C OUNCIL FORMAT ENACTED BY 2018 MEASURE “R” AND MAKING OTHER TECHNICAL AMENDMENTS, ORDINANCE NO. O-17-22.
[Staff Person: Bill Smith]

Staff Presentation
City Manager Smith presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Motion and Second by CM Suchil/CM Echevarria to waive full reading, read by title only and introduce Ordinance No. O-17-22.

Vote: Unanimous

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PUBLIC COMMENT
The following community members addressed the Council : Mark Russell; Veronica Gonzales; Candy Vasquez; Mark Garcia; Razili Ramirez; Evelyn Lopez; Christine Irish -Ré; Cynthia Calderilla; Steven Figueroa; Bobbie Forbes; Pan Lemos and Israel Fuentes.

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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 4 through 9.

Motion and Second by CM González/CM Cisneros to approve consent calendar Item 4 through 9.

Vote: Unanimous.

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(4) Minutes - Approval of Minutes for the City Council Regular Meeting held on October 18, 2022.

(5) Warrants - Approve voucher numbers 201598 to 201790 dated 09/29/2022 and totaling $3,320,876.76; voucher numbers 201791 to 201952 dated 10/06/2022 and total ing $2,358,650.04; and a payroll disbursement listing dated 09/03/2022 to 09/16/2022 and totaling $1,018,741.49.

(6) City Treasurer's Report - Receive and File City Treasurer's Report for July 2022.

(7) Agreement - Markley Technologies - Approve Contract Amendment between the City of Colton and Markley Technologies.

(8) Purchase - Motorola Systems Application Administrator Managed Services - Approve Amended Agreement with Motorola System Solutions, Inc. For Systems Application Administrator Managed Services.

(9) Resolution - Scoreboard Replacement - Approve and Adopt Resolution Accepting Donation to Improve Baseball Field at Max Lofy Park, RESOLUTION NO. R-106-22.

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 7:42 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium of Fallen Officer Lorenzo Morgan and City of Colton resident Cece Rodriguez.

_________________________________
Carolina R. Padilla
City Clerk

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ITEM NO. 3

STAFF REPORT

DATE: NOVEMBER 15, 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 9/23/2022 TOTALING $51,960.70; VOUCHER NUMBERS 201953 TO 202047 DATED
10/13/2022 AND TOTALING $5,566,097.07; VOUCHER NUMBERS
202048 TO 202182 DATED 10/20/2022 AND TOTALING $848,852.59; AND A PAYROLL DISBURSEMENT LISTING DATED 09/17/2022
TO 09/30/2022 AND TOTALING $894,215.16.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 9/23/2022 totaling $51,960.70; voucher numbers 201953 to 202047 dated 10/13/2022 and totaling $5,566,097.07; voucher numbers 202048 to 202182 dated 10/20/2022 and totaling $848,852.59; and a payroll disbursement listing dated 09/17/2022 to 09/30/2022 and totaling $894,215.16.

BACKGROUND

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

ISSUES/ANALYSIS

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

FISCAL IMPACTS

None.

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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
November 15, 2022

Page 2 ends

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
3 Packet Pg. 98
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

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ITEM NO. 4

STAFF REPORT

DATE: NOVEMBER 15, 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 AUGUST 2022.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

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

ATTACHMENT

1. Treasurer's report Aug 2022.xls.final
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ITEM NO. 5

STAFF REPORT

DATE: NOVEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE CONTRACT FOR ENVIRONMENTAL SERVICES WITH

ECOTIERRA CONSULTANTS AND REIMBURSEMENT

AGREEMENT WITH APPLICANT FOR COLTON TRUCK AND
TRAILER REPAIR ENTITLEMENT APPLICATIONS.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the City Manager to execute a Professional Services Agreem ent (PSA) with EcoTierra Consultants for the $ 59,815.00 to provide environmental services on behalf of TER Investment Group, LLC for Conditional Use Permit and Architectural and Site Plan Review (DAP -001-776 - Colton Truck and Trailer Repair), as per the terms of the PSA, including exhibits attached thereto.

2. Approve Reimbursement Agreement with Nguyen V. Do, TER Investment Group, LLC to fund environmental consulting and associated legal services as needed, for processing entitlements for DAP-001-776.

BACKGROUND

On September 8, 2022, the City received planning application s for two properties owned by the same property owner. The request is to allow a truck and trailer repair facility subject to Conditional Use Permit and Architectural & Site Plan Re view to for construction of a 53,076 square foot truck and trailer repair shop with ancillary uses within the M -2 (Heavy Industrial) Zone, DAP-001-776 (APNs: 0163-141-18 and 19).

As the lead agency for carrying out and approving the proposed project, the City of Colton is responsible for causing the environmental document to be prepared (CEQA Guidelines, Section 5 Packet Pg. 184
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15367). Because the City is the public agency having jurisdiction by law over the project, the environmental document becomes the City’s document to comply with CEQA. Staff, the environmental consultant, and the applicant have agreed to the scope of this proposal.

ISSUES/ANALYSIS

Staff is recommending that one of the City’s pre -qualified environmental consultants, EcoTierra Consultants, be select ed to continue preparation of the Initial Study. All technical analyses associated with the Initial Study will be prepared directly by the consultant and sub -consultants (Traffic/VMT). The consultant’s services will be overseen directly by staff to ensure that content, quality, and timeframe commitments are met.

Staff is also requesting approval of a corresponding Reimbursement Agreement with the applicant to ensure applicant funding of all consultant services, including legal and staff services associated with the project.

The total cost for the environmental services to prepare the Initial Study is $ 68,787.25 (including consultant services at $59,815, plus a 15% administrative fee of $ 8,972.25). Pursuant to the attached reimbursement agreement, the applicant is required to submit the funding required prior to initiation of the contract for services.

FISCAL IMPACTS

The applicant will pay the full amount of the $ 68,787.25 (including the additional planning administrative fee of 15% or $8,972.25). The Conditional Use Permit and Architectural and Site Plan Review application fees have been paid (flat fee). Revenue to fund the contract and associated administrative charges will be deposited in General Fund Developer Reimbursement Revenue Account Number 100-6799-000. Sufficient appropriations are available in the adopted FY2022-23 budget for the contract in General Fund Planning Professional Services Account Number 100-6300-6301-2357-0000-000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1._PSA EcoTierra_DAP-001-776

2. Attachment 2, Reimbursement Agreement DAP-001-776
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CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this ___day of _______, 2022, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and EcoTierra Consulting, with its principal place of business at 5776-D Li ndero Canyon Road #414, Westlake Village, CA 91362 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional environmental consulting services for the Conditional Use Permit and Architectural and Site Plan Review to allow a truck repair use and new building at 790 E. M Street, Colton, CA 92324 (“Project”) (DAP-001-776), Nguyen V. Do, applicant, as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from November 30, 2022 to November 30, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months/ Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

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

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

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

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

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

3.2.5 City's Representative. The City hereby designates Mark Tomich, Dev elopment Services Director , or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf an d to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative . Consultant hereby designates Curtis Zacuto, Principal, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill an d 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.

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

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times.

3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to p erform the Services.

Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employ ee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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

3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal la w respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorizatio n program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall

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not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the sa me extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and c omply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause:
(1) failure of Consultant or its subcontractors, consultants, sub -subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

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

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

3.2.11 Insurance.

Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this

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

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant s hall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability : Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusi on contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

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

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

Defense costs shall be paid in addition to the limits.

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

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(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment fur nished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the ben efit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured.

Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided , reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation .

All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and vo lunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or

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any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

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

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed fifty nine thousand eight hundred and fifteen dollars ($59,815.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perf orm, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section

3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewa l as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

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

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3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and withou t cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

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

Consultant: EcoTierra Consulting.

Attn: Curtis Zacuto, Principal
5776-D Lindero Canyon Road, #414
Westlake Village, CA 91362
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Mark Tomich, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. T he reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provi de all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period , Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written informati on, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior

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written consent of City, be used by Consultant for any purposes other than the performance of the Services.

Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known t o Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the Cit y shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.6.5 Indemnification.

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

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

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

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

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any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Gove rnment Code sections 900 et seq. prior to filing any lawsuit against the City.

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

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

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

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

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

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

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

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

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

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

3.6.17 Prohibited Interests. Consultant maintains and warrants tha t it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultan t, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the

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award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND ECOTIERRA
CONSULTING.

CITY OF COLTON ECOTIERRA CONSULTING

By: ____________________________ By:

Wiliam R. Smith Curtis Zacuto, Principal
City Manager EcoTierra Consulting

Attest:

____ By: _________________________
City Clerk Carolina R. Padilla
City Clerk

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

EXHIBIT "A"

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SCOPE OF SERVICES

PROJECT UNDERSTANDING

PROJECT LOCATION AND EXISTING SITE CONDITIONS

The project site is located at 790 E. M Street and 375 S. Mt. Vernon Avenue West, which encompasses two parcels (APN 163‐141‐18 and 163‐141‐19). While these two parcels comprise approximately 36 acres in size, the project proposes development on approximately 4.7 acres in the northeast portion. The project site was most recently used as a metal recycling facility which ceased operation in February 2022. It is our understanding that several related improvements for the former use were removed from the project site after facility’s operation ended. However, the project site is still currently improved with an 8‐foot tall block wall along the northern side, a 5‐ to 6‐foot tall block wall approximately halfway down the eastern side, and a 6‐ to 8‐foot tall metal fence along the southern and western sides. Most of the wall and fence will be maintained.

Land uses currently surrounding the project site include a recycling plant to the north across M Street, a Southern California Edison substation and vacant land to the south, manufacturing use to the east across Mt. Vernon Avenue West, and vacant land to the west. The project site is approximately 470 feet northwest of the Santa Ana River bed.

The City’s General Plan designates the project site as Heavy Industrial and the site is zoned M‐2 (Heavy Industrial). The land to the north and east of the project site has a General Plan Land Use designation of Heavy Industrial and is zoned M‐2 (Heavy Industrial); the land to the south of the project site has a General Plan Land Use designation of Open Space – Resource and is zoned OS‐ RS (Open Space Resources); and the land to the west of the project site across Fogg Street has a General Plan Land Use designation of Industrial Park and is zoned I‐P (Industrial Park) within an SDA (Sensitive Development Area) Overlay District.

Regional vehicular access to the project site is provided by the San Bernardino Freeway (Interstate 10), approximately 0.3 mile to the north of the site, via the Mt. Vernon Avenue ramps; and the Riverside Freeway (Interstate 215), approximately 0.9 mile to the southeast of the sit e, via the Washington Street/Mt. Vernon Avenue ramps.

1. PROPOSED PROJECT
The proposed project would construct and operate an approximately 53,000‐square‐foot truck repair and maintenance facility at the project site. As noted above, the project proposes development on approximately 4.7 acres of the combined approximately 36 acres that make up the two subject parcels. As part of the project, the vacant lot in the southeast corner of the project site (375 S. Mt. Vernon Avenue West) would be paved and integrated into the project. Some of the remaining features from the past metal recycling facility would be removed. A truck scale in the northern portion of the project site would be removed and filled. The existing office building would be demolished, and a portion of the abandoned railroad spur that runs through the project site from E. M Street would be removed and capped. A new two‐story prefabricated metal building would be sited generally in the middle of the project site.

All office, repair, and maintenance operations would occur within the proposed building. The proposed building would be 38 feet tall with 9 service bays with entrances on both west and east

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sides of the building. Two of the service bays would include service pits to access the underside of trucks for maintenance and oil changes, which would be conducted in compliance with OSHA requirements. Approximately 13,893 square feet of storage and approximately 4,340 square feet of office uses would be located within the 28‐foot wide northern and southern ends of the proposed building. These office uses would be located on the first floor and the storage uses would be located on both floors of the proposed building. An employee rest area adjacent to the southwest corner of the proposed building.

The project site would be secured with two gates along E. M Street. Additionally, a 72‐square‐foot security booth would also be constructed near the existing eastern entrance to the project site.

Most of the existing perimeter wall and fencing would be maintained; however, the existing block wall and fence that separate the two parcels would be demolished to create a single, continuous area for the development. The project would install a 6‐foot tall block wall along the eastern and southern perimeter to align with the existing block walls. The combination of the existing walls to remain and the proposed walls would create a continuous wall around the project site perimeter.

Moreover, the project proposes approximately 10,734 square feet of landscaping along the project site frontage between the sidewalk and perimeter walls, and a 20‐foot tall freestanding pylon sign by the northern wall of the project site.

Vehicular access to the project site, including passenger cars and trucks , would be from the two existing driveways along E. M Street. The project would include on‐site lighting via 5 light poles and a surface parking lot providing 99 stalls for passenger cars and 22 stalls for truck trailer parking.

Maintenance work activities would occur between 6:00 AM and 7:00 PM on Monday through Saturday, and truck pick‐up and drop‐off would be available 24 hours a day on Monday through Saturday. Entrance gates would remain closed outside noted hours of operation, and after‐hours access to the project site would be granted by an on‐site security guard. The project is estimated to generate 30 full‐ and part‐time employment opportunities for mechanics and cashiers on several shifts.

The proposed project appears at this time to conform with the underlying zoning and General Plan Land Use designation as an industrial land use. The project is subject to an Architectural and Site Plan Review and Conditional Use Permit.

2. CEQA APPROACH/STRATEGY

The City is requesting an Initial Study as the appropriate CEQA documentation for the proposed project. The Initial Study is anticipated to support a Mitigated Negative Declaration determination, which would find that any potentially significant impacts can be mitigated to a less‐than‐significant level . Should the Initial Study determine that a potentially significant impact could result which cannot be mitigated to a less‐than‐significant level, then an Environmental Impact Report (EIR) would be required. Please note that the scope of work for an EIR is not included in this proposal.

Our proposed scope of work below includes preparation of technical studies for Air Quality, Greenhouse Gas Emissions, Noise, Biological Resources Assessment, Cultural Resources Assessment, and Traffic Impact and Vehicle Miles Traveled (VMT) Screening Assessment.

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3. SCOPE OF WORK

TASK 1: PROJECT INITIATION / DATA COLLECTION
EcoTierra’s project manager and other team members (as needed) will participate in a kick‐off meeting with the City and applicant team, if so desired by the City. The purpose of the meeting is to: 1) review Project application and advise on any additional information needed; 2) collect all relevant reports and drawings (including Project Description, site plans, elevations, etc. (to be sent electronically if possible); 3) review the scope of the environmental documentation; 4) review the project schedule; and 6) resolve any issues regarding overall assumptions.

To enable EcoTierra and our subconsultants to proceed, the following information (to the extent available) should be provided by the applicant to clearly define the project description and conduct the environmental analysis:
 Existing and proposed project building and site plans;  Basic parameters regarding the project buildings including square footage, building height;
 Access points;
 Building elevations;
 Landscape plans;
 Construction schedule (start and end dates in month and year);*  Construction phasing and equipment (if applicable/known, if not, EcoTierra will model as one phase and use California Emissions Estimator Model [CalEEMod] defaults);*
 Approximate square footage of demolition needed on site (building, pavements, etc.);*
 Grading and demolition parameters;
 Any sustainability features beyond those required by current Title 24 and/or Green Building Standards (such as solar panels; LEED Certification; etc.);
 Geotechnical Report;
 Haul route information (as applicable);*
 Location of construction staging areas (as applicable)*  Hazardous materials surveys (i.e., Phase I report(s));  Lighting plans (if available);
 Hydrology plans (if available), and;
 Off‐site improvements (if applicable).
* = estimates are fine

This task will also include a site visit to 1) document in photographs the existing condition of the site and the surrounding area; 2) conduct a land use survey of surrounding uses; and 3) document existing major noise sources in the project vicinity . Additionally, this task would involve collecting data from public agencies (e.g., fire and police) for new information and identification of potential impacts of the project on them.

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As required by state law, the City will reach out independently to Nati ve American tribes in compliance with the requirements of Assembly Bill (AB) 52. The environmental document will summarize the results of the outreach and any discussion resulting from this outreach.

TASK 2: PREPARE PROJECT DESCRIPTION
The environmental document must include a detailed project description based on the proposed plans and program information provided by the applicant. This project description will be used by EcoTierra to determine the potential environmental changes of the proposed project.

EcoTierra will review all relevant project description materials and prepare a preliminary version of the project description. The project description will include figures showing project location, site plan, and other illustrations as relevant and include discussions of the following:
 Previous environmental document background and setting.  Description of the existing environmental setting, including the project site’s regional and local location.
 Project characteristics, including but not limited to: hours of operation/use; projected use intensity; description of the site plan; design characteristics; lighting; landscaping; access, circulation, and parking; utilities and infrastructure; stormwater management; grading and excavation; construction and construction schedule.
 Project implementation and construction schedule.
 A list of required approvals.

We will prepare an administrative draft project description for City review and comment. We will revise the administrative draft project description in response to City comments and resubmit for approval. Following approval of the draft project description, we will prepare a final project description for use in the environmental document and as the basis for the environmental analysis.

DELIVERABLE:
 Administrative draft and final project
description
TASK 3: PREPARE TECHNICAL STUDIES
The initial focus of this task will be preparation of technical studies by subconsultants and EcoTierra. EcoTierra will prepare Air Quality, Greenhouse Gas Emissions, Energy, and Noise technical analyses. EcoTierra has teamed with South Environmental to conduct a Cultural Resources Assessment and Biological Resources Assessment, and Linscott Law & Greenspan (LLG) to conduct the Traffic Impact and VMT Screening Assessment.

The scopes for all of these technical studies include the following:

AIR QUALITY, GREENHOUSE GAS EMISSIONS, AND ENERGY IMPACT

ANALYSES (ECOTIERRA)

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The following tasks are anticipated to be required for the air quality, greenhouse gas emissions, and energy impact analyses:

Task 1 Existing Conditions
 Identify the existing air quality setting in the area.  Identify greenhouse gases and their associated impacts to global climate change.  Identify thresholds of significance for the criteria pollutants and greenhouse gases.

Task 2 Air Quality and Greenhouse Gas Emissions Analyses  Evaluate and quantify regional criteria pollutant and greenhouse gas emissions associated with demolition and construction activities for the proposed project utilizing the most recent CalEEMod Model. If significant emission levels are found to be created from construction activities, feasible mitigation will be developed and quantified.
 Evaluate and quantify regional criteria pollutant emissions associated with the operation of the proposed project utilizing CalEEMod. All feasible mitigation will be identified and quantified through use of CalEEMod.
 If the traffic study data deems it necessary, prepare a micro‐scale CO screening analysis of the study area intersections based on the traffic data prepared for the proposed project and verify if it is in accordance with the South Coast Air Quality Management District (SCAQMD) requirements as described in the CEQA Air Quality Handbook.
 The project’s air quality emissions and anticipated growth will be analyzed in the context of the SCAQMD Air Quality Management Plan (AQMP) to determine consistency with the AQMP.
 Evaluate the operational greenhouse gas emissions using the latest version of CalEEMod. Emissions will be compared to SCAQMD draft thresholds as applicable.
 The project will be compared to the goals and policies of the City’s Climate Action Plan.

Task 3 Odor Analysis
 Provide a qualitative odor analysis from the construction and operation of the proposed project.

Task 4 Energy Impact Analysis
 Identify the existing energy use conditions and the applicable federal, state, and local rules and regulations pertaining to energy use.
 The energy analysis will provide a CalEEMod‐based quantitative analysis and discussion of project‐related energy use during construction and operation.  Provide an analysis of the project’s consistency with renewable energy and energy

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efficiency plans.

Task 5 Technical Report
 Prepare an air quality, global climate change, and energy impact analyses within the Initial Study report summarizing the results of the previous work tasks.

NOISE IMPACT ANALYSIS (ECOTIERRA)
The following tasks are anticipated to be required for the noise impact analysis report:

Task 1 Background Review
 Review relevant project and site background information, base graphics showing the site vicinity, the proposed project and adjacent land uses.

Task 2 Noise Setting
 Provide definitions for commonly used noise descriptors.  Identify applicable local, state, and federal noise standards.  Identify sensitive receptors in the project area.
 Identify potential project generated noise sources.

Task 3 Noise Impacts
Construction Noise and Vibration Impacts
 Calculate construction noise impacts from the project using Roadway Noise Construction Model (RCNM)‐based calculations and determine if project construction noise would exceed any applicable standards at nearby sensitive receptors.
 Estimate groundborne vibration associated with construction activities, determine if construction vibration would exceed any applicable standards, adversely affect on‐ site and nearby historical resources (as applicable), or disturb nearby sensitive receptors.

Traffic Noise Impacts from the Proposed Project
 Model future traffic noise created by the proposed project utilizing Federal Highway Administration Highw ay Traffic Noise Prediction Model (FHWA‐RD‐108) spreadsheets. Determine if noise associated with the addition of project traffic on area road segments will create an impact at any existing sensitive receptors.

Operational Noise
 Model/calculate operational noise and determine if operational noise associated with the proposed project i.e., mechanical equipment, parking activities, etc. would exceed applicable City noise standards at closest sensitive receptors.

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Airport Noise
 Assess whether the proposed project will be impacted by airport‐related noise impacts.

Task 4 Mitigation
 Recommend mitigation measures to reduce noise and vibration impacts sensitive receptors, if necessary.

Task 5 Technical Report
 Provide a detailed written analysis within the Initial Study that documents the existing noise environment; predicts the future noise environment; and discusses project noise impacts in light of the applicable local, state, and federal thresholds and list mitigation measures as necessary.

BIOLOGICAL RESOURCES ASSESSMENT (SOUTH ENVIRONMENTAL)
Task 1 Biological Resources Assessment
South Environmental will prepare a written biological resources assessment report for the project.

The assessment will begin with a literature review of the biological resou rces that are known to occur within the region of the project site. Sources of information consulted, at a minimum, will include California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB), California Native Plant Society’s Online Inventory of Rare, Threatened, or Endangered Plants of California, United States Fish and Wildlife Service (USFWS) critical habitat and online ECOS database, National Wetlands Inventory, National Hydrography Dataset, and USDA NRCS soils database.

A reconnaissance level survey will be conducted to identify and characterize onsite plant communities, identify plants and animals that are present and with potential to occur, and to identify potential jurisdictional resources and protected trees if any.

A written biological resources assessment report will be prepared that includes the results of the literature review and site survey, characterizes the special‐status species present or with potential to occur, and assesses the potential for impacts to biological resources in the context of Appendix G of the State CEQA Guidelines. The need for additional surveys, permits, or other mitigation will be included in the report and when discovered, South Environment will inform the team of the recommendation.

CULTURAL RESOURCES ASSESSMENT (SOUTH ENVIRONMENTAL)
Task 1 CHRIS Records Search
South Environmental will request a California Historical Resources Information Systems (CHRIS) records search of the project site and a one‐half‐mile radius f rom the South Central Coastal Information Center (SCCIC), which houses cultural resource records for San Bernardino County. The purpose of a records search is to identify any previously recorded cultural resources within or near to the project site; review historical maps of the project site; review the

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Archaeological Determinations of Eligibility list; and gather information on ethnographies. In addition, South Environmental will review the lists for the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), and the lists of California State Historical Landmarks, and California Points of Historical Interest. Please note that SCCIC is currently experiencing records search delays up to 3 months, and as such, a records search request SCCIC should commence as soon as possible.

Task 2 Native American Coordination
South Environmental will contact the California Native American Heritage Commission (NAHC) for a review of their Sacred Lands File. The NAHC will determine if any NAHC‐listed Native American sacred lands are located within or near to the project site. In addition, the NAHC will provide a list of Native American contacts for the project who should be contacted for additional information. South Enviro nmental will prepare and email a letter to each of the NAHC‐listed contacts, requesting that they contact us if they know of any Native American cultural resources within or immediately adjacent to the project area. No more than one follow‐up attempt will be made to each contact. This Native American coordination process is for project informational purposes only and does not constitute compliance with AB 52, which is a notification and consultation requirement for the City to undertake.

Task 3 Paleontology Records Search
South Environmental will contact the Western Science Center in Hemet to conduct a paleontology records search of the project site. The results will contain a map and letter indicating paleontological sensitivity and any known fossil localities within the project area. No additional paleontological analysis will be conducted as part of this scope of work.

Task 4 Cultural Resources Survey
A cursory review of historic aerial photographs indicates that the existing perimeter wall and a single building in the northeast corner of the project site have been in place since at least 1968.

A cross trained architectural historian/archaeologist will conduct a survey of the exterior of the property, taking detailed notes and photographs of the perimeter wall and existing buildings on the site from the public right‐of‐ way, and observing any exposed ground surface along the perimeter of the property. We assume the survey will be negative for archaeological resources and that access to the property is not required due to a lack of ground surface visibility.

Task 5 Property Significance Evaluation
South Environmental will complete an historic significance evaluation for the historic‐ age components of the property in consideration of California Reg ister of Historical Resources (CRHR), and City of Colton (Municipal Code 15.40.060) designation criteria to determine if the property is considered an historical resource for the purposes of CEQA (State CEQA Guidelines Section 15064.5). Limited archival and background research will be completed. The property will be evaluated on the required State of California Department of Parks and Recreation Series 523 Forms (DPR forms).

Task 6 Property Significance Evaluation
South Environmental will prepare a cultural resources assessment in the form of a technical report that will summarize the results of the records search, Native American coordination, survey and

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research methodologies, and significance evaluation. The report will also discuss the proposed project description, regulatory framework, all sources consulted, and will provide recommendations for appropriate management (if applicable). The report will also analyze the proposed project’s potential to adversely impact historical, archaeological, and tribal cultural resources under CEQA and will provide mitigation measures, as appropriate.

TRAFFIC IMPACT AND VMT SCREENING ASSESSMENT (LLG)
Task 1
Confirm the proposed development description and existing development with the applicant and the work schedule. Obtain a current project site plan that illustrates the access scheme to the project site in both hard copy and digital formats.

Task 2
Prepare trip generation forecasts for the existing development and proposed project for a typical weekday over a 24‐hour period, as well as for the commuter AM and PM peak hours. The forecasts will be based on the trip generation rates/equations reflected in the 11th Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) or operational characteristics of the proposed project.

Task 3
Based on the traffic generation forecast and assignment, conduct a traffic assessment of the potential traffic impacts associated with the proposed project based on the City’s traffic impact analysis guidelines.

Task 4
Review the proposed site plan and provide recommendations regarding site access and circulation.

Task 5
Prepare a draft letter report that details all of the above‐mentioned items including our analysis, findings and conclusions. The draft letter report will be suitably documented with tabular, and graphic materials. The draft letter report will be submitted for your review and review by appropriate members of the project team for submittal to the City.

Task 6
If necessary, update the draft letter report based on reasonable City comments and submit a final letter report to EcoTierra for resubmittal to the City.

Task 7
Conduct a VMT Screening Assessment of the proposed project based on the City’s VMT Guidelines, dated June 2, 2020, and/or the California Governor’s Office of Planning and Research (OPR) Guidelines. Given that the proposed project will likely generate fewer than 110 daily trips and may be located within a Transit Priority Area (TPA), the project will likely be screened out from a VMT analysis.

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Task 8
Prepare a draft technical memorandum that details the VMT Screening Assessment, findings and conclusions. The draft technical memorandum will be submitted for review by appropriate members of the project team for submittal to the City.

Task 9
If necessary, update the draft memorandum based on reasonable City comments and submit a final memorandum to EcoTierra for resubmittal to the City.

Additional Service
The scope from LLG does not includ e preparation for and attendance at project team meetings, City meetings, public hearings, and/or community meetings. If requested, LLG’s can provide representation, and a contract amendment would be provided for approval.

OPTIONAL/AS NEEDED: Full VMT Analysis
Based on LLG’s review of the project description and Colton’s Traffic Impact Analysis Guidelines, it appears that the project will only require a trip generation analysis letter and VMT screening memorandum; however, the scope for a full VMT analysis is included as an optional task in case the project does not screen out of a full VMT analysis.

Optional Task 1
Coordinate with project team and City staff to confirm the study area and assumptions that can affect the analyses and confirm VMT requirements and thresholds as adopted by the City. Use the San Bernardino County Transportation Analysis Model (SBTAM), convert proposed project development totals into Socio Economic Data (SED), and code the appropriate land uses and network assumptions into the baseline and cumulative Traffic Analysis Zone(s) (TAZs) for the project.

Optional Task 2
Prepare and conduct full model runs for each scenario listed below via the use of SBTAM. The land uses in the TAZ or TAZs of which the project is contained within will be changed to reflect the “with Project” conditions. The analysis scenarios associated with the model update and runs are listed below:
 Baseline Conditions with Project
 Cumulative Conditions with Project

. Optional Task 3
LLG will evaluate the “with Project” scenarios noted above for baseline and cumulative conditions and will summarize the VMT as outlined in the Guidelines (i.e., project‐generated VMT and project’s effect on VMT).

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Optional Task 4
Calculate the baseline and cumulative regional average VMT thresholds and determine project and cumulative impacts based on the VMT guidelines adopted by the City.

Optional Task 5
If necessary, recommend appropriate Transportation Demand Management (TDM) strategies to reduce the VMT impact. LLG will consider the mitigation measures listed in the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (dated December 2021), prepared by the California Air Pollution Control Officers Association (CAPCOA).

Optional Task 6
Utilize the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (dated December 2021), prepared by CAPCOA to quantify effects of the mitigation.

Optional Task 7
Prepare a draft VMT Technical Analysis, which details all the above‐mentioned items, our findings and conclusions. The draft technical memorandum will be suitably documented with appropriate text, tabular, graphic, and/or appendix materials. The draft technical memorandum will be submitted for review by appropriate members of the project team and City staff.

Optional Task 8
If necessary, update the draft VMT Technical Analysis based on project team and City staff comments (incorporating reasonable comments which are within the approved scope of work and that do not require additional model updates and runs), and submit a final VMT Technical Analysis to the City.

DELIVERABLE:
 Biological Resources Assessment, Cultural Resources Assessment, and Traffic Impact and VMT Screening Assessment or VMT Technical Analysis, as applicable. (Air Quality, Greenhouse Gas Emissions, Energy, and Noise analyses will be provided within the body of the Initial Study.)
TASK 4: PREPARE AND SUBMIT SCREENCHECK INITIAL STUDY
EcoTierra will research and analyze the project impacts and prepare the Screencheck Initial Study (IS) for the project. We will prepare the Screencheck IS in accordance with the requirements of CEQA and State CEQA Guidelines, for review by the City.

The IS will contain all applicable environmental components required by CEQA, including introduction, project background, project description/characteristics/phasing and discretionary approvals, setting, impacts, mitigation and level of significance after mitigation, and mandatory CEQA findings. The IS will include the project description prepared as Task 2.

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Using the latest State CEQA Guidelines Appendix G checklist, we will respond to all Appendix G checklist questions including aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, energy, geology/soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, transportation, tribal cultural resources, utilities/service systems, wildfire, and mandatory findings of significance. The air quality, biological resources, cultural resources, greenhouse gas emissions, noise, transportation, and tribal cultural resources sections will be prepared using the technical studies prepared Task 3.

The geology/soil and hydrology and water quality sections will be prepared using the reports from the applicant’s team, if a soils and/or hydrology reports are made available to EcoTierra.

The IS will incorporate the results of the City’s Assembly Bill 52 tribal notification and consultation process and outcome into the tribal cultural resources section.

DELIVERABLE:
 Screencheck IS document including all technical studies used (e.g., EcoTierra and subconsultants, applicant team‐prepared documents as approved by City) provided in a PDF that will include all figures, exhibits, and appendices and a Microsoft Word version for editing and providing comments.

TASK 5: REVISE AND SUBMIT PROOFCHECK INITIAL STUDY
EcoTierra will revise the Screencheck IS in response to City comments. We will submit a revised document, Proofcheck IS (in tracked changes) version of the IS clearly showing all revisions in a Microsoft Word version for any additional editing by the City. We will also provide a clean version with all changes accepted/addressed in response to City staff comments.

If there are mitigation measures, the Screencheck IS/MND will include a Mitigation Monitoring and Reporting Program.

DELIVERABLE:
 Proofcheck IS document including all revised technical studies used (e.g., EcoTierra and subconsultants, applicant team‐prepared documents as approved by City and peer reviewed by EcoTierra team) provided in a PDF that will include all figures, exhibits, and appendices and a Microsoft Word version for editing and providing comments; 2 Microsoft Word versions of all sections of the document in which one version is in track changes mode showing edits and a clean version with no track changes; and a Mitigation Monitoring and Reporting Program (if applicable).

TASK 6: REVISE AND SUBMIT PRINTCHECK INITIAL STUDY
EcoTierra will revise the Proofcheck IS in response to City comments. We will submit a revised document, Printcheck IS (in tracked changes) version of the IS clearly showing all revisions in a Microsoft Word version for any additional editing by the City. We will also provide a clean version with all changes accepted/addressed in response to City staff comments.

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DELIVERABLE:
 Printcheck IS document including all revised technical studies used (e.g., EcoTierra and subconsultants, applicant team‐prepared documents as approved by City and peer reviewed by EcoTierra team) provided in a PDF that will include all figures, exhibits, and appendices and a Microsoft Word version for editing and providing comments; 2 Microsoft Word version s of all sections of the document in which one version is in tracked changes mode showing edits and a clean version without tracked changes.

TASK 7: PUBLICATION AND PREPARE NOTICE OF INTENT (NOI) AND NOTICE

OF COMPLETION (NOC)
Pursuant to State CEQA Guide lines Section 15072(a), EcoTierra will prepare a draft NOI and NOC for City review prior to publication and distribution of the IS. EcoTierra will revise the NOI and NOC based on City staff comments/edits. EcoTierra will be responsible for circulation of the IS, NOI, and NOC (unless the City prefers to do this task). The City will provide the mailing list of responsible and interested agencies to EcoTierra for mailing the NOI. The City will be responsible for uploading the NOC and IS to CEQAnet, unless the City authorized EcoTierra to do this task.

DELIVERABLE:
 EcoTierra to provide a draft and final NOI. EcoTierra will mail the NOI to responsible and interested agencies. EcoTierra will provide a web‐ready version of the IS to the City. The City will be responsible for uploading the NOI and IS to the State Clearinghouse for public distribution and review (unless the City authorizes EcoTierra to do this task).

TASK 8: RESPONSE TO COMMENTS
The IS will be circulated for a 30‐day public review period. During and at the end of the period, the City will transmit all comments received on the IS.

Should the City receive comment letters, the EcoTierra team will prepare responses to comments received. Each letter will be numbered with corresponding comments. This scope of work allows for up to two review cycles.

Additional review cycles will require additional time and cost to be addressed with the applicant team. The cost for this task is based on nominal comment letters from public agencies and from the general public. We have provided up to 18 hours of time for this task. If the project receives a number of controversial letters, we would need to revisit this estimate and discuss with the applicant team accordingly.

TASK 9: PUBLIC HEARINGS
EcoTierra assumes up to two (2) City hearings as part of this scope of work: one (1) Planning Commission hearing and one (1) City Council hearing. Additional hearings/meetings will be billed on a time and material basis based on our attached schedule of fees.

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Communication (including meetings) with City staff and project team is conducted throughout the process.

TASK 10: PREPARE AND FILE NOTICE OF DETERMINATION (NOD) EcoTierra will prepare a draft NOD for City review, and revise the NOD based on City staff comments/edits, if applicable. EcoTierra will submit the NOD to the San Bernardino County Clerk, unless the City prefers to do this task. NOD filing fees (e.g., CDFW and county clerk processing) are assumed to be made available to EcoTierra prior to filing with the San Bernardino County Clerk.

1. PROPOSED PROJECT TEAM
Our team assigned to this project currently has the capacity to take on this assignment and immediately start working on this project. The following provides a brief overview of EcoTierra staff.

CURTIS ZACUTO
Curtis Zacuto, Co‐Founder and Principal of EcoTierra, with over 31 years of experience, specializes in urban and rural projects and has managed large and complex and controversial projects throughout the Southern California region. Mr. Zacuto will serve as Principal in Charge and will be responsible for the overall work effort and quality control. Mr. Zacut o has prepared a number of infill development projects resulting in Initial Studies in support of Negative or Mitigated Negative Declarations. Mr. Zacuto will also review all sections prepared by EcoTierra staff and subconsultants for quality control and p rovide overall coordination, guidance, and management.

BRAD PERRINE
Mr. Brad Perrine, Senior Project Manager at EcoTierra, has over 15 years of experience writing and managing environmental analyses for public and private sector clients in compliance with the CEQA, including five years of project management experience. Mr. Perrine’s project experience includes utility and flood control infrastructure, suburban subdivision and retail center development, light industrial warehousing, and high‐density multi‐family and mixed‐use infill development in urbanized environments. Project reports include findings supporting categorical and community plan exemptions, initial studies with mitigated negative declarations, and environmental impact reports for both project‐specific and programmatic‐level analyses. Mr.

Perrine will serve as the Project Manager and will be responsible for the managing the budget and schedule and writing the IS with the EcoTierra team as well as serving as primary contact for the project team and the City on all aspects of the project.

MARISA WYSE
Ms. Marisa Wyse is an Environmental Planner with over 10 years of experience managing and preparing CEQA and NEPA environmental documents. She has assisted and managed projects involving the preparation of environmental documentation for both private and public sector projects including: Initial Studies, Mitigated Negative Declarations, Mitigation Monitoring Programs, Environmental Impact Reports, Supplemental and Subsequent EIRs and EIR Addendums. Her project experience includes hospital/medical facility development and mixed use developments projects for which she coordinates between agencies, applicants, consultants,

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and attorneys to certify CEQA documents as part of the overall project entitlement process. Ms.

Wyse responsibilities for this project would include conducting research and writing various document sections for the IS.

KATIE WILSON
Ms. Katie Wilson, MS, is a Senior Analyst with EcoTierra, and will be the Air Quality/Greenhouse Gas and Noise specialist overseeing preparation of the air quality, greenhouse gas, and noise impact analyses. Ms. Wilson has 16 years of experience preparing air quality, greenhouse gas, health risk assessments, and noise technical studies. Ms. Wilson is proficient in CalEEMod, EMFAC, AERMOD, CALINE, FHWA Traffic Noise Prediction Model (FHWA‐RD‐77‐108), Roadway Noise Construction Model (RCNM), and Sound Plan Essential.

She has directed and assisted on hundreds of projects involving air quality and acoustical impact analyses, with an emphasis on accurate and defensible analyses performed in support of CEQA and/or NEPA environmental documentation.

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EXHIBIT "B"

SCHEDULE OF SERVICES

PROPOSED SCHEDULE
Table 1, Initial Study Schedule, outlines the proposed project schedule and deliverables. This schedule estimates an approximate 5‐month schedule from authorization to proceed to publication for public review, and approximately 7 months to public hearings. Regarding City review timeframes, we have provided a best estimate, but ultimately that is out of our control. For purposes of this schedule, we have provided only two review cycles, but the schedule can be adjusted if the City needs an additional review cycle. The schedule after public review is unpredictable due to the amount of potential comment letters, if any, received and the time City staff will require for review time. The schedule is predicated on the City approval of the applicant prepared studies.

Table 1
Initial Study
Schedule
Task Duration
Task 1: Project Initiation / Data Collection 1 week
Task 2: Prepare Project Description 1 week
City Review 1 week
EcoTierra Finalize 2 days
Task 3: Prepare Technical Studies a, b 10 weeks a, b
Task 4: Prepare and Submit Screencheck Initial Study c 8 weeks c City Review “Screencheck” Initial Study (1st Review) 3 weeks Task 5: Revise and Submit Proofcheck Initial Study 1 week City Review “Proofcheck” Initial Study (2nd Review) 2 weeks Task 6: Revise and Submit Printcheck Initial Study 3 days City Review “Printcheck” Initial Study (3rd Review) 2 days Task 7: Publication and Prepare Notice of Intent (NOI) and Notice of Completion (NOC) EcoTierra Prepares NOI and NOC 1 day
City Review NOI and NOC 1 day
EcoTierra Finalizes NOI and NOC 1 day
Printing and Distribution 2 days
PUBLIC CIRCULATION 30 days
Task 8: Response to Comments 2 weeks
City Review 2 weeks
EcoTierra Revises 3 days
City Review 4 days
EcoTierra Finalizes 1 day

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Table 1
Initial Study Schedule
Task Duration
Task 9: Public Hearings TBD

Task 10: Prepare and File Notice of Determination (NOD) Within 5
working days
of project
approval
NOTES:
a) Air Quality, Greenhouse Gas Emissions, Energy, and Noise technical studies can be completed within 5 weeks; the draft Traffic Impact and VMT Screening Assessment can be completed within 3 weeks (if a full VMT Technical Analysis is required, a draft of that analysis can be completed in 4 weeks); and biological and cultural can be ready within 10 weeks (unless there are additional delays with South Central Coastal Information Center’s records search). b) Task 3 can commence upon completion of Task 1 and receipt of all pertinent data, and overlap with Task 2. c) Task 4 can commence upon completion of Task 2 and overlap with Task 3.

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COMPENSATION

ESTIMATED COST
Cost is shown in Table 2, Initial Study Cost Estimate. The cost for preparation of the entire IS, including technical studies for Air Quality, Greenhouse Gas Emissions, Energy, Noise, Biological Resources, Cultural Resources, and Traffic Impact and VMT Screening Assessment; and response to comments on the publicly circulated draft is $59,815. This cost estimate does not include the cost for a full VMT Technical Analysis. A full VMT Technical Analysis will only be done if the project does not screen out and the project is required to do one. The fees for printing/reproduction, graphics, and other miscellaneous direct expenses are an estimate and we assume will be reimbursable upon provision of proper documentation.

Table 2:

Initial Study Cost
Estimate
Curtis
Zacuto
Brad
Perrin
e
Katie
Wilso
n
Marisa
Wyse
Graphics
/ WP
Total
Hrs
Total
Budget
$200.00 $180.00 $160.00 $150.00 $90.00
Task 1: Project Initiation / Data
Collection 2 4 6 $1,120
Task 2: Prepare Project
Description 2 8 1 11 $1,930
Task 3: Technical Studies
Air Quality/GHG/Energy 1 1 26 3 1.25 32.25 $5,103
Noise 1 1 25 ‐ 1.3 28.3 $4,497
Biological Resources Assessment South Environmental $6,150 Cultural Resources Assessment $8,285
Traffic Impact & VMT Screening Linscott Law & Greenspan $3,850 Optional VMT Technical Analysis $12,500
$200.00 $180.00 $160.00 $150.00 $90.00
Task 4: Prepare and Submit
Screencheck Initial Study 4 30 ‐ 50 2 86 $13,880
Task 5: Revise and Submit Proofcheck 2 12 1 24 1 40 $6,410 Task 6: Revise and Submit Printcheck 1 4 1 2 ‐ 8 $1,380 Task 7: Publication and Prepare NOI
and NOC ‐ 2 ‐ ‐ 2 4 $540
Task 8: Response to Comments 2 8 2 8 1 21 $3,450
Task 9: Public Hearings 2 2 ‐ ‐ ‐ 4 $760
Task 10: Prepare and File NOD 0.5 2 ‐ ‐ ‐ 2.5 $460
EcoTierra Labor Subtotal 17.5 74 55 87 9.55 243 $39,530 EcoTierra + Subconsultant Technical Studies
With VMT Screened a
$57,815
Estimated Direct Costs $2,000
Total Including Direct Costs With
VMT Screened a
$59,815
a) The Traffic Impact Analysis will only be prepared if the City requires it for the Project.

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Should the scope of work increase or change, the client understands that the consultant fee could exceed the total cost estimate amount. Such changes include, but are not limited to, the following:
 Additional analysis required as a result of project modifications or delays in receiving project materials.
 Changes and/or modifications in State CEQA Guidelines or legislation for preparation of Initial Studies.
 Additional hours required to complete the Final IS/ND (or IS/MND) or attend project meetings, public hearings or community meetings beyond that described in this proposal. The cost estimate for preparation of the response to public comments is our best estimate at this time. The co st estimate is based on a reasonable range of comments. If additional hours are required beyond the cost estimate to respond to comments raised, then EcoTierra will consult with the Project team and City staff.  Any changes to assumptions and/or understandings contained herein regarding preparation of the Initial Study.

Such authorized additional services would be billed on a time and materials basis.

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23152.08600\7640413.1

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT

CONDITIONAL USE PERMIT AND ARCHITECTURAL AND SITE PLAN REVIEW FOR 790 E. M STREET,

TER INVESTMENT GROUP, LLC, APPLICANT
(DAP-001-776)

1. PARTIES AND DATE.

This Reimbursement Agreement ("Agreement") is made this ____day of November, 2022, by and between the City of Colton, a California municipal corporation ("City"), and Nguyen V.

Do representing TER Investment Group, LLC a California limited liability company with principal place of business at 14801 Slover Avenue, Fontana, CA. 92337 (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1. Property. The owner, TER Investment group, LLC , of that certain real property located within the City of Colton, County of San Bernardino, California, and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).

2.2 Project. The Applicant is contemplating the development of the Property as described in Exhibit “ B” attached hereto and incorporated herein by reference (“Project”) . The Applicant has submitted an application for discretionary land use approvals for the Project, including those listed in Exhibit “C” attached hereto and incorporated herein by reference, as well as all related environmental review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.

2.3 Consultants. To provide the City with the needed expertise and information necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").

2.4 Reimbursement. As a condition to the City's completion of the Project review process, the Applicant has agr eed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out -of-pocket expenses incurred by the City, in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.

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23152.08600\7640413.1

3. TERMS.

3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.

3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsultants) those Consultants listed in Exhibit “D” attached hereto and incorporated herein by reference, but shall have the right to retain any additional consultants or sub-consultants pursuant to this Agreement. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.

The Applicant agrees that, notwithstanding the Applica nt's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversati ons, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.

3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documen ts or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential , and exempt from disclosure under the Public Records Act.

3.4 Applicant's Reimbursement of Costs and Expenditures . The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated with the Project, and other out -of-pocket expenses incurred by the City ("Costs"). The City has preliminarily reviewed the scope(s) of work required and has estimated the aggregate Costs for all Consultants and City staff to be fifty nine thousand and eight hundred and fifteen dollars ($59,815.00), plus an additional administrative fee of 15% in the amount of eight thousand nine hundred and seventy two dollars and twenty five cents ($8,972.25) ("Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit in the amount of $59,815 and separate check in the amount of $8,972.25 to cover the initial Estimated Costs, which amount the City shall separately account for in a Project deposit account ("Deposit Account").

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As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account drops below ($10,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Ten Thousand Dollars ($10,000), or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.

City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").

The City shall use reasonable good faith efforts to consult with the Applicant prior to amending any scope of services to be provided by the Consultants and incurring Excess Costs. The Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to the commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replenishing the Deposit Account.

For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.

The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and will provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.

3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully e xecuted by the Parties, and shall terminate when all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement . For purposes of th is section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the

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City to Consultants prior to the date of termination. The Applicant's obl igation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.

3.6 Early Termination.

3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant in the event that Applicant either: (1) fails to satisfy any obligation of this Agreement; or (2) fails to reasonably prosecute its application(s) for the Project.

3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to th e end of the term set forth in Section 3. 5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Appl icant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination.

3.6.3 Notice to Consultants . Within two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination.

3.7 Assignability. This Agreement may not be assigned by either Party without the prior and express written consent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the prop osed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.

3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.

All modifications to this Agreement must be approved by the City Council.

3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.

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3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City ’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and expert or other costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.

This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such third party action or proceeding . Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such thi rd party action or proceeding, Applicant shall be obligated to reimburse City for any and all costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third p arty action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and expert or other costs.

3.11 Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from the other, in addition to all other lega l and equitable remedies avail able to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.

3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Bernardino , California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.

3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety.

3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.

3.15 Representations of Authority . Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and war rants to the other Party that all necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and

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that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.

3.16 Notices. Notices required under this Agreement shall be sent to the following:

City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Mark Tomich, Development Services Director

Applicant: TER Investment Group, LLC
Attn: Nguyen V. Do
14801 Slover Avenue
Fontana, CA 92337

Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) i f sent by facsimile, upon transmission and actual receipt by the receiving Party; (3) if by express courier service or hand delivery , on the date of receipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate.

[SIGNATURES ON NEXT TWO PAGES]

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CITY’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT

CONDITIONAL USE PERMIT AND ARCHITECTURAL AND SITE PLAN REVIEW FOR 790 E. M STREET,

TER INVESTMENT GROUP, LLC, APPLICANT
(DAP-001-776)

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest:

_________________________
Carolina R. Padilla
City Clerk

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APPLICANT’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT

CONDITIONAL USE PERMIT AND ARCHITECTURAL AND SITE PLAN REVIEW FOR 790 E. M STREET,

TER INVESTMENT GROUP, LLC, APPLICANT
(DAP-001-776)

TER INVESTMENT GROUP, LLC

By: _________________________
Signature

_________________________
Name: Nguyen V. Do

_________________________
Title: Managing Member

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EXHIBIT "A"

LEGAL DESCRIPTION OF THE PROPERTY

Assessor’s Parcel Number: 0163-141-18 & 19

The site map is below:

Mount Vernon Avenue
790 E. M Street
115 N.

Pennsylvania

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EXHIBIT "B"

PROJECT DESCRIPTION

DAP-001-776 – The City of Colton received an application for a Conditional Use Permit and Architectural & Site Plan Review to allow a truck repair shop and new 53,075 square feet repair shop building at 790 E. M Street (DAP-001-776) (APNs: 0163-141-18 & 19 ) on a site area measuring approximately 4.7 acres with two properties measuring over 35 acres in area within the M-2 (Heavy Industrial) Zone.

The environmental review includes the preparation of an Initial Study to determine appropriate CEQA document.

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EXHIBIT "C"

PERMITS AND OTHER APPROVALS

- Conditional Use Permit
- Architectural and Site Plan Review
- Initial Study – CEQA

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EXHIBIT "D"

CONSULTANTS

BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.

ECOTIERRA CONSULTANTS
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $59,815, without prior approval by each party.

OTHER CONSULTANTS
Any and all other consultants, including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).

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ITEM NO. 6

STAFF REPORT

DATE: NOVEMBER 15, 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 AND ADOPT AWARD OF CONSTRUCTION CONTRACT TO D. M. CONTRACTING, INC. FOR THE SOUTH LA CADENA

DRIVE SIDEWALK IMPROVEMENT PROJECT IN THE AMOUNT
OF $326,600, RESOLUTION NO. R-116-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Reject bids received on February 24, 2022 for the South La Cadena Drive Sidewalk Improvement Project; and

2. Award a construction contract for the South La Cadena Drive Sidewalk Improvement Project to D. M. Contracting, Inc. as the Lowest Responsive and responsible bidder for $326,600; and authorize City Manager to execute the contract agreement; and

3. Approve Resolution R-116-22 amending the Fiscal Year 2022/2023 Capital Improvement Program budget for the Project.

BACKGROUND

The completed development at the southwest corner of La Cadena Drive and Tropica Rancho Road completed the installation of improvements including concrete sidewalk along the project frontage as part of project’s condition of approval. The compl etion of this development left a sidewalk gap between Litton Aven ue and the south end corner of the project. The La Cadena Drive Sidewalk Improvement Project will complete the sidewalk gap. The scope of work of the Project includes installation of concrete sidewalk and retaining wall to protect slopes and utility power poles. The length of the sidewalk is approximately 725 linear feet. 6 Packet Pg. 231
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Contract Award - D. M. Contracting, Inc.

November 15, 2022

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Colton City CouncilNovember 15, 2022

Colton City Council
November 15, 2022