Agenda packet — Colton City Council, August 15, 2023

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

Mayor Frank J. Navarro
Council Members:

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

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, AUGUST 15, 2023 – 6:00 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 obta ining 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 Peter Tasaka - The Vineyard Church

FLAG SALUTE

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Recognition - Employee Appreciation Ceremony
 Recognition - 2023 VolunTEENs
 Recognition - Outgoing Miss Colton Pageant Royal Court

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
 Appointment - Utilities Commission - D2 - Henry Michael Razo

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) ADU Zoning Text Amendment - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-10-23, AN ORDINANCE OF THE CTY COUNCIL OF THE CITY OF COLTON AMENDING TITLE 18, SECTION 18.48.150 OF THE COLTON MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ADOPTION OF THE ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP-001-810), ORDINANCE NO. O-10-23.
[Staff Person: Mark Tomich]
Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

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

MOTION __________ SECOND __________

(2) Public Hearing - Weed Abatement Statement of Expenses - TIME AND PLACE FIXED TO CONSIDER A PUBLIC

HEARING TO APPROVE AND ADOPT A RESOLUTION ADOPTING A REPORT AND STATEMENT OF EXPENSES FOR THE CITY’S WEED ABATEMENT PROGRAM AND IMPOSING A LIEN UPON PROPERTY FOR PAYMENT THEREOF, RESOLUTION NO R-51-23.
[Staff Person: Tim McHargue]
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 co mment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.

MOTION __________ SECOND __________

BUSINESS ITEMS
To speak on business items, it is requested that you obtain a card from the City Cle rk 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) Solid Waste Annual CPI Rate Increase - Receive a Report on the Annual Consumer Price Index (CPI) Increase to Solid Waste Rates, in Accordance with the Agreement with CR&R Incorporated, for City Solid Waste Services.
[Staff Person: Brian Dickinson]

4 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.

Please state your name and your City of Residence before providing your comment.

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 Counci l votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

(4) Minutes 08-1-2023 - Approval of Minutes for the City Council Regular Meeting Held on August 1, 2023, on file in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(5) City Treasurer's Report - Receive and File City Treasurer's Report for May 2023. [Staff Person: Aurelio De La Torre]
(6) Warrants - Approve replacement check number 206704 for $24,665.00; voucher numbers 206705 to 206793 dated 07/06/2023 and totaling $748,005.57; voucher numbers 206794 to 206868 dated 07/13/2023 and totaling $394,616.51; replacement check numbers 206869 to 206872 dated 07/12/2023 and totaling $11,942.96; voucher numbers 206873 to 206992 dated 07/20/2023 427,186.57 and a payroll disbursement listing dated 05/27/2023 to 06/09/2023 and totaling $913,604.76. [Staff Person: Stacey Dabbs]
(7) Contract Award - Babcock Laboratories, Inc. - Approve Professional Services Agreement with Babcock Laboratories, Inc. to Provide Wastewater Laboratory Sampling and Analysis Services for a Five (5) Year Term in an Amount Not-to-Exceed $655,000.
[Staff Person: Brian Dickinson]
(8) Contract Amendment - Yunex LLC - Approve First Amendment to the Maintenance Services Agreement with Yunex LLC. for Traffic Signal Maintenance for FY 2023. [Staff Person: Brian Dickinson]
(9) Parking Restriction Modifications - 1641 N. 8th Street - Authorize Conversion from “No Parking Zone” to “Limited Parking Zone” in front of 1641 N. 8th Street, RESOLUTION NO. R-80-23. [Staff Person: Brian Dickinson]
(10) Purchase - Fire Department Radios - Authorize the Purchase of Motorola Radios for a New Ladder Truck. [Staff Person: Tim McHargue]

5 (11) Contract Award - Northstar Chemical - Approve a Maintenance Services Agreement with Northstar Chemical DBA Pacific Star Chemical to Provide Sodium Hypochlorite to Water and Wastewater for Five (5) Term in an Amount Not-To-Exceed $1,005,000.
[Staff Person: Brian Dickinson]

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 card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will b e 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 busine ss of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

NOTICE TO PUBLIC

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

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

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

LEGAL CHALLENGES

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

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: AUGUST 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: ADU ZONING TEXT AMENDMENT - TIME AND PLACE FIXED TO

CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY
ORDINANCE NO. O-10-23, AN ORDINANCE OF THE CTY
COUNCIL OF THE CITY OF COLTON AMENDING TITLE 18,
SECTION 18.48.150 OF THE COLTON MUNICIPAL CODE

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS AND DETERMINING THE

ADOPTION OF THE ORDINANCE TO BE STATUTORILY EXEMPT
FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17 (FILE
INDEX NO. DAP-001-810), ORDINANCE NO. O-10-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Staff recom mends that the City Council introduce for the first reading and pass by title only:

O-10-23, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING TITLE 18, SECTION 18.48.150 OF THE CITY OF COLTON MUNICIPAL

CODE RELATING TO ACCESSORY DWELLING UN ITS AND JUNIOR ACCESSORY

DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA

Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
ADU Zoning Text Amendment
August 15, 2023

Page 2 ends

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

MOTION __________ SECOND __________

BACKGROUND

In 2022, the California Legislature approved, and the Governor signed into law a number of bills (“new ADU Laws”) that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and Junior ADUs. The new ADU Laws took effect January 1, 2023, and if the City’s ADU ordinance does not comply with the new ADU Laws, the City’s ordinance becomes null and void on that date as a matter of law.

Planning staff was busy completing Housing Element revisions from November to March 2023 and is now moving forward with the ADU Ordinance update.

Currently, only the provisions of the new legislation apply to the City. However, the City may adopt its own accessory unit ordinance, with additional reasonable regulations which do not conflict with the legislation.

The California Legislature approved a number of new laws that require local municipalities to conform with in order to address California’s housing crisis. The goal of the Legislature is to expedite general ADU development statewide. The lates t legislation that affects the ADU provisions is SB 897. This state law amends Gov. Code Section 65852.2. There are two significant themes in the changes. First, cities must let ADUs go taller and closer to the property lines. Second, the legislature codif ied a number of interpretations of the law that agencies developed as they’ve interpreted and applied the ADU law in different situations over the last few years.

At the May 23, 2023, Planning Commission meeting, after its discussion, the Commission vot ed 4-to-0 (1 absent) recommending that the City Council amend section 18.48.150 of the Colton Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Determining the Ordinance to be exempt from the California Environment al Quality Act (CEQA). (Attachment 2).

ISSUES/ANALYSIS

The proposed ordinance amends the City’s local regulatory requirements for the construction of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with the amended provisions of Government Code sections 65852.2 and 65852.22.

Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) renders the City’s existing ordinance regulating ADUs and JADUs (Junior) null and void, thereby limiting the C ity to the application of the few default standards provided in Government Code 4 1.1
Packet Pg. 9
Staff Report to the Mayor and City Council
ADU Zoning Text Amendment
August 15, 2023

Page 3 ends

sections 65852.2 and 65852.22 for the approval of ADUs and JADUs. The approval of ADUs and JADUs is now based solely on the default statutory standards, without local regulati ons governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

The following is a brief summary of the new ADU/JADU Law requirements:

Height Limitations. Cities must now allow ADUs to be taller than 16 feet in the following circumstances:
 If it is located within a half -mile of a major transit stop or high quality transit corridor, a detached ADU that is on a lot with a single-family or multifamily dwelling may be up to two stories with a maximum height of 30 feet in height by right, and the ADU may be up to two feet taller (for a maximum of 32 feet) if necessary to match the roof pitch of the ADU to that of the main house.
 If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 30 feet in height regardless of how close it is to transit.
 An attached ADU may now be up to 35 feet high or as high as a pri mary dwelling may be under the underlying zone, whichever is lower.

Front Setbacks. A front setback for an ADU must now yield to the extent necessary to enable the construction of an 800 square foot ADU with 4-foot side and 4-foot rear yard setbacks.

Application Review Procedures. When a City denies an ADU application, the City must now provide the applicant with a “full set comments” listing the specific items that are “defective or deficient”. The comments provided must describe “how the applicatio n can be remedied” by the applicant.

Attachment 2 includes the draft ADU ordinance for the Commission to consider. All of the proposed changes are relined as new language and strike -thru for language to be deleted to the Chapter 18, Section 18.48.150 ( Accessory Dwelling Units) of the Municipal Code, substantially in the form attached.

FISCAL IMPACTS

There is no fiscal impact from proposed zoning text amendment since current state law already exempts ADU projects of less than 750 square feet from Development Impact Fees (“DIFs”).

ALTERNATIVES

1.1 Packet Pg. 10
Staff Report to the Mayor and City Council
ADU Zoning Text Amendment
August 15, 2023

Page 4 ends

1. Provide alternative direction to staff.

ATTACHMENT

1. Planning Commission Resolution No. R-18-23

2. City Council Draft Ordinance No. O-10-23 - (redlined and strike-thru)

3. City Council Ordinance No. O-10-23

1.1 Packet Pg. 11
23152.06300\41318891.2

RESOLUTION NO. R-18-23 1
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 COLTON, CALIFORNIA, RECOMMENDING THAT THE CITY 4
COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 18, SECTION 5

18.48.150 OF THE COLTON MUNICIPAL CODE RELATING TO 6
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY 7
DWELLING UNITS AND DETERMINING THE ADOPTION OF THE 8
ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER 9
PUBLIC RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP-001-810) 10 11 WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide 12 for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory 13 dwelling units (“JADUs”); and 14
15 WHEREAS, in 2022, the California Legislature approved, and the Governor signed into 16 law a number of bills (“New ADU Laws”) that, among other things, amended Government Code 17 section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and 18 JADUs; and 19
20 WHEREAS, the New ADU Laws took effect January 1, 202 3, and if the City’s ADU 21 ordinance does not comply with the New ADU Laws, the City’s ordinance becomes null and void 22 as a matter of law; and 23
24 WHEREAS, the City desires to amend its local regulatory scheme for the construction of 25 ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 26 and 65852.22; and 27
28 WHEREAS, on May 12, 2023, the City gave public notice of the public hearing for the 29 proposed ordinance by publishing in a newspaper of general circulation of a Planning Commission 30 public hearing at which the ordinance would be considered; and 31

1.1.a
Packet Pg. 12
Attachment: Planning Commission Resolution No. R-18-23 (4152 : ADU Zoning Text Amendment) 23152.06300\41318891.2

2 WHEREAS, on May 23 , 202 3, the Planning Commissi on held a duly -noticed public 1 hearing and considered the staff report, recommendations by staff, and public testimony 2 concerning the proposed ordinance. 3
4 NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF 5 COLTON DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: 6 7 Section 1. Under California Public Resources Code section 21080.17, the California 8 Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or 9 county implementing the provisions of section 65852.2 of the Gove rnment Code, which is 10 California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, 11 the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance 12 implements the State’s ADU law. 13
14 Section 2. Based on the entire record before the Planning Commission, and all written and 15 oral evidence presented, the Planning Commission hereby finds that the proposed ordinance is 16 consistent with the City’s adopted General Plan as the purpose of the proposed ordinance is to 17 comply with the amended provisions of Government Code sections 65852.2 and 65852.22 . The 18 proposed ordinance does not otherwise conflict with any of the General Plan’s goals or policies. 19 20 Section 5. The Planning Commission hereby recommends that the City Council adopt the 21 attached proposed ordinance ( Attachment A) entitled: AN ORDINANCE OF THE CITY 22 COUNCIL OF THE CITY OF COLTON AMENDING TITLE 18, SECTION 18.48.150 OF THE 23 CITY OF COLTON MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS 24 AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ACTION TO 25 BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE 26 § 21080.17. 27
28 SECTION 4. The Secretary shall certify the adoption of this Resolution. 29 30 PASSED, APPROVED AND ADOPTED this 23rd day of May, 2023. 31 32 1.1.a
Packet Pg. 13
Attachment: Planning Commission Resolution No. R-18-23 (4152 : ADU Zoning Text Amendment) 23152.06300\41318891.2

3 1
Planning Commission Chairperson 2
Richard Prieto 3
4 5
ATTEST: 6
7 8
9 Planning Commission Secretary 10
Mark R. Tomich, AICP 11
12 13
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning 14 Commission of the City of Colton at a meeting held on May 23, 2023, by the following vote of the 15 Planning Commission: 16
17 AYES: 18
NOES: 19
ABSENT: 20
ABSTAIN: 21
22 23
24 Planning Commission Secretary 25
Mark R. Tomich, AICP 26
27 28

1.1.a
Packet Pg. 14
Attachment: Planning Commission Resolution No. R-18-23 (4152 : ADU Zoning Text Amendment) 23152.06300\41318891.2

1 ORDINANCE NO. O-10-23 2
3 AN ORDINANCE AMENDING TITLE 18, SECTION 18.48.150 OF THE COLTON 4 MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR 5 ACCESSORY DWELLING UNITS AND DETERMINING THE ADOPTION OF THE 6 ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC 7 RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP-001-810) 8 WHEREAS, the City Council of the City of Colton desires to amend certain provisions of 9 the Colton Zoning Code to ensure consistency with state law; and 10 WHEREAS, all prerequisites to the adoption of this ordinance have occurred. 11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON 12 HEREBY DOES ORDAIN AS FOLLOWS: 13
SECTION 1. FINDINGS. The City Council of the City of Colton hereby finds that: 14 A. The City of Colton, California (the “City”) is a municipal corporation, duly 15 organized under the constitution and laws of the State of California. 16 B. The Planning and Zoning Law authorizes cities to act by ordinance to provide for 17 the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling 18 units (“JADUs”). 19
C. In 2022, the California Legislature approved, and the Governor signed into law a 20 number of bills (“New ADU Laws”) that, among other things, amended Government Code section 21 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. 22 D. The New ADU Laws took effect January 1, 202 3, and because the City’s ADU 23 ordinance did not comply with the New ADU Laws, the City’s ordinance became null and void on 24 that date as a matter of law. 25
E. The City desires to amend its local regulatory scheme for the construction of ADUs 26 and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 27 65852.22. 28

1.1.b
Packet Pg. 15
Attachment: City Council Draft Ordinance No. O-10-23 - (redlined and strike-thru) (4152 : ADU Zoning Text Amendment) 23152.06300\41318891.2

2 F. Failure to comply with Government Code sections 65852.2 and 65852.22 (as 1 amended) as of January 1, 202 3 rendered the City’s ordinance regulating ADUs and JADUs null 2 and void, thereby limiting the City to the application of the few default standards provided in 3 Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs. 4 G. The approval of ADUs and JADUs based solely on the default statutory standards, 5 without local regulations governing height, setback, landscape, architectural review, among other 6 things, would threaten the character of existing neighborhoods, and negatively impact property 7 values, personal privacy, and fire safety. 8
H. The City Council has reviewed and considered the public testimony and agenda 9 reports prepared in connection with this ordinance, including the policy considerations discussed 10 therein, and the consideration and recommendation by the City’s Planning Commission. 11 I. In accordance with the California Environmental Quality Act (Pub. Resources 12 Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs., § 15000 13 et seq.), the City has determined that the revisions to the Colton Municipal Code are exempt from 14 environmental review. 15
SECTION 2. AMENDMENT. Section 18.48.150 of the Colton Municipal Code, Chapter 16

18.48, is hereby amended to read in its entirety as follows: 17 18 SECTION 18.48.150 – ACCESSORY DWELLING UNITS 19
20 Section 18.48.150 - Accessory Dwelling Units 21
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units 22 (ADUs) and junior accessory dwelling units (JADUs) in compliance with California 23 Government Code sections 65852.2 and 65852.22. 24
(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section 25 will not be: 26
(1) Deemed to be inconsistent with the City’s general plan and zoning designation for 27 the lot on which the ADU or JADU is located. 28
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is 29 located. 30

1.1.b
Packet Pg. 16
Attachment: City Council Draft Ordinance No. O-10-23 - (redlined and strike-thru) (4152 : ADU Zoning Text Amendment) 23152.06300\41318891.2

3 (3) Considered in the application of any local ordinance, policy, or program to limit 1 residential growth. 2
(4) Required to correct a nonconforming zoning condition, as defined in subsection 3 (c)(7) below. This does not prevent the City from enforcing compliance with 4 applicable building standards in accordance with Health and Safety Code section 5 17980.12. 6
(c) Definitions. As used in this section, terms are defined as follows: 7 (1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential 8 dwelling unit that provides complete independent living facilities for one or more 9 persons and is located on a lot with a proposed or existing primary residence. An 10 accessory dwelling unit also includes the following: 11 (A) An efficiency unit, as defined by section 17958.1 of the California 12 Health and Safety Code; and 13
(B) A manufactured home, as defined by section 18007 of the 14 California Health and Safety Code. 15
(2) “Accessory structure” means a structure that is accessory and incidental to a 16 dwelling located on the same lot. 17
(3) “Complete independent living facilities” means permanent provisions for living, 18 sleeping, eating, cooking, and sanitation on the same parcel as the single-family 19 or multifamily dwelling is or will be situated. 20
(4) “Efficiency kitchen” means a kitchen that includes all of the following: 21 (A) A cooking facility with appliances. 22
(B) A food preparation counter and storage cabinets that are of a 23 reasonable size in relation to the size of the JADU. 24 (5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies 25 all of the following: 26
(A) It is no more than 500 square feet in size. 27
(B) It is contained entirely within an existing or proposed single-28 family structure. An enclosed use within the residence, such as an 29 attached garage, is considered to be a part of and contained within 30 the single-family structure. 31
(C) It includes its own separate sanitation facilities or shares 32 sanitation facilities with the existing or proposed single-family 33 structure. 34

1.1.b
Packet Pg. 17
Attachment: City Council Draft Ordinance No. O-10-23 - (redlined and strike-thru) (4152 : ADU Zoning Text Amendment) 23152.06300\41318891.2

4 (D) If the unit does not include its own separate bathroom, then it 1 contains an interior entrance to the main living area of the existing 2 or proposed single-family structure in addition to an exterior 3 entrance that is separate from the main entrance to the primary 4 dwelling. 5
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) 6 above. 7
(6) “Living area” means the interior habitable area of a dwelling unit, including 8 basements and attics, but does not include a garage or any accessory structure. 9 (7) “Nonconforming zoning condition” means a physical improvement on a property 10 that does not conform with current zoning standards. 11 (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends 12 from a street to one entrance of the ADU or JADU. 13
(9) "Primary residence" means a proposed or existing residential dwelling 14 constructed on a lot as the main permitted use by the zone on said parcel. 15 (10) “Proposed dwelling” means a dwelling that is the subject of a permit application 16 and that meets the requirements for permitting. 17
(11) “Public transit” means a location, including, but not limited to, a bus stop or train 18 station, where the public may access buses, trains, subways, and other forms of 19 transportation that charge set fares, run on fixed routes, and are available to the 20 public. 21
(12) “Tandem parking” means that two or more automobiles are parked on a driveway 22 or in any other location on a lot, lined up behind one another. 23 (d) Approvals. The following approvals apply to ADUs and JADUs under this section: 24 (1) Building-permit Only. If an ADU or JADU complies with each of the general 25 requirements in subsection (e) below, it is allowed with only a building permit in 26 the following scenarios: 27
(A) Converted on Single-family Lot: One ADU as described in this 28 subsection (d)(1)(A) and one JADU on a lot with a proposed or 29 existing single-family dwelling on it, where the ADU or JADU: 30 (i) Is either: within the space of a proposed single-family dwelling; 31 within the existing space of an existing single-family dwelling; or 32 (in the case of an ADU only) within the existing space of an 33 accessory structure, plus up to 150 additional square feet if the 34 expansion is limited to accommodating ingress and egress; and 35

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5 (ii) Has exterior access that is independent of that for the single-family 1 dwelling; and 2
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated 3 by applicable building and fire codes. 4
(iv) The JADU complies with the requirements of Government Code 5 Section 65852.22. 6
(B) Limited Detached on Single-family Lot: One detached, new-7 construction ADU on a lot with a proposed or existing single-8 family dwelling (in addition to any JADU that might otherwise be 9 established on the lot under subsection (d)(1)(A) above), if the 10 detached ADU satisfies each of the following limitations: 11 (i) The side- and rear-yard setbacks are at least four feet. 12 (ii) The total floor area is 1200 square feet or smaller. 13 (iii) The peak height above grade does not exceed the applicable height 14 limit in subsection (e)(2) below. 15
(C) Converted on Multifamily Lot: One or more ADUs within 16 portions of existing multifamily dwelling structures that are not 17 used as livable space, including but not limited to storage rooms, 18 boiler rooms, passageways, attics, basements, or garages, if each 19 converted ADU complies with state building standards for 20 dwellings. Under this subsection (d)(1)(C), at least one converted 21 ADU is allowed within an existing multifamily dwelling, up to a 22 quantity equal to 25 percent of the existing multifamily dwelling 23 units. 24
(D) Limited Detached on Multifamily Lot: No more than two 25 detached ADUs on a lot that has an existing or proposed 26 multifamily dwelling if each detached ADU satisfies both of the 27 following limitations: 28
(i) The side- and rear-yard setbacks are at least four feet. If the 29 existing multifamily dwelling has a rear or side yard setback of 30 less than four feet, the City will not require any modification to the 31 multifamily dwelling as a condition of approving the ADU. 32 (ii) The peak height above grade does not exceed the applicable height 33 limit provided in subsection (e)(2) below. 34
(2) ADU Permit. 35
(A) Except as allowed under subsection (d)(1) above, no ADU may be 36 created without a building permit and an ADU permit in 37 Commented [A1]: New added as extra information by the
state.

Commented [A2]: State allows 800 square feet, Colton uses 1200 square feet and it has worked out well for the City.

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6 compliance with the standards set forth in subsections (e) and (f) 1 below. 2
(B) The City may charge a fee to reimburse it for costs incurred in 3 processing ADU permits, including the costs of adopting or 4 amending the City’s ADU ordinance. The ADU-permit 5
processing fee is determined by the Development Services 6 Director and approved by the City Council by resolution. 7 (3) Process and Timing. 8
(A) An ADU permit is considered and approved ministerially, without 9 discretionary review or a hearing. 10
(B) The City must approve or deny an application to create an ADU 11 or JADU within 60 days from the date that the City receives a 12 completed application. If the City has not approved or denied the 13 completed application within 60 days, the application is deemed 14 approved unless either: 15
(i) The applicant requests a delay, in which case the 60-day time 16 period is tolled for the period of the requested delay, or 17 (ii) When an application to create an ADU or JADU is submitted with 18 a permit application to create a new single-family or multifamily 19 dwelling on the lot, the City may delay acting on the permit 20 application for the ADU or JADU until the City acts on the permit 21 application to create the new single-family or multifamily 22 dwelling, but the application to create the ADU or JADU will still 23 be considered ministerially without discretionary review or a 24 hearing. 25
(C) If the City denies an application to create an ADU or JADU, the 26 City must provide the applicant with comments that include, 27 among other things, a list of all the defective or deficient items 28 and a description of how the application may be remedied by the 29 applicant. Notice of the denial and corresponding comments must 30 be provided to the applicant within the 60-day time period 31 established by subsection (d)(3)(B) above. 32
(D) A demolition permit for a detached garage that is to be replaced 33 with an ADU is reviewed with the application for the ADU and 34 issued at the same time. 35
(e) General ADU and JADU Requirements. The following requirements apply to all 36 ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above: 37 (1) Zoning. 38

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7 (A) An ADU or JADU subject only to a building permit under 1 subsection (d)(1) above may be created on a lot in a residential or 2 mixed-use zone. 3
(B) An ADU or JADU subject to an ADU permit under subsection 4 (d)(2) above may be created on a lot that is zoned to allow single-5 family dwelling residential use or multifamily dwelling residential 6 use. 7
(2) Height. 8
(A) Except as otherwise provided by subsections (e)(2)(B) and 9 (e)(2)(C) below, a detached ADU created on a lot with an existing 10 or proposed single family or multifamily dwelling unit may not 11 exceed 35 feet in height. 12
(B) A detached ADU may be up to two stories with a maximum height 13 of 35 feet if it is created on a lot with an existing or proposed single 14 family or multifamily dwelling unit that is located within one-half 15 mile walking distance of a major transit stop or a high quality 16 transit corridor, as those terms are defined in Section 21155 of the 17 Public Resources Code. 18
(C) A detached ADU created on a lot with an existing or proposed 19 multifamily dwelling that has more than one story above grade 20 may not exceed two stories or 30 feet in height. 21
(D) An ADU that is attached to the primary dwelling may not exceed 22 35 feet in height or the height limitation imposed by the 23 underlying zone that applies to the primary dwelling, whichever is 24 lower. Notwithstanding the foregoing, ADUs subject to this 25 subsection (e)(2)(D) may not exceed two stories. 26
(E) For purposes of this subsection (e)(2), height is measured above 27 existing legal grade to the peak of the structure. 28 (3) Fire Sprinklers. 29
(A) Fire sprinklers are required in an ADU if sprinklers are required 30 in the primary residence. 31
(B) The construction of an ADU does not trigger a requirement for 32 fire sprinklers to be installed in the existing primary dwelling. 33 (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 34 days. This prohibition applies regardless of when the ADU or JADU was created. 35 (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as 36 otherwise provided in Government Code Section 65852.26, no ADU or JADU 37 Commented [A3]: Staff recommends 35 to allow a second
story ADU consistent with current residential standard
requirements.

Commented [A4]: Staff increased height to allow second
story
Commented [A5]: Staff increased height to allow second
story
Commented [A6]: Staff increased height to allow second story
Commented [A7]: Height section is new to this part of the ADU Code clarifying height maximums. City may allow higher or heights relative to their codes.

Commented [A8]: New clarifying language.

Commented [A9]: Clarifying language regarding dates of
an ADU/JADU construction.

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8 may be sold or otherwise conveyed separately from the lot and the primary 1 dwelling (in the case of a single-family lot) or from the lot and all of the dwellings 2 (in the case of a multifamily lot). 3
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-4 treatment system, the owner must include with the application a percolation test 5 completed within the last five years or, if the percolation test has been recertified, 6 within the last 10 years. 7
(7) Owner Occupancy. 8
(A) An ADU that is permitted after January 1, 2020, but before 9 January 1, 2025, is not subject to any owner-occupancy 10 requirement. 11
(B) Unless applicable law requires otherwise, all ADUs that are 12 permitted on or after January 1, 2025 are subject to an owner-13 occupancy requirement. A natural person with legal or equitable 14 title to the property must reside on the property as the person’s 15 legal domicile and permanent residence. 16
(C) As required by state law, all JADUs are subject to an owner-17 occupancy requirement. A natural person with legal or equitable 18 title to the property must reside on the property, in either the 19 primary dwelling or JADU, as the person’s legal domicile and 20 permanent residence. However, the owner-occupancy requirement 21 in this subsection (e)(7)(C) does not apply if the property is 22 entirely owned by another governmental agency, land trust, or 23 housing organization. 24
(8) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a 25 deed restriction must be recorded against the title of the property in the County 26 Recorder’s office and a copy filed with the Director or designee. The deed 27 restriction must run with the land and bind all future owners. The form of the deed 28 restriction will be provided by the City and must provide that: 29 (A) Except as otherwise provided in Government Code Section 30 65852.26, the ADU or JADU may not be sold separately from the 31 primary dwelling. 32
(B) The ADU or JADU is restricted to the approved size and to other 33 attributes allowed by this section. 34
(C) The deed restriction runs with the land and may be enforced 35 against future property owners. 36
(D) The deed restriction may be removed if the owner eliminates the 37 ADU or JADU, as evidenced by, for example, removal of the 38 kitchen facilities. To remove the deed restriction, an owner may 39 Commented [A10]: New language per state law

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9 make a written request of the Director, providing evidence that 1 the ADU or JADU has in fact been eliminated. The Director may 2 then determine whether the evidence supports the claim that the 3 ADU or JADU has been eliminated. Appeal may be taken from 4 the Director’s determination consistent with other provisions of 5 this Code. If the ADU or JADU is not entirely physically 6 removed, but is only eliminated by virtue of having a necessary 7 component of an ADU or JADU removed, the remaining structure 8 and improvements must otherwise comply with applicable 9 provisions of this Code. 10
(E) The deed restriction is enforceable by the director or his or her 11 designee for the benefit of the City. Failure of the property owner 12 to comply with the deed restriction may result in legal action 13 against the property owner, and the City is authorized to obtain 14 any remedy available to it at law or equity, including, but not 15 limited to, obtaining an injunction enjoining the use of the ADU 16 or JADU in violation of the recorded restrictions or abatement of 17 the illegal unit. 18
(9) Income Reporting. In order to facilitate the City’s obligation to identify adequate 19 sites for housing in accordance with Government Code sections 65583.1 and 20 65852.2, the following requirements must be satisfied: 21 (A) With the building-permit application, the applicant must provide 22 the City with an estimate of the projected annualized rent that will 23 be charged for the ADU or JADU. 24
(B) Within 90 days after each yearly anniversary of the issuance of 25 the building permit, the owner must report the actual rent charged 26 for the ADU or JADU during the prior year. If the City does not 27 receive the report within the 90-day period, the owner is in 28 violation of this Code, and the City may send the owner a notice 29 of violation and allow the owner another 30 days to submit the 30 report. If the owner fails to submit the report within the 30-day 31 period, the City may enforce this provision in accordance with 32 applicable law. 33
(10) Building & Safety. 34
(A) Must comply with building code. Subject to subsection 35 (e)(10)(B) below, all ADUs and JADUs must comply with all 36 local building code requirements. 37
(B) No change of occupancy. Construction of an ADU does not 38 constitute a Group R occupancy change under the local building 39 code, as described in Section 310 of the California Building Code, 40 unless the Building Official makes a written finding based on 41 substantial evidence in the record that the construction of the 42 Commented [A11]: New language per state law.

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10 ADU could have a specific, adverse impact on public health and 1 safety. Nothing in this subsection (e)(10)(B) prevents the City 2 from changing the occupancy code of a space that was 3
uninhabitable space or that was only permitted for nonresidential 4 use and was subsequently converted for residential use in 5 accordance with this section. 6
(f) Specific ADU Requirements. The following requirements apply only to ADUs that 7 require an ADU permit under subsection (d)(2) above. 8
(1) Maximum Size. 9
(A) The maximum size of a detached or attached ADU subject to this 10 subsection (f) is 850 square feet for a studio or one-bedroom unit 11 and 1,200 square feet for a unit with two or more bedrooms. No 12 more than two bedrooms are allowed. 13
(B) An attached ADU that is created on a lot with an existing primary 14 dwelling is further limited to 75 percent of the floor area of the 15 existing primary dwelling. 16
(C) Application of other development standards in this subsection (f), 17 such as FAR or lot coverage, might further limit the size of the 18 ADU, but no application of the percent-based size limit in 19 subsection (f)(1)(B) above or of an FAR, front setback, lot 20 coverage limit, or open-space requirement may require the ADU 21 to be less than 800 square feet. 22
(2) Setbacks. 23
(A) An ADU that is subject to this subsection (f) must conform to a 24 25-foot front-yard setback. 25
(B) ADU that is subject to this subsection (f) must conform to 4-foot 26 side- and rear-yard setbacks. 27
(C) No setback is required for an ADU that is subject to this 28 subsection (f) if the ADU is constructed in the same location and 29 to the same dimensions as an existing structure. 30
(3) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot 31 coverage of the lot to exceed 55 percent, subject to subsection (f)(1)(C) above. 32 (4) Minimum Open Space. No ADU subject to this subsection (f) may cause the 33 total percentage of open space of the lot to fall below 30 percent, subject to 34 subsection (f)(1)(C) above. 35
(5) Passageway. No passageway, as defined by subsection (c)(8) above, is required 36 for an ADU. 37
Commented [A12]: Restriction on bedrooms removed per
state law.

Commented [A13]: Due to smaller homes in the City, this requirement has worked well in practice. State does require minimum ADU size to be 800 square feet.

Commented [A14]: BBK: No, you don’t get to measure
setback from toe of slope. The statute is clear that it is from the property line. Period. No way around it.

Commented [A15]: Colton requirement. This has worked
well in practice.

Commented [A16]: Colton requirement. This has worked
well in practice.

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11 (6) Parking. 1
(A) Generally. One off-street parking space is required for each ADU. 2 The parking space may be provided in setback areas or as tandem 3 parking, as defined by subsection (c)(12) above. Off-street 4 parking shall be permitted in setback areas or through tandem 5 parking, unless specific findings are made that parking in 6 setback areas or tandem parking is not feasible based on specific 7 site or regional topographical or fire and safety conditions. 8 (B) The required parking space for the ADU must be located on the 9 same lot as the ADU. 10
(C) Access to all required parking for the ADU and primary dwelling 11 must be from a public street, an alley, or a recorded access 12 easement. For any lot served by a panhandle or easement access, 13 the access must be a minimum 20 feet in width. 14
(D) Curb cuts providing access from the public right-of-way to on-site 15 parking spaces must be approved by the City Engineer in 16 accordance with established, objective standards. A construction 17 permit from the City Engineer shall be obtained for any new or 18 widened curb cuts. 19
(E) Required parking spaces or required maneuvering area must be 20 free of any utility poles, support wires, guard rails, stand pipes or 21 meters. 22
(F) All required parking spaces must be kept clear for parking 23 purposes only. 24
(G) Exceptions. No parking under subsection (f)(6)(A) is required in 25 the following situations: 26
(i) The ADU is located within one-half mile walking distance of 27 public transit, as defined in subsection (c)(11) above. 28 (ii) The ADU is located within an architecturally and historically 29 significant historic district. 30
(iii) The ADU is part of the proposed or existing primary residence or 31 an accessory structure under subsection (d)(1)(A) above. 32 (iv) When on-street parking permits are required but not offered to the 33 occupant of the ADU. 34
(v) When there is an established car share vehicle stop located within 35 one block of the ADU. 36
Commented [A17]: Colton requirement. Worked well in
practice.

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12 (vi) When the permit application to create an ADU is submitted with an 1 application to create a new single -family or new multifamily 2 dwelling on the same lot, provided that the ADU or the lot satisfies 3 any other criteria listed in subsections (f)(6)(G)(i) through (v) above. 4 (H) No Replacement. When a garage, carport, or covered parking 5 structure is demolished in conjunction with the construction of an 6 ADU or converted to an ADU, those off-street parking spaces are 7 not required to be replaced. 8
(7) Architectural Requirements. 9
(A) The materials and colors of the exterior walls, roof, and windows 10 and doors must match the appearance and architectural design of 11 those of the primary dwelling. 12
(B) The roof slope must match that of the dominant roof slope of the 13 primary dwelling. The dominant roof slope is the slope shared by 14 the largest portion of the roof. 15
(C) The exterior lighting must be limited to down-lights or as 16 otherwise required by the building or fire code. 17
(D) The ADU must have an independent exterior entrance, apart from 18 that of the primary dwelling. 19
(E) The interior horizontal dimensions of an ADU must be at least 10 20 feet wide in every direction, with a minimum interior wall height 21 of seven feet. 22
(F) Windows and doors of the ADU may not have a direct line of 23 sight to an adjoining residential property. Fencing, landscaping, or 24 privacy glass may be used to provide screening and prevent a 25 direct line of sight. 26
(G) All windows and doors in an ADU are less than 30 feet from a 27 property line that is not a public right-of-way line must either be 28 (for windows) clerestory with the bottom of the glass at least six 29 feet above the finished floor, or (for windows and for doors) 30 utilize frosted or obscure glass. 31
(8) Landscape Requirements. Evergreen landscape screening must be planted and 32 maintained between the ADU and adjacent parcels as follows: 33 (A) At least one 15-gallon size plant shall be provided for every five 34 linear feet of exterior wall. Alternatively, at least one 24” box size 35 plant shall be provided for every ten linear feet of exterior wall. 36 Commented [A18]: New language per state law.

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13 (B) Plant specimens must be at least six feet tall when installed. As an 1 alternative, a solid fence of at least 6 feet in height may be 2 installed. 3
(C) All landscaping must be drought-tolerant. 4
(D) All landscaping must be from the City’s approved plant list. 5 (9) Historical Protections. An ADU that is on or within 600 feet of real property that 6 is listed in the California Register of Historic Resources must be located so as to 7 not be visible from any public right-of-way. 8
a. An ADU that is on same residential block as any real property that is listed in the 9 California Register of Historic Resources must comply with the Secretary of the 10 Interior's objective Standards for Preservation, Rehabilitation, Restoration, or 11 Reconstruction the Treatment of Historic Properties, as applicable. 12 b. An ADU on a designated historical site must comply with the following: 13 (1) The ADU must be located behind a primary residence that is determined to 14 be a historic resource. 15
(2) The construction of the ADU must not result in the removal of any other 16 historically significant accessory structure, such as a garage, outbuilding, 17 stable, or other similar structure. 18
(3) Construction of an ADU may not result in demolition, exterior alteration, 19 or relocation of any historic structure and any other on-site feature that 20 convey the historic significance of the structure and site. 21 (4) If a historic property is under a Mills Act contract with the City, the 22 contract must be amended to authorize the addition of the ADU to the 23 property. 24
(g) Fees. The following requirements apply to all ADUs that are approved under 25 subsections (d)(1) or (d)(2) above. 26
(1) Impact Fees. 27
(A) No impact fee is required for an ADU that is less than 750 square 28 feet in size. For purposes of this subsection (g)(1), “impact fee” 29 means a “fee” under the Mitigation Fee Act (Gov. Code 30 § 66000(b)) and a fee under the Quimby Act (Gov. Code 31 § 66477). “Impact fee” here does not include any connection fee 32 or capacity charge for water or sewer service. 33
(B) Any impact fee that is required for an ADU that is 750 square feet 34 or larger in size must be charged proportionately in relation to the 35 square footage of the primary dwelling unit. (E.g., the floor area 36 Commented [A19]: Historical section updated per BBK
recommendation.

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14 of the ADU, divided by the floor area of the primary dwelling, 1 times the typical fee amount charged for a new dwelling.) 2 (2) Utility Fees. 3
(A) If an ADU is constructed with a new single-family home, a 4 separate utility connection directly between the ADU and the 5 utility and payment of the normal connection fee and capacity 6 charge for a new dwelling are required. 7
(B) Except as described in subsection (g)(2)(A), converted ADUs on a 8 single-family lot that are created under subsection (d)(1)(A) above 9 are not required to have a new or separate utility connection 10 directly between the ADU and the utility. Nor is a connection fee 11 or capacity charge required. 12
(C) Except as described in subsection (g)(2)(A), all ADUs that are not 13 covered by subsection (g)(2)(B) require a new, separate utility 14 connection directly between the ADU and the utility. 15 (i) The portion of the fee or charge that is charged by the City 16 may not exceed the reasonable cost of providing this 17 service. 18
(h) Nonconforming Zoning Code Conditions, Building Code Violations, and 19 Unpermitted Structures. 20
(1) Generally. The City will not deny an ADU or JADU application due to a 21 nonconforming zoning condition, building code violation, or unpermitted 22 structure on the lot that does not present a threat to the public health and safety 23 and that is not affected by the construction of the ADU or JADU. 24 (2) Unpermitted ADUs constructed before 2018. 25
(A) Permit to Legalize. As required by state law, the City may not 26 deny a permit to legalize an existing but unpermitted ADU that 27 was constructed before January 1, 2018, if denial is based on 28 either of the following grounds: 29
(i) The ADU violates applicable building standards, or 30 (ii) The ADU does not comply with the state ADU law (Government 31 Code section 65852.2) or this ADU ordinance (section 18.48.150). 32 (B) Exceptions: 33
(i) Notwithstanding subsection (h)(2)(A) above, the City may deny a 34 permit to legalize an existing but unpermitted ADU that was 35 constructed before January 1, 2018, if the City makes a finding that 36 Commented [A20]: D and E incorporated into C
Commented [A21R20]: BBK: Indent to make it obvious,
otherwise the reference to “the connection” is floating.

Commented [A22]: New language per state law.

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15 correcting a violation is necessary to protect the health and safety 1 of the public or of occupants of the structure. 2
(ii) Subsection (h)(2)(A) above does not apply to a building that is 3 deemed to be substandard in accordance with California Health 4 and Safety Code section 17920.3. 5
(i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that 6 does not conform to the objective standards set forth in subsections (a) through (h) of this 7 section may be allowed by the City with a conditional use permit, in accordance with the 8 other provisions of this title. 9
10 SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, 11 sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be 12 unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision 13 shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part 14 thereof. The City Council hereby declares that it would have passed each section, subsection, 15 subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) 16 or more subsections, subdiv isions, paragraphs, sentences, clauses, or phrases be declared 17 unconstitutional, or invalid, or ineffective. 18
19 SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY 20
ACT FINDING. The City Council Finds that under California Public 21 Resources Code section 21080.17, the California Environmental Quality Act 22 (“CEQA”) does not apply to the adoption of an ordinance by a city or county 23 implementing the provisions of section 65852.2 of the Government Code, 24 which is California’s ADU law and which also regulates JADUs, as defined by 25 section 65852.22. Therefore, the proposed ordinance is statutorily exempt from 26 CEQA in that the proposed ordinance implements the State’s ADU law 27 SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect 28 and be in full force and operation from and after thirty (30) days after its final 29 passage and adoption. 30
SECTION 6. PUBLICATION. The City Clerk shall certify to the 31 adoption of this ordinance. Not later than fifteen (15) days following the 32 passage of this ordinance, the ordinance, or a summary thereof, along with the 33 names of the City Council members voting for and against the ordinance, shall 34

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16 be published in a newspaper of general circulation in the City of Colton. 1 SECTION 7. FILING. The City Clerk shall submit a copy of this 2 ordinance to the Department of Housing and Community Development within 3 60 days after adoption. The City Clerk shall also submit a Notice of Exemption 4 within three days after adoption. 5
PASSED, APPROVED AND ADOPTED by the City Council of the City of 6 Colton, California, at a regular meeting of the City Council held on the ___ day 7 of _________, 2023 by the following vote: 8
AYES: 9
NOES: 10
ABSENT: 11
ABSTAIN: 12
______________________________13
_ 14
FRANK J. NAVARRO, Mayor 15
ATTEST: 16
________________________________ 17
STEPHANIE VARGAS, Deputy City Clerk 18
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4 (D) If the unit does not include its own separate bathroom, then it 1 contains an interior entrance to the main living area of the existing 2 or proposed single-family structure in addition to an exterior 3 entrance that is separate from the main entrance to the primary 4 dwelling. 5
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) 6 above. 7
(6) “Living area” means the interior habitable area of a dwelling unit, including 8 basements and attics, but does not include a garage or any accessory structure. 9 (7) “Nonconforming zoning condition” means a physical improvement on a property 10 that does not conform with current zoning standards. 11 (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends 12 from a street to one entrance of the ADU or JADU. 13
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application 14 and that meets the requirements for permitting. 15
(10) “Public transit” means a location, including, but not limited to, a bus stop or train 16 station, where the public may access buses, trains, subways, and other forms of 17 transportation that charge set fares, run on fixed routes, and are available to the 18 public. 19
(11) “Tandem parking” means that two or more automobiles are parked on a driveway 20 or in any other location on a lot, lined up behind one another. 21 (d) Approvals. The following approvals apply to ADUs and JADUs under this section: 22 (1) Building-permit Only. If an ADU or JADU complies with each of the general 23 requirements in subsection (e) below, it is allowed with only a building permit in 24 the following scenarios: 25
(A) Converted on Single-family Lot: One ADU as described in this 26 subsection (d)(1)(A) and one JADU on a lot with a proposed or 27 existing single-family dwelling on it, where the ADU or JADU: 28 (i) Is either: within the space of a proposed single-family dwelling; 29 within the existing space of an existing single-family dwelling; or 30 (in the case of an ADU only) within the existing space of an 31 accessory structure, plus up to 150 additional square feet if the 32 expansion is limited to accommodating ingress and egress; and 33 (ii) Has exterior access that is independent of that for the single-family 34 dwelling; and 35

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5 (iii) Has side and rear setbacks sufficient for fire and safety, as dictated 1 by applicable building and fire codes. 2
(iv) The JADU complies with the requirements of Government Code 3 Section 65852.22. 4
(B) Limited Detached on Single-family Lot: One detached, new-5 construction ADU on a lot with a proposed or existing single-6 family dwelling (in addition to any JADU that might otherwise be 7 established on the lot under subsection (d)(1)(A) above), if the 8 detached ADU satisfies each of the following limitations: 9 (i) The side- and rear-yard setbacks are at least four feet. 10 (ii) The total floor area is 1200 square feet or smaller. 11 (iii) The peak height above grade does not exceed the applicable height 12 limit in subsection (e)(2) below. 13
(C) Converted on Multifamily Lot: One or more ADUs within 14 portions of existing multifamily dwelling structures that are not 15 used as livable space, including but not limited to storage rooms, 16 boiler rooms, passageways, attics, basements, or garages, if each 17 converted ADU complies with state building standards for 18 dwellings. Under this subsection (d)(1)(C), at least one converted 19 ADU is allowed within an existing multifamily dwelling, up to a 20 quantity equal to 25 percent of the existing multifamily dwelling 21 units. 22
(D) Limited Detached on Multifamily Lot: No more than two 23 detached ADUs on a lot that has an existing or proposed 24 multifamily dwelling if each detached ADU satisfies both of the 25 following limitations: 26
(i) The side- and rear-yard setbacks are at least four feet. If the 27 existing multifamily dwelling has a rear or side yard setback of 28 less than four feet, the City will not require any modification to the 29 multifamily dwelling as a condition of approving the ADU. 30 (ii) The peak height above grade does not exceed the applicable height 31 limit provided in subsection (e)(2) below. 32
(2) ADU Permit. 33
(A) Except as allowed under subsection (d)(1) above, no ADU may be 34 created without a building permit and an ADU permit in 35 compliance with the standards set forth in subsections (e) and (f) 36 below. 37

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6 (B) The City may charge a fee to reimburse it for costs incurred in 1 processing ADU permits, including the costs of adopting or 2 amending the City’s ADU ordinance. The ADU-permit 3
processing fee is determined by the Development Services 4 Director and approved by the City Council by resolution. 5 (3) Process and Timing. 6
(A) An ADU permit is considered and approved ministerially, without 7 discretionary review or a hearing. 8
(B) The City must approve or deny an application to create an ADU 9 or JADU within 60 days from the date that the City receives a 10 completed application. If the City has not approved or denied the 11 completed application within 60 days, the application is deemed 12 approved unless either: 13
(i) The applicant requests a delay, in which case the 60-day time 14 period is tolled for the period of the requested delay, or 15 (ii) When an application to create an ADU or JADU is submitted with 16 a permit application to create a new single-family or multifamily 17 dwelling on the lot, the City may delay acting on the permit 18 application for the ADU or JADU until the City acts on the permit 19 application to create the new single-family or multifamily 20 dwelling, but the application to create the ADU or JADU will still 21 be considered ministerially without discretionary review or a 22 hearing. 23
(C) If the City denies an application to create an ADU or JADU, the 24 City must provide the applicant with comments that include, 25 among other things, a list of all the defective or deficient items 26 and a description of how the application may be remedied by the 27 applicant. Notice of the denial and corresponding comments must 28 be provided to the applicant within the 60-day time period 29 established by subsection (d)(3)(B) above. 30
(D) A demolition permit for a detached garage that is to be replaced 31 with an ADU is reviewed with the application for the ADU and 32 issued at the same time. 33
(e) General ADU and JADU Requirements. The following requirements apply to all 34 ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above: 35 (1) Zoning. 36
(A) An ADU or JADU subject only to a building permit under 37 subsection (d)(1) above may be created on a lot in a residential or 38 mixed-use zone. 39

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7 (B) An ADU or JADU subject to an ADU permit under subsection 1 (d)(2) above may be created on a lot that is zoned to allow single-2 family dwelling residential use or multifamily dwelling residential 3 use. 4
(2) Height. 5
(A) Except as otherwise provided by subsections (e)(2)(B) and 6 (e)(2)(C) below, a detached ADU created on a lot with an existing 7 or proposed single family or multifamily dwelling unit may not 8 exceed 35 feet in height. 9
(B) A detached ADU may be up to two stories with a maximum height 10 of 35 feet if it is created on a lot with an existing or proposed single 11 family or multifamily dwelling unit that is located within one -half 12 mile walking distance of a major transit stop or a high quality 13 transit corridor, as those terms are defined in Section 21155 of the 14 Public Resources Code. 15
(C) A detached ADU created on a lot with an existing or proposed 16 multifamily dwelling that has more than one story above grade 17 may not exceed two stories or 30 feet in height. 18
(D) An ADU that is attached to the primary dwelling may not exceed 19 35 feet in height or the height limitation imposed by the 20 underlying zone that applies to the primary dwelling, whichever is 21 lower. Notwithstanding the foregoing, ADUs subject to this 22 subsection (e)(2)(D) may not exceed two stories. 23
(E) For purposes of this subsection (e)(2), height is measured above 24 existing legal grade to the peak of the structure. 25 (3) Fire Sprinklers. 26
(A) Fire sprinklers are required in an ADU if sprinklers are required 27 in the primary residence. 28
(B) The construction of an ADU does not trigger a requirement for 29 fire sprinklers to be installed in the existing primary dwelling. 30 (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 31 days. This prohibition applies regardless of when the ADU or JADU was created. 32 (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as 33 otherwise provided in Government Code Section 65852.26, no ADU or JADU 34 may be sold or otherwise conveyed separately from the lot and the primary 35 dwelling (in the case of a single-family lot) or from the lot and all of the dwellings 36 (in the case of a multifamily lot). 37

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8 (6) Septic System. If the ADU or JADU will connect to an onsite wastewater-1 treatment system, the owner must include with the application a percolation test 2 completed within the last five years or, if the percolation test has been recertified, 3 within the last 10 years. 4
(7) Owner Occupancy. 5
(A) An ADU that is permitted after January 1, 2020, but before 6 January 1, 2025, is not subject to any owner-occupancy 7 requirement. 8
(B) Unless applicable law requires otherwise, all ADUs that are 9 permitted on or after January 1, 2025 are subject to an owner-10 occupancy requirement. A natural person with legal or equitable 11 title to the property must reside on the property as the person’s 12 legal domicile and permanent residence. 13
(C) As required by state law, all JADUs are subject to an owner-14 occupancy requirement. A natural person with legal or equitable 15 title to the property must reside on the property, in either the 16 primary dwelling or JADU, as the person’s legal domicile and 17 permanent residence. However, the owner-occupancy requirement 18 in this subsection (e)(7)(C) does not apply if the property is 19 entirely owned by another governmental agency, land trust, or 20 housing organization. 21
(8) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a 22 deed restriction must be recorded against the title of the property in the County 23 Recorder’s office and a copy filed with the Director or designee. The deed 24 restriction must run with the land and bind all future owners. The form of the deed 25 restriction will be provided by the City and must provide that: 26 (A) Except as otherwise provided in Government Code Section 27 65852.26, the ADU or JADU may not be sold separately from the 28 primary dwelling. 29
(B) The ADU or JADU is restricted to the approved size and to other 30 attributes allowed by this section. 31
(C) The deed restriction runs with the land and may be enforced 32 against future property owners. 33
(D) The deed restriction may be removed if the owner eliminates the 34 ADU or JADU, as evidenced by, for example, removal of the 35 kitchen facilities. To remove the deed restriction, an owner may 36 make a written request of the Director, providing evidence that 37 the ADU or JADU has in fact been eliminated. The Director may 38 then determine whether the evidence supports the claim that the 39 ADU or JADU has been eliminated. Appeal may be taken from 40

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9 the Director’s determination consistent with other provisions of 1 this Code. If the ADU or JADU is not entirely physically 2 removed, but is only eliminated by virtue of having a necessary 3 component of an ADU or JADU removed, the remaining structure 4 and improvements must otherwise comply with applicable 5 provisions of this Code. 6
(E) The deed restriction is enforceable by the director or his or her 7 designee for the benefit of the City. Failure of the property owner 8 to comply with the deed restriction may result in legal action 9 against the property owner, and the City is authorized to obtain 10 any remedy available to it at law or equity, including, but not 11 limited to, obtaining an injunction enjoining the use of the ADU 12 or JADU in violation of the recorded restrictions or abatement of 13 the illegal unit. 14
(9) Income Reporting. In order to facilitate the City’s obligation to identify adequate 15 sites for housing in accordance with Government Code sections 65583.1 and 16 65852.2, the following requirements must be satisfied: 17 (A) With the building-permit application, the applicant must provide 18 the City with an estimate of the projected annualized rent that will 19 be charged for the ADU or JADU. 20
(B) Within 90 days after each yearly anniversary of the issuance of 21 the building permit, the owner must report the actual rent charged 22 for the ADU or JADU during the prior year. If the City does not 23 receive the report within the 90-day period, the owner is in 24 violation of this Code, and the City may send the owner a notice 25 of violation and allow the owner another 30 days to submit the 26 report. If the owner fails to submit the report within the 30-day 27 period, the City may enforce this provision in accordance with 28 applicable law. 29
(10) Building & Safety. 30
(A) Must comply with building code. Subject to subsection 31 (e)(10)(B) below, all ADUs and JADUs must comply with all 32 local building code requirements. 33
(B) No change of occupancy. Construction of an ADU does not 34 constitute a Group R occupancy change under the local building 35 code, as described in Section 310 of the California Building Code, 36 unless the Building Official makes a written finding based on 37 substantial evidence in the record that the construction of the 38 ADU could have a specific, adverse impact on public health and 39 safety. Nothing in this subsection (e)(10)(B) prevents the City 40 from changing the occupancy code of a space that was 41 uninhabitable space or that was only permitted for nonresidential 42

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10 use and was subsequently converted for residential use in 1 accordance with this section. 2
(f) Specific ADU Requirements. The following requirements apply only to ADUs that 3 require an ADU permit under subsection (d)(2) above. 4
(1) Maximum Size. 5
(A) The maximum size of a detached or attached ADU subject to this 6 subsection (f) is 850 square feet for a studio or one-bedroom unit 7 and 1,200 square feet for a unit with two or more bedrooms. 8 (B) An attached ADU that is created on a lot with an existing primary 9 dwelling is further limited to 75 percent of the floor area of the 10 existing primary dwelling. 11
(C) Application of other development standards in this subsection (f), 12 such as FAR or lot coverage, might further limit the size of the 13 ADU, but no application of the percent-based size limit in 14 subsection (f)(1)(B) above or of an FAR, front setback, lot 15 coverage limit, or open-space requirement may require the ADU 16 to be less than 800 square feet. 17
(2) Setbacks. 18
(A) An ADU that is subject to this subsection (f) must conform to a 19 25-foot front-yard setback. 20
(B) ADU that is subject to this subsection (f) must conform to 4-foot 21 side- and rear-yard setbacks. 22
(C) No setback is required for an ADU that is subject to this 23 subsection (f) if the ADU is constructed in the same location and 24 to the same dimensions as an existing structure. 25
(3) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot 26 coverage of the lot to exceed 55 percent, subject to subsection (f)(1)(C) above. 27 (4) Minimum Open Space. No ADU subject to this subsection (f) may cause the 28 total percentage of open space of the lot to fall below 30 percent, subject to 29 subsection (f)(1)(C) above. 30
(5) Passageway. No passageway, as defined by subsection (c)(8) above, is required 31 for an ADU. 32
(6) Parking. 33
(A) Generally. One off-street parking space is required for each ADU. 34 The parking space may be provided in setback areas or as tandem 35

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11 parking, as defined by subsection (c)(11) above. Off-street 1 parking shall be permitted in setback areas or through tandem 2 parking, unless specific findings are made that park ing in 3 setback areas or tandem parking is not feasible based on specific 4 site or regional topographical or fire and safety conditions. 5 (B) The required parking space for the ADU must be located on the 6 same lot as the ADU. 7
(C) Access to all required parking for the ADU and primary dwelling 8 must be from a public street, an alley, or a recorded access 9 easement. For any lot served by a panhandle or easement access, 10 the access must be a minimum 20 feet in width. 11
(D) Curb cuts providing access from the public right-of-way to on-site 12 parking spaces must be approved by the City Engineer in 13 accordance with established, objective standards. A construction 14 permit from the City Engineer shall be obtained for any new or 15 widened curb cuts. 16
(E) Required parking spaces or required maneuvering area must be 17 free of any utility poles, support wires, guard rails, stand pipes or 18 meters. 19
(F) All required parking spaces must be kept clear for parking 20 purposes only. 21
(G) Exceptions. No parking under subsection (f)(6)(A) is required in 22 the following situations: 23
(i) The ADU is located within one-half mile walking distance of 24 public transit, as defined in subsection (c)(10) above. 25 (ii) The ADU is located within an architecturally and historically 26 significant historic district. 27
(iii) The ADU is part of the proposed or existing primary residence or 28 an accessory structure under subsection (d)(1)(A) above. 29 (iv) When on-street parking permits are required but not offered to the 30 occupant of the ADU. 31
(v) When there is an established car share vehicle stop located within 32 one block of the ADU. 33
(vi) When the permit application to create an ADU is submitted with an 34 application to create a new single -family or new multifamily 35 dwelling on the same lot, provided that the ADU or the lot satisfies 36 any other criteria listed in subsections (f)(6)(G)(i) through (v) above. 37

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12 (H) No Replacement. When a garage, carport, or covered parking 1 structure is demolished in conjunction with the construction of an 2 ADU or converted to an ADU, those off-street parking spaces are 3 not required to be replaced. 4
(7) Architectural Requirements. 5
(A) The materials and colors of the exterior walls, roof, and windows 6 and doors must match the appearance and architectural design of 7 those of the primary dwelling. 8
(B) The roof slope must match that of the dominant roof slope of the 9 primary dwelling. The dominant roof slope is the slope shared by 10 the largest portion of the roof. 11
(C) The exterior lighting must be limited to down-lights or as 12 otherwise required by the building or fire code. 13
(D) The ADU must have an independent exterior entrance, apart from 14 that of the primary dwelling. 15
(E) The interior horizontal dimensions of an ADU must be at least 10 16 feet wide in every direction, with a minimum interior wall height 17 of seven feet. 18
(F) Windows and doors of the ADU may not have a direct line of 19 sight to an adjoining residential property. Fencing, landscaping, or 20 privacy glass may be used to provide screening and prevent a 21 direct line of sight. 22
(G) All windows and doors in an ADU are less than 30 feet from a 23 property line that is not a public right-of-way line must either be 24 (for windows) clerestory with the bottom of the glass at least six 25 feet above the finished floor, or (for windows and for doors) 26 utilize frosted or obscure glass. 27
(8) Landscape Requirements. Evergreen landscape screening must be planted and 28 maintained between the ADU and adjacent parcels as follows: 29 (A) At least one 15-gallon size plant shall be provided for every five 30 linear feet of exterior wall. Alternatively, at least one 24” box size 31 plant shall be provided for every ten linear feet of exterior wall. 32 (B) Plant specimens must be at least six feet tall when installed. As an 33 alternative, a solid fence of at least 6 feet in height may be 34 installed. 35
(C) All landscaping must be drought-tolerant. 36

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13 (D) All landscaping must be from the City’s approved plant list. 1 (9) Historical Protections. An ADU that is on or within 600 feet of real property that 2 is listed in the California Register of Historic Resources must be located so as to 3 not be visible from any public right-of-way. 4
(g) Fees. The following requirements apply to all ADUs that are approved under 5 subsections (d)(1) or (d)(2) above. 6
(1) Impact Fees. 7
(A) No impact fee is required for an ADU that is less than 750 square 8 feet in size. For purposes of this subsection (g)(1), “impact fee” 9 means a “fee” under the Mitigation Fee Act (Gov. Code 10 § 66000(b)) and a fee under the Quimby Act (Gov. Code 11 § 66477). “Impact fee” here does not include any connection fee 12 or capacity charge for water or sewer service. 13
(B) Any impact fee that is required for an ADU that is 750 square feet 14 or larger in size must be charged proportionately in relation to the 15 square footage of the primary dwelling unit. (E.g., the floor area 16 of the ADU, divided by the floor area of the primary dwelling, 17 times the typical fee amount charged for a new dwelling.) 18 (2) Utility Fees. 19
(A) If an ADU is constructed with a new single-family home, a 20 separate utility connection directly between the ADU and the 21 utility and payment of the normal connection fee and capacity 22 charge for a new dwelling are required. 23
(B) Except as described in subsection (g)(2)(A), converted ADUs on a 24 single-family lot that are created under subsection (d)(1)(A) above 25 are not required to have a new or separate utility connection 26 directly between the ADU and the utility. Nor is a connection fee 27 or capacity charge required. 28
(C) Except as described in subsection (g)(2)(A), all ADUs that are not 29 covered by subsection (g)(2)(B) require a new, separate utility 30 connection directly between the ADU and the utility. 31 (i) The portion of the fee or charge that is charged by the City 32 may not exceed the reasonable cost of providing this 33 service. 34
(h) Nonconforming Zoning Code Conditions, Building Cod e Violations, and 35 Unpermitted Structures. 36

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14 (1) Generally. The City will not deny an ADU or JADU application due to a 1 nonconforming zoning condition, building code violation, or unpermitted 2 structure on the lot that does not present a threat to the public health and safety 3 and that is not affected by the construction of the ADU or JADU. 4 (2) Unpermitted ADUs constructed before 2018. 5
(A) Permit to Legalize. As required by state law, the City may not 6 deny a permit to legalize an existing but unpermitted ADU that 7 was constructed before January 1, 2018, if denial is based on 8 either of the following grounds: 9
(i) The ADU violates applicable building standards, or 10 (ii) The ADU does not comply with the state ADU law (Government 11 Code section 65852.2) or this ADU ordinance (section 18.48.150). 12 (B) Exceptions: 13
(i) Notwithstanding subsection (h)(2)(A) above, the City may deny a 14 permit to legalize an existing but unpermitted ADU that was 15 constructed before January 1, 2018, if the City makes a finding that 16 correcting a violation is necessary to protect the health and safety 17 of the public or of occupants of the structure. 18
(ii) Subsection (h)(2)(A) above does not apply to a building that is 19 deemed to be substandard in accordance with California Health 20 and Safety Code section 17920.3. 21
(i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that 22 does not conform to the objective standards set forth in subsections (a) through (h) of this 23 section may be allowed by the City with a conditional use permit, in accordance with the 24 other provisions of this title. 25
26 SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, 27 sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be 28 unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision 29 shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part 30 thereof. The City Council hereby declares that it would have passed each section, subsection, 31 subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) 32 or more subsections, subdivisions, para graphs, sentences, clauses, or phrases be declared 33 unconstitutional, or invalid, or ineffective. 34
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15 SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY 1
ACT FINDING. The City Council Finds that under California Public 2 Resources Code section 21080.17, the California E nvironmental Quality Act 3 (“CEQA”) does not apply to the adoption of an ordinance by a city or county 4 implementing the provisions of section 65852.2 of the Government Code, 5 which is California’s ADU law and which also regulates JADUs, as defined by 6 section 65852.22. Therefore, the proposed ordinance is statutorily exempt from 7 CEQA in that the proposed ordinance implements the State’s ADU law 8 SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect 9 and be in full force and operation from and after thirt y (30) days after its final 10 passage and adoption. 11
SECTION 6. PUBLICATION. The City Clerk shall certify to the 12 adoption of this ordinance. Not later than fifteen (15) days following the 13 passage of this ordinance, the ordinance, or a summary thereof, along with the 14 names of the City Council members voting for and against the ordinance, shall 15 be published in a newspaper of general circulation in the City of Colton. 16 SECTION 7. FILING. The City Clerk shall submit a copy of this 17 ordinance to the Department of Housing and Community Development within 18 60 days after adoption. The City Clerk shall also submit a Notice of Exemption 19 within three days after adoption. 20
PASSED, APPROVED AND ADOPTED by the City Council of the City of 21 Colton, California, at a regular meeting of the City Council held on the ___ day 22 of _________, 2023 by the following vote: 23
AYES: 24
NOES: 25
ABSENT: 26
ABSTAIN: 27
______________________________28
_ 29
FRANK J. NAVARRO, Mayor 30
ATTEST: 31
________________________________ 32
STEPHANIE VARGAS, Deputy City Clerk 33
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ITEM NO. 2

STAFF REPORT

DATE: AUGUST 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION ADOPTING A REPORT
AND STATEMENT OF EXPENSES FOR THE CITY’S WEED

ABATEMENT PROGRAM AND IMPOSING A LIEN UPON
PROPERTY FOR PAYMENT THEREOF, RESOLUTION NO. R-81-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

(1) Hold the Public Hearing to hear objections from vacant property owners to charges incurred by them for weed abatement services provided under the Program, and

(2) Accept the attached “Statement of Expenses” and approve the attached Resolution, and direct staff to file a Certified Copy of Resolution No. R-81-23 with the County Auditor; and,

(3) Authorize the City Manager to complete the agreement for collection of Special Taxes, Fees, and Assessments for Fiscal Year 2023-24.

BACKGROUND

On March 7, 2023, the City Council approved Resolution No. R -16-23, declaring weeds, rubbish and refuse a public nuisance and subject to abatement in accordance with the City standards.

Additionally, the Resolution authorized the Fire Chief to approve a contractor to perform the abatement, to charge an administrative fee, and to place all contractor fees plus administrative fees on the County Tax Rolls for collection.

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Staff Report to the Mayor and City Council
Public Hearing - Weed Abatement Statement of Expenses
August 15, 2023

Page 2 ends

ISSUES/ANALYSIS

Abatement has been completed on approximately 122 vacant parcels. As a courtesy, i nvoices have been sent out, giving the property owners the opportunity to pay the City directly and forgoing placement on the Tax Rolls. At this time, staff has processed a few payments on parcels. Should payments be received for any abatement done, thos e parcels will be removed from the tax rolls.

If no changes are warranted to the Report of Costs, City Council direction is needed to ratify Resolution No. R-81-23 and direct a certified copy to be filed with the County Auditor.

FISCAL IMPACTS

Approximately 122 parcels have been abated to date, resulting in the assessment of approximately $103,576.00 in administrative fees, in addition to the contractor charges of $42,716.00. Any amounts not collected through the invoice process will remain on the tax rolls.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. RESO R-81-23 2023 Weed Abatement Report on Expenses

2. Exhibit A Report of Costs 2023

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RESOLUTION NO. R-81-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON ADOPTING A REPORT AND STATEMENT OF
EXPENSES FOR THE CITY’S WEED ABATEMENT PROGRAM

AND IMPOSING A LIEN UPON PROPERTY FOR PAYMENT

THEREOF

WHEREAS: The Weed Abatement Program of the City of Colton has been carried out in accordance with Municipal Code requirements; and
WHEREAS: The City Council held a hearing on the statement of expenses for abatement of the nuisances and had read and considered the staff report and all objections or protests.

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

That the staff report, and statement of expenses attached hereto as Exhibit A and incorporated herein by reference as submitted to the City Council, toge ther with objections and protests, is hereby confirmed and adopted as amended; and That the cost of the abatement work done or caused to be done by the City shall be paid by August 9, 2023; and
That if said costs are not paid by August 9, 2023, they shall constitute a lien upon the real property against which the nuisance was abated and shall be collected either by a personal civil suit against the person creating, causing, or permitting the nuisance or by a special assessment against the real property; and
That the City Clerk shall file a certified copy of this Resolution and report and statement of expenses with the San Bernardino County Auditor, Assessor and Tax Collector, and shall direct the auditor to enter the amounts of the charges contained in the r eport and statement of expenses against the real property described in the report and statement of expense; and

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RVPUB\MXM\666167.1 - 2 -

That the amount of the charges shall constitute a lien against the real property against which the charges have been imposed; and
That the Tax Collector shall include the amount of the charges on the bills for taxes levied against said real property and the same shall be collected in the same manner together with the general taxes for the City of Colton and shall be subject to the same penaltie s and interest.

PASSED, APPROVED AND ADOPTED this 15th day of August 2023.

______
FRANK NAVARRO, Mayor

ATTEST:

___________
STEPHANIE VARGAS, Deputy City Clerk

1.2.a
Packet Pg. 49
Attachment: RESO R-81-23 2023 Weed Abatement Report on Expenses (4181 : Public Hearing - Weed Abatement Statement of Expenses) APN Contractor Fees Admin Fee Total Fee
016001239 170.00$ 856.00$ 1,026.00$ 016007120 255.00$ 856.00$ 1,111.00$ 016007169 170.00$ 856.00$ 1,026.00$ 016008106 200.00$ 856.00$ 1,056.00$ 016018338 220.00$ 856.00$ 1,076.00$ 016018339 170.00$ 856.00$ 1,026.00$ 016018340 170.00$ 856.00$ 1,026.00$ 016018341 170.00$ 856.00$ 1,026.00$ 016018342 170.00$ 856.00$ 1,026.00$ 016018343 170.00$ 856.00$ 1,026.00$ 016018344 170.00$ 856.00$ 1,026.00$ 016019137 409.00$ 856.00$ 1,265.00$ 016025109 105.00$ 856.00$ 961.00$ 016027101 245.00$ 856.00$ 1,101.00$ 016108112 185.00$ 856.00$ 1,041.00$ 016108214 237.00$ 856.00$ 1,093.00$ 016125504 232.00$ 856.00$ 1,088.00$ 016201216 272.00$ 856.00$ 1,128.00$ 016204115 270.00$ 856.00$ 1,126.00$ 016204124 170.00$ 856.00$ 1,026.00$ 016204125 170.00$ 856.00$ 1,026.00$ 016208314 260.00$ 856.00$ 1,116.00$ 016210112 85.00$ 856.00$ 941.00$ 016212406 180.00$ 856.00$ 1,036.00$ 016212417 147.00$ 856.00$ 1,003.00$ 016220211 227.00$ 856.00$ 1,083.00$ 016220301 202.00$ 856.00$ 1,058.00$ 016220302 212.00$ 856.00$ 1,068.00$ 016228104 265.00$ 856.00$ 1,121.00$ 016228114 392.00$ 856.00$ 1,248.00$ 016228134 265.00$ 856.00$ 1,121.00$ 016228152 127.00$ 856.00$ 983.00$ 016228156 265.00$ 856.00$ 1,121.00$ 016228166 265.00$ 856.00$ 1,121.00$ 016302118 334.00$ 856.00$ 1,190.00$ 016302219 340.00$ 856.00$ 1,196.00$ 016302226 195.00$ 856.00$ 1,051.00$ 016302227 380.00$ 856.00$ 1,236.00$ 016306512 125.00$ 856.00$ 981.00$ 016306515 125.00$ 856.00$ 981.00$ 016306516 125.00$ 856.00$ 981.00$ 016308108 190.00$ 856.00$ 1,046.00$ 016313301 180.00$ 856.00$ 1,036.00$ 016313302 180.00$ 856.00$ 1,036.00$ 016313405 85.00$ 856.00$ 941.00$ 016313501 180.00$ 856.00$ 1,036.00$

1.2.b
Packet Pg. 50
Attachment: Exhibit A Report of Costs 2023 (4181 : Public Hearing - Weed Abatement Statement of Expenses) APN Contractor Fees Admin Fee Total Fee
016313503 170.00$ 856.00$ 1,026.00$ 016314117 751.00$ 856.00$ 1,607.00$ 016314118 3,655.00$ 856.00$ 4,511.00$ 016316122 1,335.00$ 856.00$ 2,191.00$ 016316149 351.00$ 856.00$ 1,207.00$ 016317123 428.00$ 856.00$ 1,284.00$ 016318201 995.00$ 856.00$ 1,851.00$ 01639139 170.00$ 856.00$ 1,026.00$ 016319140 170.00$ 856.00$ 1,026.00$ 016319141 180.00$ 856.00$ 1,036.00$ 016319142 180.00$ 856.00$ 1,036.00$ 016319143 180.00$ 856.00$ 1,036.00$ 016319144 180.00$ 856.00$ 1,036.00$ 016319145 170.00$ 856.00$ 1,026.00$ 016321105 265.00$ 856.00$ 1,121.00$ 016321125 285.00$ 856.00$ 1,141.00$ 016321229 170.00$ 856.00$ 1,026.00$ 016321230 448.00$ 856.00$ 1,304.00$ 016322126 255.00$ 856.00$ 1,111.00$ 016322127 180.00$ 856.00$ 1,036.00$ 016323202 422.00$ 856.00$ 1,278.00$ 016327201 223.00$ 856.00$ 1,079.00$ 016327307 679.00$ 856.00$ 1,535.00$ 016328109 186.00$ 856.00$ 1,042.00$ 016335125 605.00$ 856.00$ 1,461.00$ 016338113 1,445.00$ 856.00$ 2,301.00$ 016401118 242.00$ 856.00$ 1,098.00$ 016403147 85.00$ 856.00$ 941.00$ 16420246 734.00$ 856.00$ 1,590.00$ 016430114 85.00$ 856.00$ 941.00$ 025405169 535.00$ 856.00$ 1,391.00$ 025407151 185.00$ 856.00$ 1,041.00$ 025407157 590.00$ 856.00$ 1,446.00$ 025407161 285.00$ 856.00$ 1,141.00$ 025407162 777.00$ 856.00$ 1,633.00$ 025407167 365.00$ 856.00$ 1,221.00$ 026007208 380.00$ 856.00$ 1,236.00$ 026007212 340.00$ 856.00$ 1,196.00$ 026007213 380.00$ 856.00$ 1,236.00$ 026023102 1,475.00$ 856.00$ 2,331.00$ 027504107 160.00$ 856.00$ 1,016.00$ 027504109 170.00$ 856.00$ 1,026.00$ 027504128 340.00$ 856.00$ 1,196.00$ 027504131 380.00$ 856.00$ 1,236.00$ 027504137 510.00$ 856.00$ 1,366.00$ 027508101 935.00$ 856.00$ 1,791.00$

1.2.b
Packet Pg. 51
Attachment: Exhibit A Report of Costs 2023 (4181 : Public Hearing - Weed Abatement Statement of Expenses) APN Contractor Fees Admin Fee Total Fee
027518138 2,125.00$ 856.00$ 2,981.00$ 027601424 180.00$ 856.00$ 1,036.00$ 017612120 595.00$ 856.00$ 1,451.00$ 027449104 473.00$ 856.00$ 1,329.00$ 027650104 455.00$ 856.00$ 1,311.00$ 027655104 340.00$ 856.00$ 1,196.00$ 027702303 242.00$ 856.00$ 1,098.00$ 028229213 286.00$ 856.00$ 1,142.00$ 028233146 85.00$ 856.00$ 941.00$ 028233147 85.00$ 856.00$ 941.00$ 028421131 85.00$ 856.00$ 941.00$ 028421138 170.00$ 856.00$ 1,026.00$ 028462108 170.00$ 856.00$ 1,026.00$ 116702122 535.00$ 856.00$ 1,391.00$ 116703101 935.00$ 856.00$ 1,791.00$ 116703117 210.00$ 856.00$ 1,066.00$ 116705106 190.00$ 856.00$ 1,046.00$ 116705107 360.00$ 856.00$ 1,216.00$ 116706101 222.00$ 856.00$ 1,078.00$ 116706102 222.00$ 856.00$ 1,078.00$ 116711104 677.00$ 856.00$ 1,533.00$ 117826101 170.00$ 856.00$ 1,026.00$ 117827139 170.00$ 856.00$ 1,026.00$ 117828130 127.00$ 856.00$ 983.00$ 117834103 210.00$ 856.00$ 1,066.00$ 117834104 185.00$ 856.00$ 1,041.00$ 117834105 170.00$ 856.00$ 1,026.00$ 117834112 170.00$ 856.00$ 1,026.00$ 117834113 180.00$ 856.00$ 1,036.00$ 42,716.00$ 103,576.00$ 146,292.00$

1.2.b
Packet Pg. 52
Attachment: Exhibit A Report of Costs 2023 (4181 : Public Hearing - Weed Abatement Statement of Expenses)

ITEM NO. 3

STAFF REPORT

DATE: AUGUST 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: RECEIVE A REPORT ON THE ANNUAL CONSUMER PRICE INDEX (CPI) INCREASE TO SOLID WASTE RATES, IN ACCORDANCE

WITH THE AGREEMENT WITH CR&R INCORPORATED, FOR
CITY SOLID WASTE SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. No recommended action. Receive and File update on Annual Consumer Price Increase (CPI) to Solid Waste Rates as prescribed in the Franchise Agreement.

BACKGROUND

The Amended and Restated Agreement between the City of Colton and Republic Services (as assigned to CR&R Incorporated) for the C ollection of Municipal Solid Waste was agreed to, dated July 1, 2016. Pursuant to Section 9.05 , the Rates for Solid Waste Services shall be adjusted based on three Components: (1) The Collection Cost Component, (2) the Tipping Fee Component, and (3) the Government Fee Component.

The First Amendment to the Amended and Restated Agreement was adopted on December 20, 2022, which incorporated compliance with SB 1383.

The existing Franchise Agreement allows for annual cost increases based on the Consumer Price Index (CPI).

The CPI increase for Residential, Commercial and Industrial customers effective July 1, 2023 is

8.70%.
3 Packet Pg. 53
Staff Report to the Mayor and City Council
Solid Waste Annual CPI Rate Increase
August 15, 2023

Page 2 ends

ISSUES/ANALYSIS

The City recently implemented the annual cost increase to the Commercial and Industrial customers.

CR&R has held off i mplementing the Residential CPI increase at this time, pending a request to present on some offered enhancements to the existing Franchise Agreement.

FISCAL IMPACTS

Solid waste costs have increased by 8.70% to Commercial /Industrial, from $108.68 to $118. 28 for 1 Yard 1x per week , as allowed under the Franchise Agreement . Residential rates are also scheduled to increase by 8.70%, from $32.44 to $35.26.

Estimated revenues for FY 2023 -24 are $4,041,420.84 , whereas budgeted revenues were $3,225,585.00, and estimated expenditures are $4,009,797.00 , and budgeted expenditures were $3,106,483.00.

The estimated changes to the adopted budget will be brought forward during the mid-year budget review process.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Solid Waste Annual CPI Increase 08.15.2023

2. Rate Table 08.15.2023
3 Packet Pg. 54
Solid Waste Annual CPI
Increase
Brian A. Dickinson, Director of Public Works and Utility Services August 15, 2023

3.a
Packet Pg. 55
Attachment: Solid Waste Annual CPI Increase 08.15.2023 (4112 : Solid Waste Annual CPI Rate Increase) Solid Waste Rates
• The current CPI index for the preceding 12 month period is 8.70%. • Commercial/Industrial for 1.0 Yard – 1x per week increased from $108.68 to $118.28, which went into effect July 1.
• Residential Standard service will increase from $32.44 to $35.26.

Currently CR&R has deferred implementing at this time, pending discussion, but anticipate would go into effect September 8, 2023 at the earliest.

3.a
Packet Pg. 56
Attachment: Solid Waste Annual CPI Increase 08.15.2023 (4112 : Solid Waste Annual CPI Rate Increase) Billing date effective 9/8/2023
Collection Service
Standard Residential
Additional Trash (black cart)
Additional Green waste (brown cart)
Additional Recycle (blue cart)
Bulky pu - white good with freon
Bulky pu - water heater >75 gal
Additoinal bulky - 5th pickup
Additional bulky - 3rd+ items
Additional pickup on service day
Additional pickup, next day
Additional cart exchange, after lx yr
Cart Replacement - damaged
Contamination Processing Fee - per violation
Weekly Collection

1.0 Yard - 1 x week

1.0 Yard - Extra pickup, non scheduled day

1.5 Yard - 1 x week

1.5 Yard - 2 x week

1.5 Yard - Extra pickup, non scheduled day

2.0 Yard - 1 x week

2.0 Yard - 2 x week

2.0 Yard - 3 x week

2.0 Yard - 4 x week

2.0 Yard - Extra pickup, non scheduled day

3.0 Yard - 1 x week

3.0 Yard - 2 x week

3.0 Yard - 3 x week

3.0 Yard - 4 x week

3.0 Yard - 5 x week

3.0 Yard - 6 x week

3.0 Yard - Extra pickup, non scheduled day

3.0 Yard Recycle - 1 x week

3.0 Yard Recycle - 2 x week

3.0 Yard Recycle - 3 x week

3.0 Yard Recycle - 4 x week

3.0 Yard Recycle - 5 x week

3.0 Yard Recycle - 6 x week
Exhibit A
City of Colton
Service Fee Schedule
September 8, 2023 to June 30, 2024
Residential Service
July 1, 2022 to June 30,
2023
$32.44
$10.08
$7.13
$ 53.48
$ 77.04
$ 53.48
$ 7.64
$ 9.91
$ 29.74
$ 20.28
$ 75.04
Commercial Service
$ 108.68
$ 48.24
$ 126.49
$ 167.92
$ 56.67
$ 144.37
$ 203.30
$ 301.36
$ 399.37
$ 67.54
$ 162.32
$ 256.89
$ 369.35
$ 481.75
$ 594.62
$ 706.57
$ 84.52
$ 114.27
$ 159.07
$ 221.68
$ 284.28
$ 346.91
$ 409.54

3.0 Yard - Recycle Extra pickup, non scheduled day $ 34.68 Monthly Rate to Rate
Payer
$35.26
$10.96
$7.75
$ -
$58.14
$83.74
$58.14
$8.29
$10.76
$32.33
$22.05
$81.56
$38.05
Monthly Rate to Rate
Payer
$118.28
$52.42
$137.64
$182.69
$61.60
$157.09
$221.14
$327.74
$434.27
$73.41
$176.60
$279.38
$401.64
$523.82
$646.50
$768.20
$91.87
$124.21
$172.91
$240.96
$309.01
$377.08
$445.18
$37.69

Page 1 of 4 ends

3.b
Packet Pg. 57
Attachment: Rate Table 08.15.2023 (4112 : Solid Waste Annual CPI Rate Increase)

3.b
Packet Pg. 58
Attachment: Rate Table 08.15.2023 (4112 : Solid Waste Annual CPI Rate Increase)

3.b
Packet Pg. 59
Attachment: Rate Table 08.15.2023 (4112 : Solid Waste Annual CPI Rate Increase)

3.b
Packet Pg. 60
Attachment: Rate Table 08.15.2023 (4112 : Solid Waste Annual CPI Rate Increase)

ITEM NO. 4

STAFF REPORT

DATE: AUGUST 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON AUGUST 1, 2023, ON FILE IN THE OFFICE OF THE CITY CLERK.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting Held on August 1, 2023.

BACKGROUND

Minutes for the City Council Regular Meeting Held on August 1, 2023.

FISCAL IMPACTS

None

ATTACHMENT

1. 2023-08-01- Minutes
4 Packet Pg. 61
August 1, 2023 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

August 1, 2023

Closed Session Meeting h eld 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 Mayor Pro Tem Toro, Chastain, González, and Mayor Navarro.; CM Echevarria was absent and excused.

STAFF PRESENT
City Manager Smith, City Attorney Campos, and Deputy City Clerk Vargas

PUBLIC COMMENT
None

CLOSED SESSION
City Attorney Campos announced the City Council would meet i n Closed Session to Discuss only Item B and that they would move Item A to a future Closed Session.

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Ecology Recycling Services, LLC vs Southern California Edison Company and City of Colton, et al.

San Bernardino Superior Court, Case No. CIV SB 2304149
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation, Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case

Mayor Navarro adjourned the meeting to Closed Session at 5:02 p.m. and at 6:00 p.m. the meeting reconvened, with all members present heretofore.

City Attorney Reports/Reportable Action

City Attorney Campos announced that the City Council did meet in Closed Session and discussed Item B and there was no reportable action. Campos also announced that there was reportable action from a previous closed sessions that have now been final and can now be reported:

On July 18, 2023 in the Workers Compensation Claim of Alice Ibarra v. City of Colton, the City Council unanimously authorized payment in the amount of $250,000 for settlement of this claim.

Also, on May 2, 2023 in closed session, for items A and B related to Real Property Negotiations, the City Council unanimously authorized payment in the amount of $28,785 to San Bernardino County Flood Control District for right of way interests for the La Cadena Bridge Replacement Project.

4.a
Packet Pg. 62
Attachment: 2023-08-01- Minutes (4183 : Draft Minutes 08-1-2023) August 1, 2023 Regular City Council Meeting 2 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

August 1, 2023

Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Eric Strutz - The Door Church
FLAG SALUTE: Fire Marshall Ray Bruno

CITY COUNCIL ROLL CALL

Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro, MPT Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Proclamation - Police Chief Henry Dominguez
Chief Henry Dominguez not present, item deferred to a future meeting date.

 Recognition -136th Birthday Celebration Sponsors Recognition Mayor Navarro and Heidi Struts, Recreation Services Manager, introduced the City of Colton’s 136 Birthday Celebration Top Sponsors and presented each sponsor with a Recognition Plaque on behalf of the City of Colton City Council.

Gold Sponsors (Donated $5000):
 Cutting Edge Supply
 UP Railroad Company
Emerald Sponsors (Donated $3000)
 CR&R
 BB&K
 Arrowhead Regional Center
 Barbeque Food Company

4.a
Packet Pg. 63
Attachment: 2023-08-01- Minutes (4183 : Draft Minutes 08-1-2023) August 1, 2023 Regular City Council Meeting 3 -
 Recognition - CHS Solar Boat Race
Mayor Navarro, Adrianne Rogers, Sr. Energy Services Specialist, and Cecilia Griego, and Sr. Water Conservation Specialist, presented c ertificates of r ecognition to the Colton High School teachers and students who participated in the Inland Solar Challenge Boat Race which took place at Yucaipa Regional Park. The following individuals were recognized:

Teachers:

Daniel Harran
Christopher Barta
Lucy Leva
Tom Weirs

Students:

Jesus Castillo
Josiah Diggs
Juliet Echargarrie
Marco Hernandez
Brianna McMillan
Dillan Miller
Jr. Morales
Estephanie Perez
Nicole Valdez
Mia Zamora

 Business Recognition - Viva Vegan - Item deferred to a future meeting.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF AUGUST 1, 2023.

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

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

APPOINTMENTS
 Appointment - League of California Cities Voting Delegate and Alternate - Designate One (1) Voting Delegate and One (1) Voting Alternate.

Mayor Navarro submitted the name of CM González for appointment to the League of CA Cities to be the Voting Delegate and for CM Chastain to be the alternate.

Consensus by Council Members present, no objections, so ratified.

MAYOR AND COUNCIL DISCUSSION ITEMS
None

4.a
Packet Pg. 64
Attachment: 2023-08-01- Minutes (4183 : Draft Minutes 08-1-2023) August 1, 2023 Regular City Council Meeting 4 -

PUBLIC HEARINGS

(1) Storm Water User Fee - TIME AND PLACE TO CONSIDER A PUBLIC HEARING TO APPROVE

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

CALIFORNIA APPROVING THE BASIC FEE FOR STORM WATER SERVICES AND THE STORM WATER MANAGEMENT USER FEE FOR FISCAL YEAR 2023/2024 AS PROVIDED FOR IN CHAPTER 14.01 OF THE COLTON MUNICIPAL CODE, RESOLUTION NO. R-69-23.

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

Staff Presentation
Brian Dickinson , Director of Public Works and Utility 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 Chastain to close the public hearing.

Vote: Unanimous, Motion Passes.

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

Brian Dickinson., Director of Public Works and Utility Services.

Motion and Second by CM Echevarria/ MPT Toro to Approve and Adopt Resolution No. R-73-23, granting the appeal and modifying the Planning Commission decision approving a conditional use permit.

Vote: Motion Passes, Unanimous.

BUSINESS ITEMS- There are no business items.

PUBLIC COMMENT
The following community members addressed the Council: Ana Gonz alez, Darby Osnaya, Joanny Aguilera, Joaquin Castillejos, Mark Garcia, Gene Valdez, Pam Lemos.

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

Motion and Second by MPT Toro/ CM Echevarria to approve consent calendar.

CM Chastain selected Item 12 and 13 for discussion and requested clarification from staff.

Vote: Motion Passes with CM González and CM Chastain voting no on Item 12 and 13.

4.a
Packet Pg. 65
Attachment: 2023-08-01- Minutes (4183 : Draft Minutes 08-1-2023) August 1, 2023 Regular City Council Meeting 5 -
(2) Minutes - Approval of Minutes for the City Council Regular Meeting Held on July 18, 2023.

(3) Warrants - Approve voucher numbers 206414 to 206521 dated 06/22/2023 and totaling $1,191,700.79; voucher numbers 206523 to 206606 dated 06/29/2023 and totaling $78,868.80; voucher numbers 206522, 206607 to 206703 dated 06/29/2023 and totaling $2,094,076.86 and wires dated 07/08/23 totaling $1,663,196.83.

(4) City Treasurer's Report - Receive and File Treasurer's Report for April 2023.

(5) Change Order - Monument ROW, Inc. - Amendment No. 2 to Monument Row, Inc. Professional Services Agreement for the La Cadena Drive Bridge over Santa Ana River Replacement Project.

(6) Purchase - GapVax, Inc. - Approve the Purchase of a 2024 VHX42 Wet/Dry Hyrdo Excavator from GapVax, Inc. for the Water Utility Division of the Public Works & Utilities Department, RESOLUTION NO. R-78-23.

(7) Purchase - Municipal Maintenance Equipment - Approve Purchase of One Grapple Loader for the Public Works Department from Municipal Maintenance Equipment.

(8) Measure I CIP Submittal - Measure I Five Year Capital Improvement Plan and Capital Project Needs Analysis for FY 2023/2024; RESOLUTION NO. R-70-23, R-71-23 and R-72-23.

(9) Notice of Completion - Flooring Replacement Project - Approve Notice of Completion (NOC) for the Flooring Replacement Project at the Police Department (PD) and Information Technology (IT) Division with Mike’s Custom Flooring.

(10) Notice of Completion - FY22/23 Slurry Seal Project - Approve Notice of Completion (NOC) for the FY 22/23 Slurry Seal Project with Roy Allan Slurry Seal, Inc.

(11) Set Public Hearing - Weed Abatement - Set Public Hearing for August 15, 2023 to Report on Weed Abatement Costs.

(12) Second Reading of Ordinance No. O-05-23 - Waive Full Reading, Read by Title Only and Approve Second Reading of An Ordinance of the City Council of the City of Colton, California to Approve a Development Agreement Between the City of Colton and Lineage Logistics, LLC for the Agua Mansa Logistics Center Project, ORDINANCE NO. O-05-23.

(13) Second Reading of Ordinance No. O-06-23 - Waive Full Reading, Read by Title Only, and Approve Second Reading of An Ordinance of the City Council of the City of Colton, California, Approving a Development Agreement Between the City of Colton and IDI Agua Mansa, LLC for the Agua Mansa Logistics Center Project, ORDINANCE NO. O-06-23.

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
City Manager Smith provided a brief update of the City of Colton’s future Sports Center.

4.a
Packet Pg. 66
Attachment: 2023-08-01- Minutes (4183 : Draft Minutes 08-1-2023) August 1, 2023 Regular City Council Meeting 6 -

ADJOURNMENT
At 7:03 p.m.. Mayor Navarro adjourned the Regular Council Meeting in Memorium for Charles E. Crawford who recently passed away.

_________________________________
Stephanie M. Vargas
Deputy City Clerk

4.a
Packet Pg. 67
Attachment: 2023-08-01- Minutes (4183 : Draft Minutes 08-1-2023)

ITEM NO. 5

STAFF REPORT

DATE: AUGUST 15, 2023
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 MAY 2023.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive and File City Treasurer's Report for May 2023.

ATTACHMENT

1. Treasurer's Report May 2023 (Corrected)
5 Packet Pg. 68

5.a
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Attachment: Treasurer's Report May 2023 (Corrected) (4182 : Treasurer's Report)

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ITEM NO. 6

STAFF REPORT

DATE: AUGUST 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE REPLACEMENT CHECK NUMBER 206704 FOR
$24,665.00; VOUCHER NUMBERS 206705 TO 206793 DATED
07/06/2023 AND TOTALING $748,005.57; VOUCHER NUMBERS
206794 TO 206868 DATED 07/13/2023 AND TOTALING $394,616.51; REPLACEMENT CHECK NUMBERS 206869 TO 206872 DATED
07/12/2023 AND TOTALING $11,942.96; VOUCHER NUMBERS
206873 TO 206992 DATED 07/20/2023 427,186.57 AND A PAYROLL DISBURSEMENT LISTING DATED 05/27/2023 TO 06/09/2023 AND TOTALING $913,604.76.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve replacement check number 206704 for $24,665.00; voucher numbers 206705 to 206793 dated 07/06/2023 and totaling $748,005.57; voucher numbers 206794 to 206868 dated 07/13/2023 and totaling $394,616.51; replacement check numbers 206869 to 206872 dated 07/12/2023 and totaling $11,942.96; voucher numbers 206873 to 206992 dated 07/20/2023 427,186.57 and a payroll disbursement listing dated 05/27/2023 to 06/09/2023 and totaling $913,604.76.

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. 6 Packet Pg. 79
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
August 15, 2023

Page 2 ends

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
6 Packet Pg. 80
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. 7

STAFF REPORT

DATE: AUGUST 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
BABCOCK LABORATORIES, INC. TO PROVIDE WASTEWATER

LABORATORY SAMPLING AND ANALYSIS SERVICES FOR A
FIVE (5) YEAR TERM IN AN AMOUNT NOT-TO-EXCEED $655,000.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve a Prof essional Services Agreement with Babcock Laboratories Inc., to provide Wastewater Laboratory Sampling and Analysis Services in an amount not –to–exceed $131,000 per year for a not-to-exceed total aggregate amount of $655,000 over a five (5) year term.

BACKGROUND

The State Water Resources Control Board along with the Regional Water Quality Board requires the City to perform laboratory testing on various points within the process of the wastewater treatment plant and on the effluent being discharged to the R IX Facility. Laboratory testing for Wastewater is required on a daily basis, including weekends and holidays.

ISSUES/ANALYSIS

Diligent effort was made to solicit competitive bid proposals for the Wastewater Laboratory Sampling and Analysis Services. In accordance with Colton Municipal Code section 3.08.110, a Request for Proposal (RFP) was published in the Press Enterprise on June 30, 2023 and July 07, 2023 and was due by July 11, 2023.

7 Packet Pg. 152
Staff Report to the Mayor and City Council
Contract Award - Babcock Laboratories, Inc.

August 15, 2023

Page 2 ends

Only one Consultant submitted a proposal for the RFP. The proposal received was from Babcock Laboratories Inc., in the amount of $131,000. Staff has evaluated and reviewed the proposal and found that the proposal is within the project RFP scope of work and budget.

After proposal evaluation and consideration of the p otential cost increase, staff finds that it will be advantageous for the City to enter into a five (5) year fixed amount Agreement with an annual fixed amount of $ 131,000. Staff recommends award of a Professional Service Agreement to Babcock Laboratories I nc. for (5) years for $655,000 for the Wastewater Laboratory Sampling and Analysis Services for the City of Colton. The proposed Agreement will commence upon execution by the City and Babcock Laboratories Inc. for an Agreement term of five (5) years.

FISCAL IMPACTS

The total contract amount is $655,000 b ut the annual Purchase Order (P.O. ) will be in the amount of $131,000 per year (for five years). Sufficient appropriations for FY2023 -24 are budgeted and available in the adopted budget in the Wastewater U tility Fund Professional Service expenditure account number 522-8200-8200-2350-0000-000.

Amounts obligated for the future years will be included in the annual requested budget through the contract term.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Babcock Proposal

2. Babcock Laboratories- Lab Sampling & Analysis PSA _WW 7 Packet Pg. 153

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23152.06000\30453088.2 -1-

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of August, 2023, 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 Babcock Laboratories, Inc., a Corporation in the State of California, with its principal place of business at 6100 Quail Valley Ct., Riverside, CA 92507 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perf orm 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 Wastewater Laboratory Sampling and Analysis Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project; Colton Utility Authority.

City desires to engage Consultant to render such professional services for the Wastewater Laboratory Sampling and Analysis Services ("Project") as set forth in this Agreement. Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Autho rity (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management 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, a nd incidental and customary work necessary to fully and adequately supply the professional Wastewater Laboratory Sampling 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 federa l laws, rules and regulations.

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23152.06000\30453088.2 -2-

3.1.2 Term. The term of this Agreement shall be from August 15, 20 23 to August 31, 2028, unless earlier terminated as provided herein . 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 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, employe es, 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 o f 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 Pe rsonnel. 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 perfo rm 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 o f this Agreement are as follows: Allison Mackenzie.

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23152.06000\30453088.2 -3-

3.2.5 City's Representative . The City hereby designates Brian Dickinson, Public Works & Utilities 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 and to execute all necessary d ocuments 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 Allison Mackenzie, Executive Vice President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representat ive"). 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 and attention, and shall be responsible for all means, methods, tech niques, 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 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 perform the Services. Consultant warrants that all employees and s ubconsultants 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 employee 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 Agre ement 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 b e 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

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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 re gulations 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 law 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 authorization 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 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 same 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 comply 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.

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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, ancest ry, 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 advertising, 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 Califo rnia 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", which definition is considered by SCAQMD and CARB to include any ite m 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 for the safety of employees appropriate to the nature of the work an d 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 equipment 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 lawfu lly 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 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 shall 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:

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(A) Minimum Scope of Insurance . Coverage shall be at le ast 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 exclusion 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 bodil y 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 insurance 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 ins urance 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 premium 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:
(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 furnished in connection with such work; and (2) using ISO form 20

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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 benefit 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 sch eduled 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.

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 t he 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 volunteers.

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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 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. Consultant 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 procur e 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 rel ating 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 City 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 beh alf, 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.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the

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Federal Water Pollution Control A ct (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreem ent. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failur e to comply with laws, regulations, a nd ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may su stain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

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 Six Hundred and Fifty Five Thousand Dollars and no Cents ($655,000) 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.

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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 provi ded 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. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

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 perform, 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 renewal 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 Consu ltant'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, installation, 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 with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of th e project

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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 against 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 liability 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.

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 without 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. Consul tant 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 require 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 i s 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.

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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: Babcock Laboratories, Inc.

Edward Babcock & Sons, Inc.
6100 Quail Valley Ct.

Riverside, CA 92507
ATTN: Allison Mackenzie, Executive Vice President
City: City of Colton
Public Works Department
160 S. 10th Street
Colton, CA 92324
ATTN: Brian Dickinson, Public Works & Utilities 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.

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 copy rights, 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 o r 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. The 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 provide 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.

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3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license 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 r e-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 Documents & 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 li able, 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, pursuant 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 of 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 information, 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 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 to 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 r adio 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 City shall notify Consultant of its intention to rel ease Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written

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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 equity, 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 Consul tant, 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 f ees 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 t o 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 claims 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 co urt 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 res pect to the subject matter hereof, and supersedes all prior negotiations, understandings 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.

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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; Colton Uti lity Authority . 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. To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or non- existence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

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, o r 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 shal l 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 performed 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.

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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 that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, 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 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 th e 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 req uisite 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.

3.7 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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PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND
BABCOCK LABORATORIES, INC.

CITY OF COLTON BABCOCK LABORATORIES, INC.
a corporation

By: ____________________________ By: _________________________ William R. Smith Name:

City Manager Title:

Attest:

By: _________________________
Stephanie Vargas Name:

Deputy City Clerk Title:

Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

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23152.06000\30453088.2 Exhibit “A”-1

EXHIBIT "A"

SCOPE OF SERVICES

Laboratory shall comply with the following requirements and provide all services listed under this Scope of Services.

Requirements:

1. Laboratory represents that it is State-Certified to perform all tests.

2. Laboratory shall maintain and keep on file chain of custody and laboratory analysis records, accessible by the City, at Laboratory’s office.

3. Laboratory shall not subcontract to other laboratories for analysis routine water samples.

For purpose of this Agreement, “routine” is defined as daily, weekly, and monthly tests.

4. Laboratory must employ all EPA-approved testing methods for all samples submitted for analysis.

Scope of Services:

1. Laboratory shall provide all sample collection kits, sample containers, preservatives, ice chests, and sample collection instructions to the City.

2. Routine wastewater samples will be collected and refrigerated by the City’s Wastewater Reclamation Facility staff. However, under special circumstances, laboratory may be required to collect the wastewater samples on-site.

3. The type of wastewater sample analysis and approximate number of frequency of required tests are specified in Exhibit C of this Agreement.

4. Laboratory must comply with and utilize EPA -approved or approved biological methods for wastewater and sewage sludge (i.e. Standard Methods). Laboratory must also review, comply with, and adhere to the Practical Quantitation Levels (PQL), Minimum Levels (ML), and Method Detection Limits (MDL) pursuant to the National Pollutant Discharge Elimination System (NPDES) Permit for the City of Colton as specified in Exhibit D of this Agreement.

5. For industrial dischargers and City of Grand Terrace locations, Laboratory shall collect pretreatment/industrial discharge samples on -site based on the frequency indicated in Exhibit A Wastewater Sample Tests of this Agreement.

6. Laboratory must pick -up the wastewater samples within seven (7) hours of sample collection, seven days a week (Monday thru Sunday), including holidays at the City’s Wastewater Reclamation Facility located at 1201 S. Rancho Avenue, Colton, CA 92324.

The City typically collects the wastewater samples at 7:00 a.m.

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7. Laboratory shall provide the wastewater testing results to the City within ten (10) calendar days of wastewater sample analysis for all routine tests. All non-routine tests may require longer time frames to complete the analysis. However, such non -routine tests shall be completed by Laboratory as quickly as possible to ensure the City meets regulatory agencies reporting requirements. Such result s shall be provided by Laboratory to City both in hard copy and electronically. The hard copy shall be sent by Laboratory to the following address:

City of Colton
Wastewater Reclamation Facility
1201 S. Rancho Ave.

Colton, CA 92324

8. Laboratory must provide flow meters and perform flow monitoring for a twenty -four (24) hour duration quarterly at each City of Grand Terrace location.

9. The City shall allow subcontracting of non -routine analysis and testing provided both laboratories are State-certified and are included in the Quality Assurance Quality Control (QAQC) report. Laboratory shall ensure that all subcontracted laboratories also participate in the EPA QAQC study.

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EXHIBIT "B"

SCHEDULE OF SERVICES

The term of this Agreement shall be from August 15, 2023, to August 31, 2028, unless earlier terminated as provided herein.

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EXHIBIT "C"

COMPENSATION

The total amount for the Services provided under this Agreement shall not exceed Six Hundred and Fifty-Five Thousand Dollars and Zero Cents ($ 655,000) for the Period August 15, 2023 through August 31, 2028.

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ITEM NO. 8

STAFF REPORT

DATE: AUGUST 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE FIRST AMENDMENT TO THE MAINTENANCE
SERVICES AGREEMENT WITH YUNEX LLC. FOR TRAFFIC
SIGNAL MAINTENANCE FOR FY 2023.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve First Amendment to the Maintenance Services Agreement with Yunex, LLC, formally kn own as Siemens Mobility, Inc., for FY 2023 to increase the t otal compensation by $130,781.30 (total annual amount not to exceed $364,416.17 ) for FY 2023.

2. Authorize the City Manager to execute the First Amendment.

BACKGROUND

Under Colton Municipal Code (CMC) Section 3.08 of the City’s purchasing ordinance, City staff solicited formal bids for Traffic Signal Maintenance and Emergency Services. The bid for the maintenance contract was advertised on March 13 and March 20, 2020.

The City received two bids d uring the April 8, 2020, bid opening. Staff evaluated the bids received, and after evaluation, the anticipated annual cost for each bidder to maintain and repair the City traffic signals was as follows:

1. Siemens Mobility, Inc. $206,462.00

2. St. Francis Electric, LLC. $222,315.00

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Contract Amendment - Yunex LLC
August 15, 2023

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On May 5th, 2020, Siemens Mobility, Inc. was granted a Maintenance Services Agreement by the City Council for FY -2021 in the amount of $206,462. The contract included an option to extend the contract for two additional one -year terms, totaling three years (FY -21, FY-22, FY- 23). The contract also featured an annual CPI increase in accordance with the State of California Department of Labor's yearly CPI Increase.

The First Amendment for the Maintenance Services Agreement for FY 2021 was approved by the City Council on May 18, 2021. This resulted in a compensation increase of $63,297, bringing the total amount to not exceed $269,759 for FY 2021.

On May 26, 2021, the Agreement was renewed for a second year (FY 2022), and it in cluded a CPI increase of 4.2%, which totaled $215,133.40.

The First Amendment for the Maintenance Services Agreement for FY 2022 was approved by the City Council on July 19, 2022. This resulted in a compensation increase of $85,827.95, bringing the total amount to not exceed $300,961.35 for FY 2022.

On June 01, 2022, the Agreement was renewed for a third year (FY 2023) under the new name Yunex, LLC, and it included a CPI increase of 8.6%, which totaled $233,634.87.

This agenda action if approved would be the First Amendment to the third year.

ISSUES/ANALYSIS

Traffic signals are a critical component of urban infrastructure that help improve the efficiency of both pedestrian and vehicular traffic. Currently, our City maintains and oversees 59 traffic signals, ensuring their proper functionality through regular monthly upkeep and any necessary emergency repairs. This ongoing commitment to maintenance and repairs helps to ensure the continued safety and smooth flow of traffic throughout our city.

The City h as recently seen an increase in emergency response calls, leading to heightened expenses for maintaining traffic signals. These emergency calls primarily pertain to accidents that result in the destruction of poles, wires, cabinet foundations, and traffic signal loops.

Additionally, the emergency call -out list includes the repair of upgraded video detection on Reche Canyon & Topanga, which totaled $31,010.80. On aver age, the City expends $30,638.01 per month for maintenance and emergency call-out services.

FISCAL IMPACTS

Sufficient appropriations for this First Amendment are available in the FY 2022-23 budget in General Fund Engineering Traffic Signal Maintenance Account Number 100 -6150-6151-2460- 0000-000.

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ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. 1st Amendment
8 Packet Pg. 208

23152.06000\32380237.2 (BB&K: 10-19)

FIRST AMENDMENT TO

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND

YUNEX LLC

1. PARTIES AND DATE.

This First Amendment to the Maintenance Services Agreement (“First Amendment”) is made and entered into this 15 th day of August, 2023 by and between the City of Colton (“City”) and Yunex LLC (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.

2. RECITALS.

2.1 Agreement. City and Contractor entered into that certain Maintenance Services Agreement dated May 6 , 2020 (“Agreement”), whereby Contractor agreed to provide Traffic Signal Maintenance and Emergency Traffic Signal Services. The Term of the Agreement was for one (1) year with the option to rene w for two (2) additional one -year terms. A total of three (3) terms served if agreed upon by both parties. On May 26, 2021, the Agreement was renewed for a second (2nd) year (Fiscal Year 2022). On June 01, 2022, the Agreement was renewed for a third (3rd) year (Fiscal Year 2023).

2.2 Amendment Purpose. City and Contractor desire to amend the Agreement for the First time on this Third (3rd) year term to increase compensation by $130,781.30.

2.3 Amendment Authority. This First Amendment is authorized pur suant to Section

3.5.9 of the Agreement.

3. TERMS.

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

"Contractor 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 Three Hundred Sixty -four Thousand Four Hundred Sixteen Dollars with Seventeen Cents ($364,416.17) for Fiscal Year 2023, without written approval of the City of Colton. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. "

“Exhibit C is hereby deleted in its entirety and replaced with Exhibit “ C” attached hereto and incorporated herein by reference.”

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

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

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.

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

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

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR FIRST AMENDMENT TO

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON

AND YUNEX LLC

IN WITNESS WHEREOF, the Par ties have entered into this First Amendment to the Maintenance Services Agreement as of the day and year first above written.

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: ______________________________
Stephanie Vargas
Deputy City Clerk

YUNEX LLC

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)
By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

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4 23152.06000\32380237.2 (BB&K: 10-19)
EXHIBIT "C - FIRST AMENDMENT"

COMPENSATION

The total annual compensation f or FY-2023 shall not exceed Three Hundred Sixty -four Thousand Four Hundred Sixteen Dollars with Seventeen Cents ($364,416.17) without written approval of the City of Colton.

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ITEM NO. 9

STAFF REPORT

DATE: AUGUST 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: AUTHORIZE CONVERSION FROM “NO PARKING ZONE” TO “LIMITED PARKING ZONE” IN FRONT OF 1641 N. 8TH STREET,
RESOLUTION R-80-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Adopt Resolution No. R-80-23, amending Resolution No. 2119 converting “No Parking Zone” to “Limited Parking Zone” in front of 1641 N. 8th Street.

BACKGROUND

The State of California Vehicle Code allows parking restrictions if adopted by a City ordinance or a resolution. Section 23 of the City of Colton Resolution No. 2119 lists areas within t he City of Colton with parking restrictions.

ISSUES/ANALYSIS

Via the Police Department, the business owner at 1461 N. 8 th Street requested existing no parking restrictions fronting the site be amended to limited parking because even delivery trucks are n ot able to temporarily park to make deliveries. At the June 05, 2023 , Traffic Safety Committee meeting, the Committee discussed the viability of amending the par king restrictions to limited 24 -minute parking with green curb along the west side of 8 th Street north of Citrus Street. On the same meeting date, the Committee passed a motion to recommend to the City Council to authorize the request to convert existing “No Parking Zone” to “Limited Parking Zone (24 Minutes) with green curb.” In accordance with t he California Manual on Uniform 9 Packet Pg. 213
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Parking Restriction Modifications - 1641 N. 8th Street
August 15, 2023

Page 2 ends

Traffic Control Devices (CAMUTCD), a 12 x 18 -in green R32(CA) Limited Hour/Minute Parking Specific Hours Permissive Parking sign will need to be installed.

FISCAL IMPACTS

Public Works crew will replace the authorized sign age and paint the curb fronting the site green.

Funding will be from the streets maintenance budget performed by streets maintenance staff during standard working hours.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Traffic Safety Agenda 06-05-23

2. Exhibit B - R-80-23 Convert No Parking Zone to Limited Parking Zone 9 Packet Pg. 214
Agenda
City of Colton
Traffic Safety
Committee
June 5, 2023
10 A.M.

Council Chambers

Agenda

A. CALL TO ORDER -

1. City Engineer –

2. City Council –

3. Development Services –

4. Fire –

5. Local Business –

6. Police –

7. Public Works –

B. APPROVAL OF MINUTES For March 8, 2023

C. PUBLIC COMMENT

D. AGENDA

1) La Cadena Drive/Valley Blvd. intersection – modify traffic signal phasing and hardware as recommended on the City of Colton Local Road Safety Plan (LRSP).

2) Convert No Parking zone to limited parking zone in front of 1641 N 8th St between Pleasant View & Citrus Ave.

E. OLD BUSINESS -

F. COMMITTEE DISCUSSION

G. NEXT MEETING DATE

The next meeting of the Traffic Safety Committee is scheduled to be held on Monday July 3, 2023.

H. ADJOURNMENT

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RESOLUTION NO. R-80-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING RESOLUTION NO. 2119, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLTON ON THE SIXTH DAY OF DECEMBER, 1960, TO INCLUDE CONVERSION OF EXISTING “NO PARKING ZONE” TO “LIMITED PARKING ZONE” FRONTING 1641 N. 8TH STREET.

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and, WHEREAS, the City Council of the City of Colton desires to improve the traffic flow, safety, and circulation within the City jurisdiction; and WHEREAS, the City desires to address the traffic safety along 8th Street; and, WHEREAS, the City Traffic Safety Committee approved and recomme nded converting existing “No Parking Zone” to “Limited Parking Zone” fronting 1641 N. 8th Street.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1: The City Council of the City of Colt on hereby adopts the recitals contained in this resolution as findings in support of converting existing “No Parking Zone” to “Limited Parking Zone” fronting 1641 N. 8th Street.

SECTION 2: A Section is hereby added to Resolution No. 2119 (Section 2 3) converting “No Parking Zone” to “Limited Parking Zone” fronting 1641 N. 8th Street.

SECTION 3: This Resolution shall supersede and repeal any other resolution or portion of a resolution to the extent such resolution may be inconsistent with this Resolution.

SECTION 4: If any provision or clause of this Resolution or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect other provisions of this Resolution which can be given effect without the invalid provision or application. To this end, the provisions of this Resolution are declared to be

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severable.

SECTION 5: The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this R esolution may have a significant adverse effect on the environment. Thus, the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.) ("CEQA") pursuant to Section 15061(b) (3) of the CEQA Guidelines.

SECTION 6: This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF AUGUST, 2023.

FRANK J. NAVARRO, MAYOR

ATTEST:

__________________________________
STEPHANIE M. VARGAS, CITY CLERK

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ITEM NO. 10

STAFF REPORT

DATE: AUGUST 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: AUTHORIZE THE PURCHASE OF MOTOROLA RADIOS FOR A NEW LADDER TRUCK.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Waive the formal bidding process in accordance with Colton Municipal Code Section

3.08.140(c) and authorize the City to piggyback on a Los Angeles County bid for the purchase of four APX 8000 All Band Portable radios and accessories and two APX 8500 All Band MP Mobile radios and accessories for an amount not to exceed $55,000.

BACKGROUND

The new Tractor Drawn Aerial (TDA) is scheduled to be delivered around July 2024. The TDA will need four portable radios and two mobile radios , plus accessories. Presently, Motorola is advising up to one-year delays in filling orders for new radios.

ISSUES/ANALYSIS

Motorola is extending the Los Angeles County pricing to the City of Colton for the purchase of these radios.

Colton Municipal Code, Title 3, Chapter 3.08.140, Section (c), Competitive Bidding Already Completed: allows the competitive bidding requirements be waived when the authorized contracting party determines that a competitive bid procedure has been conducted by another public agency (e.g. piggyback purchase) and the price to the City is equal or better than the price to that public agency. Since the above contract was competitively bid and award ed by another 10 Packet Pg. 218
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Purchase - Fire Department Radios
August 15, 2023

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public agency and since the price is equal to or better than the price offered to the public, the criteria in Title 3, Chapter 3.08.140 (c) of the Colton Municipal Code has been satisfied.

FISCAL IMPACTS

Sufficient appropriations are available in the FY202 3-24 adopted budget for the radio purchase in Local Fiscal Recovery Fund Capital Outlay Operating Equipment Account Number 219-2449- 1000-4900-0000-000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. (4) APX8000XE and (2)APX8500 Colton FD Quote 2043807 10 Packet Pg. 219

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Attachment: (4) APX8000XE and (2)APX8500 Colton FD Quote 2043807 (4174 : Purchase - Fire Department Radios)

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Attachment: (4) APX8000XE and (2)APX8500 Colton FD Quote 2043807 (4174 : Purchase - Fire Department Radios)

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ITEM NO. 11

STAFF REPORT

DATE: AUGUST 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE A MAINTENANCE SERVICES AGREEMENT WITH

NORTHSTAR CHEMICAL DBA PACIFIC STAR CHEMICAL TO

PROVIDE SODIUM HYPOCHLORITE TO WATER AND
WASTEWATER FOR FIVE (5) TERM IN AN AMOUNT NOT-TO-
EXCEED $1,005,000.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve a Maintenance Services Agreement with Northstar Chemical, DBA Pacific Star Chemical (Northstar), to provide bulk chemical deliveries and maintenance of chlorine storage tanks for the Water/Wastewater Utilities department in an amount not–to–exceed $201,000 per year for a not-to-exceed total aggregate amount of $1,005,000 over a five (5) year term.

BACKGROUND

The City of Colton owns, operates, and maintains both water and wastewater utilities. The Water Division treats potable drinking water with chlorine to meet State and Federal requirements at all well sites. The Wastewater Division uses chlorine to control biofilm throughout the wastewater treatment process.

ISSUES/ANALYSIS

Diligent effort was made to solicit competitive bid proposals for the Water/W astewater 12.5% Sodium Hypochlorite purchase. In accordance with Colton Municipal Code section 3.08.110, a Request for Proposal (RFP) was published in the Press Enterprise on June 30, 2023, and July 07, 2023, and was due by July 13, 2023.
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Only one vendor submitted a proposal for the RFP. The proposal received was from Northstar, in the amount of $ 201,000. Staff has evaluated and reviewed the proposal and found that the proposal is within the project RFP scope of work and budget.

After proposal evaluation and consideration of the potential cost increase, staff finds that it will be advantageous for the City to enter a five (5) year fixed amount Agreement with an annual fixed amount of $ 201,000. Staff recommends award of a Professional Service Agreement t o Northstar for (5) years for $ 1,005,000 for the Water/Wastewater 12.5% Sodium Hypochlorite purchase for the City of Colton. The proposed Agreement will commence upon execution by the City and Northstar for an Agreement term of five (5) years.

FISCAL IMPACTS

The total contract amount is $1,005,000 but the annual Purchase Order (P.O.) will be in the amount of $201,000 per year (for five years). Sufficient appropriations for FY2023 -24 are budgeted and available in the adopted budget in the following account numbers listed:

Water Fund Hypochlorite Solution Purchases 521-8100-8101-2308-0000-000 $ 150,750 Wastewater Fund Operations & Maintenance 522-8200-8200-2255-0000-000 $ 50,250

Amounts obligated for the future years will be included in the annual req uested budget through the contract term.

ALTERNATIVES

1. Provide Alternative Direction to Staff.

ATTACHMENT

1. Northstar Chemical - Maint Svcs Agreement FY 23_24

2. Northstar Proposal
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CITY OF COLTON

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this ___ day of August, 2023 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 Northstar Chemical, Inc., DBA Pacific Star Chemical , a Corporation, with its principal place of business at 14200 SW Tualatin-Sherwood Rd, Sherwood, OR 97140 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing and installing liquid bleach storage tanks and delivery of bulk liquid bleach to all City water and wastewater facilities where applicable to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

Contractor 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.

2.2 Project; Colton Utility Authority.

City desires to engage Contractor to render such services for the Water/Wastewater Division bulk 12.5% Sodium Hypochlorite (“Project”) as set forth in this Agreement. Contractor understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation o f its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.

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3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services . Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary wor k necessary to fully and adequately supply the professional bulk liquid bleach deliveries to its facilities necessary for the Project ( “Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by refe rence. 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 o f this Agreement shall be from August 15 , 20 23 to August 31, 2028, unless earlier terminated as provided herein. Contractor 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 Contractor.

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

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor ’s exclusive direction and control. Contractor 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. Contractor sh all 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. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor ’s conformance with the Schedule, City shall respond to Contractor ’s submittals in a timely ma nner. Upon request of City, Contractor 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 Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Public Works * Utilities Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf

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of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative . Contractor hereby designates Dominic Parisi, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behal f of the Contractor for all purposes under this Agreement. The Contractor ’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures a nd for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor 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 times.

3.2.7 Standard of Care; Performance of Employees. Contractor 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. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to p erform the Services, including a City Business License, 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, Contractor 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 Contractor ’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub- contractors 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 employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time ”). Contractor shall 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 provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestone s developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Zero Dollars ($0.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations ; Employee/Labor Certifications . Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law 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 Contractor.

Contractor 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. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization 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. Contractor 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 not be responsible for any costs or expenses related to Contractor’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, Sub -
subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub -subcontractors and consultants performing

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any work relating to the Project or this Agreement to make the same verifications and comply 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 Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub -subcontractors or consultants 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 Contractor 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 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ 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.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any sub contractor, 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 advertising, layoff or termination. Contractor 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.

3.2.10.6 Air Quality . Contractor must fully comply with all applicable laws, rules and regulation s 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, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered en gine. Contractor 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 Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.

(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws,

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rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

(B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of t raining programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor 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 Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements . Contractor 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 Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors 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

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required by the State of California and Employer ’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) cont ractual 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 . Contractor 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 $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 insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor 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 a nother 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 n ecessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

3.2.11.3 Insurance Endorsements . The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(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 vo lunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO f orm 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 c overage excess of the Contractor ’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 benefit 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 Contractor ’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

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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 t o be named as additional insureds pursuant to this Section 3.2.11.3(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, a nd 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 Contractor or for which the Contractor is responsible; and (2) the in surance 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 Contractor ’s scheduled underlying coverage. A ny insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the m inimum 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 3.2.11.3(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 Contractor. (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.

3.2.11.4 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 volunteers.

All policies shall waive any right of subro gation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor 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 Contractor shall procure a bond guaranteeing payment o f losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcon tractors 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 Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcon tractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 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.

3.2.11.8 Verification of Coverage. Contractor shall furnish City 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.

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

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, 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.

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3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, i n City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or c ancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deeme d due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance wi th Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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.

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3.3 Fees and Payments.

3.3.1 Compensation. Co ntractor 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 Annual Compensation shall not exceed Two Hundred and One Thousand Dollars and No Cents. ($201,000) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor.

The statement shall describe the amount of Services and supplies pro vided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Contractor 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. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City ’s Representative.

3.3.5 Prevailing Wages. Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor sh all 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 Contractor ’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents 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 Termination of Agreement.

3.4.1 Grounds for Termination . City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, an d specifying the effective date thereof, at least seven

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(7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

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

3.4.3 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.

3.5 General Provisions.

3.5.1 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:

Contractor:

Northstar Chemical, Inc., dba Pacific Star Chemical
14200 SW Tualatin-Sherwood Road
Sherwood, OR 97140
Attn: Dominic Parisi, Senior Account Manager

City:

City of Colton
650 North La Cadena Drive
Colton, California 92324
Attn: Brian Dickinson, Public Works and Utilities 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.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its directors, 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 equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged

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acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys ’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

3.5.2.2 Additional Indemnity Obligations . Contractor shall defend, with Counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2 .1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as pa rt of any such claim, suit, action or other proceeding . Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its directors, officials, officers, employees, agent s, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.3 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 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, Contractor must comply with the claim procedures set forth in Government 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 pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirement s are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.

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

3.5.7 Assignment or Transfer; Colton Utility Authority . Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any

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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. To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Contractor has no right to terminate this Agreement, either with or without cause, based upon the existence or non-existence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

3.5.8 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to Ci ty 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, au gment, or describe the scope, content or intent of this Agreement.

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

3.5.10 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 performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 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.

3.5.13 Prohibited Interests . Contractor mainta ins and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay an y company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors 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

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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.

3.5.14 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.

3.5.15 Attorney’s Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation s hall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.16 Authority to Enter Agreement. Contractor 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.

3.5.17 Counterparts. This Agreement may be signed in co unterparts, each of which shall constitute an original.

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

[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND NORTHSTAR CHEMICAL, INC., DBA PACIFIC STAR CHEMICAL

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 15th day of August 2023

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Stephanie Vargas
Deputy City Clerk

Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

NORTHSTAR CHEMICAL, INC.

DBA Pacific Star Chemical
a Corporation

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

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EXHIBIT “A”

SCOPE OF SERVICES

Northstar will install liquid bleach storage tanks and deliver bulk liquid bleach to all City water and wastewater facilities where applicable. Northstar will be responsible for the maintenance and replacement of the liquid bleach storage tanks, and any costs associated with the maintenance and replacement of the tanks.

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EXHIBIT “B”

SCHEDULE OF SERVICES

Services shall be provided at the following locations, as required by the City:

Water Facilities:

 Well 19 – Santa Fe Way/Muscott St
 Well 21 – 134 S Muscott St.
 Well 22 – E. Sugar Pine Ln
 Well 23 – 1600 E. Fairway Dr.
 Well 24 – 1200 N. Meridian
 Domecq – 605 S. Macy Ave
 Well 27 – Walnut
 Well 30 – Fogg St.
 Well 31 – Belleview & Muscott
 Well 33 – 134 S Muscott St.

Wastewater Treatment Plant Facility:
 1201 S. Rancho

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EXHIBIT “C”

COMPENSATION

The Total Annual Compensation for this Agreement shall not exceed Two Hundred and One Thousand Dollars ($201,000), without written approval of the City’s City Manager.

 Water $150,750
 Wastewater $50,250

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Colton City CouncilAugust 15, 2023

Colton City Council
August 15, 2023