Agenda packet — Colton City Council, May 7, 2024 (part 1 of 2)

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

Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
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
Deputy City Clerk Stephanie M. Vargas

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, MAY 7, 2024 – 5:00 P.M.

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

CLOSED SESSION CALLED TO ORDER

ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session 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.

2 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Stephanie Moulas v. City of Colton, et al.

San Bernardino County Superior Court, Case No. CIVSB2401378 B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representatives: Bill Smith, City Manager Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Electric Division International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group
Executive Employees Group

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

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

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Josue Zapata - Centerpoint Church
FLAG SALUTE Veterans for Foreign Wars (VFW) Commander Bernie Moyeda

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Proclamation - Colton Area Museum Day
 Recognition - American Public Power Association Honor Roll Employee Awarded to Adrianne Rogers  Recognition - Hometown Heroes Program: New Military Banner Installation

3 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 - Recreation and Parks Youth Commissioner - Genesis Rodela Uriarte

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 dis cretion to extend or limit time as provided for in the City Council Manual of Procedure. (1) Appeal of Modification of Zoning Entitlement - Ecology Recycling Services - TIME AND PLACE FIXED TO

CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION OR

GRANTING THE APPEAL OF THE PLANNING COMMISSION DECISION MODIFYING ZONING ENTITLEMENTS (CASE INDEX NOS. C-5-86, D-55-01, DAP-000-794, DAP-000-999, DAP-001-083, AND DAP-001-227) CONDITION NO. 11 (FILE INDEX NO.: DAP23-0010) TO RESTRICT ONSITE MATERIALS STORAGE TO 16 FEET

FOR AN EXISTING METAL SHREDDING AND RECYCLING USE ON PROPERTY MEASURING APPROXIMATELY

19.39-ACRE SITE WITHIN THE M-2 (HEAVY INDUSTRIAL) ZONE (FILE INDEX DAP24-0018), RESOLUTION NO.

R-37-24, OR RESOLUTION NO. R-38-24.
[Staff Person: Heidi Duron]
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 __________

4 (2) Fee Update - Community Services Department Fees & Rental Policies - TIME AND PLACE FIXED TO

CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF COLTON UPDATING THE MASTER FEE SCHEDULE FOR SERVICES PERFORMED BY THE COMMUNITY SERVICES DEPARTMENT, RESOLUTION NO. R-33-24.
[Staff Person: Deb Farrar]
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, o n 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 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) Economic Development Presentation - Economic Development Presentation. [Staff Person: Bill Smith]
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 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.

5 (4) Minutes - Approval of Minutes for the City Council Special Meeting held on April 15, 2024, and the Regular Meeting held on April 16, 2024, on File in the Office of the City Clerk. [Staff Person: Stephanie M. Vargas]
(5) Warrants - Approve US Bank voucher dated 03/22/2024 and totaling $60,511.74; voucher numbers 211507 to 211584 dated 03/27/2024 and totaling $84,748.35; voucher numbers 211585 to 211744 dated 03/28/2024 and totaling $2,454,971.78; voucher numbers 211745 to 211845 dated 04/04/2024 and totaling $420,478.93, wires dated 04/09/2024 and totaling $2,986,889.27 voucher numbers 211846 to 211937 dated 04/11/2024 and totaling $654,811.62; and a payroll disbursement listing dated 03/16/2024 to 03/29/2024 totaling $1,123,381.42.
[Staff Person: Stacey Dabbs]
(6) City Treasurer's Report - Receive and File City Treasurer's Report for February 2024. [Staff Person: Aurelio De La Torre]
(7) Amendment - FY 23/24 Measure I CIP - Approve and Adopt a Resolution for Measure I Five Year Capital Improvement Plan Amendment for FY 2023/2024, RESOLUTION NO. R-36-24. [Staff Person: Brian Dickinson]
(8) Contract Amendment - Willdan Engineering - Approve and Adopt Resolution for Contract Amendment with Willdan Engineering for Building and Safety Support Services and Corresponding Budget Amendment, RESOLUTION NO. R-41-24.
[Staff Person: Heidi Duron]
(9) Contract Award - Various Transformers - Approve Contract Award to Howard Industries Inc. in the Amount of $1,635,234.60 and WEG Transformers for Various Transformers in the Amount of $590,551.65. [Staff Person: Charles Berry]
(10) Grant - CalRecycle - Approve and Adopt a Resolution to Accept Grant from CalRecycle SB1383 Local Assistance Grant Program and Amend FY2024 Budget Accordingly, RESOLUTION NO. R-40-24. [Staff Person: Charles Berry]
(11) Grant - Homeland Security Grant Program FY2020 - Approve and Adopt a Resolution to Authorize the City Manager to Accept the FY2020 Homeland Security Grant Award (HSGP), its Accompanying Interlocal Agreement, and Purchase of (24) Mass Casualty Medical Care Kits, RESOLUTION NO. R-39-24. [Staff Person: Tim Heusterberg]
(12) Notice of Completion - Alley Paving & Sidewalk Project - Approve the Execution and Recordation of the Notice of Completion for the CDBG COLT-21-1-03K/0242 Alley Paving and Sidewalk Improvement for Various Locations Project with DM Contracting, Inc.
[Staff Person: Brian Dickinson]
(13) Notice of Completion - Public Works Restroom Project - Approve the Execution and Recordation of the Notice of Completion for the Public Works Building Restroom Remodel Project. [Staff Person: Brian Dickinson]
(14) Notice of Completion - Well Pumping Plant 31 - Approve Notice of Completion for Well Pumping Plant 31. [Staff Person: Brian Dickinson]
(15) Project List - Road Repair and Accountability Act of 2017 (SB-1) - Approve and Adopt a Resolution to Approve a List of Projects for Fiscal Year 2024-2025 funded by SB-1: Road Repair and Accountability Act of 2017, RESOLUTION NO. R-35-24.
[Staff Person: Brian Dickinson]
(16) Property Disposition - 1914 Jitney Bus - Approve the Property Disposition of the 1914 Jitney Bus, Currently Housed in the Fire Department.
[Staff Person: Tim McHargue]

6 (17) Purchase - California Truck Equipment Company - Approve the Purchase and Installation of a Utility Bed for the Animal Services Vehicle in the Police Department, from California Truck Equipment Company. [Staff Person: Tim Heusterberg]
(18) Purchase - Toyota of Redlands - Approve Purchase of 7 Vehicles for the Police Department from Toyota of Redlands.
[Staff Person: Tim Heusterberg]
(19) Tract Map 20296 Bond Release - Approve Release of all Bonds and Subdivision Cash Deposit Guaranteeing Performance (Staking) for Tract Map No. 20296 (Emerald Village). [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

7 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(a), 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 be limited to the time period s provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

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

NOTICE TO PUBLIC

Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Publi c 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 concern ing 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. Ther e 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.

8 In compliance wi th 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: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF COLTON DENYING AN APPEAL AND
UPHOLDING THE PLANNING COMMISSION’S DECISION OR

GRANTING THE APPEAL OF THE PLANNING COMMISSION

DECISION MODIFYING ZONING ENTITLEMENTS (CASE INDEX
NOS. C-5-86, D-55-01, DAP-000-794, DAP-000-999, DAP-001-083, AND DAP-001-227) CONDITION NO. 11 (FILE INDEX NO.: DAP23- 0010) TO RESTRICT ONSITE MATERIALS STORAGE TO 16 FEET

FOR AN EXISTING METAL SHREDDING AND RECYCLING USE
ON PROPERTY MEASURING APPROXIMATELY 19.39-ACRE SITE
WITHIN THE M-2 (HEAVY INDUSTRIAL) ZONE (FILE INDEX
DAP24-0018), RESOLUTION NO. R-37-24, OR RESOLUTION NO. R- 38-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Adopt Resolution Nos. R -37-24 denying an Appeal of Modif ication of Zoning Entitlements (Case Index Nos. C-5-86, D-55-01, DAP-000-794, DAP-000-999, DAP-001-083, and DAP-001- 227) Condition No. 11 of DAP23-0010 to allow a 35 -feet instead of 16 feet for onsite materials storage height upholding the Planning Commiss ion’s decision . ( City Council File Index No.

DAP24-0018); or

Adopt Resolution No. R -38-24 granting Appeal and overturning the Planning Commission decision Modification of Zoning Entitlements (Case Index Nos. C-5-86, D-55-01, DAP-000-794, DAP-000-999, DAP-001-083, and DAP-001-227) approving Condition No. 11 of DAP23-0010 changing maximum 16 -feet onsite storage of materials to allow 35 -feet onsite materials storage

1.1 Packet Pg. 9
Staff Report to the Mayor and City Council
Appeal of Modification of Zoning Entitlement - Ecology Recycling Services May 7, 2024

Page 2 ends

height on 19.39-acre site located in the M -2 (Heavy Industrial) Zone. (City Council File Index No. DAP24-0018)

BACKGROUND

At the request of the Planning Commission, staff ha s been reviewing Ecology Recycling / AIM existing operations, building permit approvals, and compliance with past City approvals dating back to September 19, 1986, because of complaints received by Planning Commission Members.

Staff made several presentations to the Planning Commission between July 25 to September 12, 2023, providing the Commission with a detail of the operations, conditions of approval, and permit status.

The Chair and Commission members requested more information regarding the status of compliance with previous approvals and code enforcement actions in order to respond to questions from the public and to address any ongoing non -compliance issues. The sp ecific Zoning Code section that provides the authority for the Commission to review the zoning entitlements is in Title 18 (Zoning Code), Section 18.58.060 (CUPs) which states the following:

“The Planning Commission may periodically review any Conditiona l Use Permit or Minor Conditional Use Permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in th e vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a Public Hearing date shall be set.”

On September 12, 2023, the Planning Commission held their last zoning entitlement review of the existing metal shredding and recycling use at 785 East M Street. Concerns were heard from both the Planning Commission and residents of the adjacent residential neighborhood. The main concerns included:
 Hours of Operation from 5:00 a.m. to 5:00 p.m., Mo nday – Sunday, were the cause of complaints.
 Complaints related to Noise and Vibration were voiced in the dropping of steel plates when placed in rail cars at early hours of the day.
 Complaints about odors and more noise complaints taking place at 5:00 a.m.  Complaints about pile heights not conforming with maximum 16 -feet condition of approval.
 Complaints about noncompliance with Water Resources Board and other agency inspection requirements.
 Concerns that the project was not in compliance with previous Commission approvals.

1.1 Packet Pg. 10
Staff Report to the Mayor and City Council
Appeal of Modification of Zoning Entitlement - Ecology Recycling Services May 7, 2024

Page 3 ends

The Planning Commission directed staff to set a public hearing for review and possible Modification and/or Revocation of the zoning entitlements based on several concerns voiced by the Commission and heard from the public as related to the operation of the business, compliance with City approved conditions of approval, and compliance with County, State and Federal inspections of the metal shredding and recycling facility. The Commission w as also in favor of holding a neighborhood meeting with the residents prior to the public hearing.

On October 4, 2023, Staff held a neighborhood meeting at San Salvador Church to discuss the Ecology Recycling Services/AIM Project. Attendees expressed several concerns similar to what was expressed during the Planning Commission review s that took place from July through September 2023.

After holding three public hearing meetings on the review of the metal shredding and recycling services, on March 26, 2024 the City of Colton Planning Commission approved Modification of Zoning Entitlements (Case No. DAP23 -0010) for Ecology Recycling Services / AIM (American Iron and Metal) C onditional Use Permit and Architectural and Site Plan Review pertaining to the existing metal shredding / recycling use and Variance t o allow an 18 -feet high perimeter fence along the east side of the property on property measuring approximately 19.39 acres of land within the M-2 (Heavy Industrial) Zone.

The Commission made a motion and a second to approve Planning Commission Resolutio ns Nos. R -02-24 and R -04-24, at which time the Commission voted 4 -0-1 (Commissioner Escarcega was on an excused absence) approving the project. Attachment 1 includes Planning Commission adopted Minutes of the March 26, 2024, Planning Commission Meeting. (Attachment 1). The representatives from Ecology Recycling Services agreed with all the new and modified conditions of approval, except for condition #11 relating to the storage of pile heights. The request from Ecology Recycling Services was to increase t he pile height from 16 - feet to 35-feet. Attachment 2 includes the approved Resolutions for the project – Resolution No.

R-04-24 includes Condition of Approval No. 11 and Resolution R-02-24 approved the Variance for the fence height on the eastern boundary of the property.

On April 4, 2024, the applicant submitted an Appeal of Planning Commission’s denial only for changing Condition #11 from 16 -feet to 35 -feet. The appellants appeal letter is attached with their reason to increase the pile height. (Attachment 3)

Summary of past City Council and Planning Commission actions is provided in Attachment 4.

ISSUES/ANALYSIS

The appeal relates to two conditions of approval of the metal shredding and recycling use at 785 East “M” Street and both of these areas were originally approved in 2006 . The amount of material processed per day was modified in 2013. The first area relates to Condition of Approval No. 11 related to restricting the volume of material to be processed on the project site to be 680 tons per day a nd then modified in 2013 to allow increase from 680 tons per day to allow an

1.1 Packet Pg. 11
Staff Report to the Mayor and City Council
Appeal of Modification of Zoning Entitlement - Ecology Recycling Services May 7, 2024

Page 4 ends

increase of the volume of materials to be processed to 1600 tons per day. T he second condition relates to Condition of Approval No. 12 addressing the maximum pile heights of 16 -feet for all materials processed or stored on the project site approved in 2006. However, the storage height was not changed in 2013 when the volume of materials processed on the project site was increased.

Staff has included each of the conditions of ap proval mentioned above as major basis for the appeal and for the City Council review.

2006 Conditions of Approval related to restrictions on material process in tons per day and restriction on stacking height – City Council Resolution No. R-85-06:
“11. The volume of material to be processed shall not exceed 680 tons per day (TPD).” “12. All materials to be processed or stored on the project site shall not exceed a stacking height of 16 feet.”
2013 Condition s of Approval related to increase in volume of m aterial to be processed – Planning Commission Resolution No. R-09-13:
“4. This approval is for the increase of metal shredding operational capacity from 680 tons per day/17,680 tons per month to processed 1,600 tons per day./41,600 tons per month without increasing the volume of railroad transloading (transfer of goods from rail car to truck distribution).”
“10. All materials to be processed or stored on the project site shall not exceed a stacking height of 16-feet.”
2024 Condition of Approval condition related to stacking height. “11. Maximum Outside Storage Height. All Materials to be processed or stored at specific designated storage areas on the project site shall not exceed a stacking height of 16 feet.

Material storage piles shall not encroach into the Fire Access Roadways as required by Condition 16. (Originally under Miscellaneous, Condition #12 of R -85-06/D-55-01; under Planning Division Condition #10 of R-09-13/DAP-001-083).”

The appellant’s argument specifically references the relationship be hind the original approval and the reason why the increase of the material storage height is necessary for business operations today.

The main reason for the appeal to increase the height from 16 -feet to 35-feet relates to the April 23, 2013 Planning Commission approval of Resolution R-09-13 to allow the volume of materials to be processed to be increased from 680 tons per day to 1,600 tons per day. However, the Planning Commission did not increase the restricted stacking height of 16-feet.

1.1 Packet Pg. 12
Staff Report to the Mayor and City Council
Appeal of Modification of Zoning Entitlement - Ecology Recycling Services May 7, 2024

Page 5 ends

The Planning Commission considered the various documents, presentations, and analysis provided by Ecology Recycling Services. However, the Commission felt that the 16 -feet restriction should not be increased. The Commission members stated that i ncreasing the heights was aesthetically unattractive, and unnecessary because piles of material are continuously being shredded or moved daily by train or truck. The Commission felt that the daily materials removal from the site should not be increased and to keep the materials storage height at 16-feet.

The Appellant’s letter of appeal refers to the 2013 Planning Commission approval of the increase tons per day from 680 to 1,600 “ without a commensurate increase in the pile height, which should have increased to at least 37 -feet and 6-inches.” However, the request is to increase the pile height to 35-feet. Their letter of appeal provides visuals to further justify their reason for the appeal showing that the 35 -feet pile height storage increase would not be visible from vario us angles along east “M” Street. Staff has also attached copies of information provided to the Commission as related to the applicant’s February 13, 2024 plans/exhibits presented to the Planning Commission to increase the height of all the storage of materials processed by the metal shredding and recycling use. (Attachment 5)

The City Council has the option to uphold the Planning Commission’s decision as contained in the attached City Council Resolution No. R-37-24. (Attachment 6) or

The City Council has an option to overturn the Planning Commission’s Decision the decision of the Planning Commission as related to the request by the Appellant to modify Condition of Approval #11 to allow all materials to be processed or stored on the project site shall not exceed a stacking height of 35-feet or other height as determined by the City Council. Staff will need to return with a final resolution including findings for approval , which will be provided by staff after hearing the discussion and reasons why the Cou ncil may overturn the Planning Commission’s decision. (Attachment 7, Resolution No. R-38-24).

FISCAL IMPACTS

None.

ALTERNATIVES

 Deny Appeal and uphold Planning Commission decision; or

 Grant Appeal overturning the Planning Commission Decision related t o Condition No., 11 to allow change in storage pile height for the site; or

 Provide alternative direction to staff.

ATTACHMENT

1.1 Packet Pg. 13
Staff Report to the Mayor and City Council
Appeal of Modification of Zoning Entitlement - Ecology Recycling Services May 7, 2024

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1. Attachment 1_PC_2024 March 26_Meeting Minutes

2. Attachment 3_Appeal Letter_DAP24-0018

3. Attachment 4_785 East M Street Past City Council and Planning Actions

4. Attachment 5_Applicant Feb. 13, 2024 Plans-Exhibits PIle Height Increase

5. Attachment 6_CC Resolution No. R-37-24_785 East M St_Appeal_Upholding

6. Attachment 7_CC Resolution No. R-38-24_785 East M St_Appeal_Overturning

7. Attachment 2_PC Reso No. R-02-24 and R-04-24

1.1 Packet Pg. 14

1.1.a
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Attachment: Attachment 1_PC_2024 March 26_Meeting Minutes (4493 : Appeal of Modification of Zoning Entitlement - Ecology Recycling

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Attachment: Attachment 1_PC_2024 March 26_Meeting Minutes (4493 : Appeal of Modification of Zoning Entitlement - Ecology Recycling

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Attachment: Attachment 1_PC_2024 March 26_Meeting Minutes (4493 : Appeal of Modification of Zoning Entitlement - Ecology Recycling

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Attachment: Attachment 1_PC_2024 March 26_Meeting Minutes (4493 : Appeal of Modification of Zoning Entitlement - Ecology Recycling

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Attachment: Attachment 3_Appeal Letter_DAP24-0018 (4493 : Appeal of Modification of Zoning Entitlement - Ecology Recycling Services)

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Attachment: Attachment 3_Appeal Letter_DAP24-0018 (4493 : Appeal of Modification of Zoning Entitlement - Ecology Recycling Services)

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Attachment: Attachment 3_Appeal Letter_DAP24-0018 (4493 : Appeal of Modification of Zoning Entitlement - Ecology Recycling Services)

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Attachment: Attachment 3_Appeal Letter_DAP24-0018 (4493 : Appeal of Modification of Zoning Entitlement - Ecology Recycling Services)

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Attachment: Attachment 3_Appeal Letter_DAP24-0018 (4493 : Appeal of Modification of Zoning Entitlement - Ecology Recycling Services)

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Attachment: Attachment 3_Appeal Letter_DAP24-0018 (4493 : Appeal of Modification of Zoning Entitlement - Ecology Recycling Services)

Past Planning Actions for Ecology Recycling/AIM at 785 East M Street. Green box over date are current and active resolutions that are required to be complied by the business operator/owner:

03/26/2024 DAP23-0010 – The Planning Commission approved Resolutions No. R -02-24 for a Variance to allow an 18 -feet high fence along the eastern property boundary and Resolution No. R -04-24 for Modification of Zoning Entitlements for existing metal shredding and recycling facility located on

19.39 acres of land within the M-2 (Heavy Industrial) Zone.

11-24-2015 DAP-001-227 - The Planning Commission approved Resolution No. R-24-15 to allow a Modification to a Conditional Use Permit and Architectural & Site Plan review to allow the construction of a new 21,200 square foot metal building to house appliance shredding equipment.

12-11-2014 DAP-001-205 – Staff Administrative approval for minor modification to Conditions of Approval Nos. 13 and 15 of Planning Commission Resolution No. R-09-13 (DAP-001-083).

04-23-2013 DAP-001-083 – The Planning Commission approved Resolution No. R-09-13 to allow a Modification to a Conditional Use Permit to increase the metal shredding operational capacity to 40,000 tons/month and adopted an Addendum to a previously certified EIR.

03/05/2012 DAP-000-999 – The Design Review Committee approved Architectural and Site Plan Review for the installation and operation of mechanical equipment, subject to conditions.

08/19/2008 DAP-000-794 Appeal. The City Council approved Resolution No. R-95-08 upholding the Planning Commission approval of an amendment to allow to allow the Applicant the discretion to use any one of five (5) treatment processes for all non -hazardous shredded recyclable material (“shredder fluff”). The five (5) treatment processes were extensively studied and analyzed in the FRIER and found to be approved treatment processes for the shredder fluff. The following are the approved five (5) treatment processes:

1. Standard Management Process: An “in-line” treatment process under a DTSC (Department of Toxic Substances Control) non-hazardous waste determination.

2. Incidental Management of shredder fluff as a hazardous waste.

3. Manage the shredder fluff as a recyclable material

4. Manage the shredder fluff as a hazardous waste

5. Treat and dispose of the shredder fluff as a hazardous waste.

07/22/2008 DAP-000-794 – The Planning Commission approved Resolution No. R-04-08 for a Modification of Conditional Use Permit to utilize the approved disposal methods for shredded recyclable material.

07/18/2006 D-55-01 Appeal. The City Council approved Resolution No. R-85-06 confirming and upholding the Planning Commission approval and approved Resolution No. R-84-06 upholding the Planning Commission’s approval of the certification of Environmental Impact Report (EIR) (Conditions – Follow-up: Miscellaneous 10, 11, 12, 13, 15, 16, 17, 18-22; Aesthetics 1 and 5)

06/13/2006 D-55-01 Rescinding 2004 approval. The Planning Commission approved Resolution No. R-04- 06 Final Revised Environmental Impact Report (EIR) pursuant to litigation outcomes and approved R-05-06 Modification of Conditional Use Permit, New Building, Increase in Railroad Transloading and Variance to allow an over height wall on the southerly portion of the property.(note – this action replaced R-10-04 and R-11-04)

2004 Litigation The project approval, the 2004 EIR was challenged in the San Bernardino County Superior Court.

The Court upheld the 2004 EIR in all respects, except with regard to the following discrete issues:
- Trip Generation – for the shredder only
- Trip Distribution -0 “M” Street Impacts
- Application of appropriate LOS Standard
- Traff Mitigation – Feasibility

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Attachment: Attachment 4_785 East M Street Past City Council and Planning Actions (4493 : Appeal of Modification of Zoning Entitlement - 785 E. M Street - Page 2 of 2

- Hazardous Materials – Management of Shredder Fluff; and - Air Quality – Cumulative Impacts
- The Court rejected all of the Petitioner’s other challenges to the 2004 EIR. The 2004 EIR was adjudged adequate and in compliance with CEQA on all other points.

11/16/2004 D-55-01 Appeal. The City Council approved Resolution No. R-129-04 upholding the Planning Commission’s Approval to allow a Modification of Conditional Use Permit for operation of metal shredding, construction of metal building, and increasing the volume of railroad transloading. An Environmental Impact Report (EIR) was also upheld with this action (D-55-01).

10/12/2004 D-55-01 – Planning Commission approved Resolution No. R-10-04 to allow a Modification of Conditional Use Permit to allow the installation and operation of metal shredding and R-11-04 certifying the Environmental Impact Report (EIR).

10/22/1996 C-45-96 – Environmental Review, Conditional Use Permit, Site and Architectural Review for three above ground fuel storage tanks. Final decision unclear – item may have been dropped.

Planning staff continues to review documents to make a final determination for this application.

10/11/1996 D-46-94 – Conditional Use Permit to allow rail car dismantling and salvage. Approved by the Planning Commission, subject to conditions of approval.

11/16/1986 C-5-86 – Planning Commission approved Resolution No. R-139-86 for a Conditional Use Permit for a scrap metal recycling facility.

Green box show decision primary points by Planning Commission or City Council. There are a couple of items where there was a staff administrative approval as noted above.

Updated March 27, 2024

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Attachment: Attachment 4_785 East M Street Past City Council and Planning Actions (4493 : Appeal of Modification of Zoning Entitlement - SEALS:

CASC
Engineering and Consulting

AMERICAN IRON AND METAL

CALIFORNIA (AIM)

ECOLOGY RECYCLING SERVICES
PREPARED FOR/APPLICANT:

PROPERTY OWNER:BASIS OF BEARING

BENCHMARK
SHEET 1 OF 6
M
STREET
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STREET

VERNON AVE
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OUNT

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Attachment: Attachment 5_Applicant Feb. 13, 2024 Plans-Exhibits PIle Height Increase (4493 : Appeal of Modification of Zoning Entitlement - Ecology SEALS:

CASC
Engineering and Consulting

AMERICAN IRON AND METAL

CALIFORNIA (AIM)

ECOLOGY RECYCLING SERVICES
PREPARED FOR/APPLICANT:

PROPERTY OWNER:BASIS OF BEARING

BENCHMARK
SHEET 2 OF 6

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Attachment: Attachment 5_Applicant Feb. 13, 2024 Plans-Exhibits PIle Height Increase (4493 : Appeal of Modification of Zoning Entitlement - Ecology SEALS:

CASC
Engineering and Consulting

AMERICAN IRON AND METAL

CALIFORNIA (AIM)

ECOLOGY RECYCLING SERVICES
PREPARED FOR/APPLICANT:

PROPERTY OWNER:BASIS OF BEARING

BENCHMARK
SHEET 3 OF 6

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Attachment: Attachment 5_Applicant Feb. 13, 2024 Plans-Exhibits PIle Height Increase (4493 : Appeal of Modification of Zoning Entitlement - Ecology SEALS:

CASC
Engineering and Consulting

AMERICAN IRON AND METAL

CALIFORNIA (AIM)

ECOLOGY RECYCLING SERVICES
PREPARED FOR/APPLICANT:

PROPERTY OWNER:BASIS OF BEARING

BENCHMARK
SHEET 4 OF 6

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Attachment: Attachment 5_Applicant Feb. 13, 2024 Plans-Exhibits PIle Height Increase (4493 : Appeal of Modification of Zoning Entitlement - Ecology SEALS:

CASC
Engineering and Consulting

AMERICAN IRON AND METAL

CALIFORNIA (AIM)

ECOLOGY RECYCLING SERVICES
PREPARED FOR/APPLICANT:

PROPERTY OWNER:BASIS OF BEARING

BENCHMARK
SHEET 5 OF 6

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Attachment: Attachment 5_Applicant Feb. 13, 2024 Plans-Exhibits PIle Height Increase (4493 : Appeal of Modification of Zoning Entitlement - Ecology Engineering and Consulting

AMERICAN IRON AND METAL

CALIFORNIA (AIM)

ECOLOGY RECYCLING SERVICES
PREPARED FOR/APPLICANT:

PROPERTY OWNER:

BASIS OF BEARING
BENCHMARK SEALS:

SHEET 6 OF 6

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RESOLUTION NO. R-37-24

A RESOLUTION OF THE OF THE CITY OF COLTON CITY COUNCIL UPHOLDING

THE PLANNING COMMISSION DECISION APPROVING MODIFICATION OF ZONING ENTITLEMENTS (C-5-86, D-55-01, DAP -000-794, DAP-000-999, DAP-001-083, AND DAP-001-227) RELATED TO ECOLOGY RECYCLING SERVICES / AIM (American Iron and Metal) CONDITIONAL USE PERMIT AND ARCHITECTURAL AND SITE PLAN REVIEW AS RELATED TO CONDITION NO. 11 PERTAINING TO THE

EXISTING METAL SHREDDING / RECYCLING USE ON PROPERTY MEASURING APPROXIMATELY 19.39 ACRES OF LAND WITHIN THE M-2 (HEAVY INDUSTRIAL) ZONE. (FILE CASE NO. DAP23-0010)

WHEREAS, An appeal of Modification of Zoning Entitlements (C-5-86, D-55-01, DAP- 000-794, DAP -000-999, DAP -0001-083, and DAP -001-227) related to allowing a change to Condition No. 11 to allow a 35 -feet storage of materials height instead of 16 -feet storage of materials height for Ecology Recycling Services / AIM (applicant) Conditional Use Permit and Architectural and Site Plan Review pertaining to the existing metal shredding / recycling use on property measuring approximately 19.39 acres of land within the M -2 (Heavy Industria l) Zone. (APNs: 0276-121-19 and 0163-041-43); and

WHEREAS, on September 12, 2023, the Planning Commission after review of the zoning entitlements on July 25, August 8 and September 12, 2023 , deemed that there was sufficient evidence to warrant a full examination of the Conditional Use Permit and Architectural and Site Plan Reviews for the existing metal shredding use to warrant full examination at a dully noticed public hearing; and

WHEREAS, the Planning Commission has also found it necessary to include specific modification of conditions of approval to clarify and update current operational aspects of the project that have not been fully completed by Ecology Recycling Services / AIM (American Iron and Metal) which require and warrant modifications of the various conditions of past approvals into one new Resolution consolidating previously approved Resolution Nos. R-139-186, R-85-06, R-95-08, R -09-13 and R -24-15 into this resolution he rein with the inclusion of environmental documents approved pursuant to the California Environmental Quality Act; and

WHEREAS, the approved modification to Conditional Use Permit and Architectural and Site Plan Reviews includes various case numbers (C-5-86. D-55-01, DAP-000-794, DAP-000-999, DAP-0001-083, and DAP-001-227) and associated Certified Environmental Impact Report (D-55- 01, DAP -000-794) Addendum to Certified EIR (DAP -001-083) and Mitigated Negative Declaration (DAP -001-227) at which time the Planning Commission conducted duly noticed public hearing on the City initiated Modification of Zoning Entitlements at which time all persons wishing to testify in connection with the proposed actions were heard, and the Modification of Zoning Entitlements were comprehensively reviewed; and

WHEREAS, at the November 16, 1986, Planning Commission meeting, the City Planning Commission adopted Resolution No. R-139-86 (C-5-86) approving a rail car and dismantling and salvage use and approval of the Negative Declaration; and

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WHEREAS, at the July 18, 2006 , City Council meeting, the City Council upon Appeal adopted Resolution No. R -85-06 (D-55-01, which included uses approved in C ase No. C-5-86) confirming and upholding the Planning Commission approval and approved Resolution No. R-84- 06 upholding the Planning Commission’s approval of the certification of Environmental Impact Report (EIR); and

WHEREAS, at the April 23, 2013, Planning Commission meeting, the Planning Commission approved Resolution No. R -09-13 (DAP-001-083) to increase the metal shredding operational capacity to 40,000 tons/month and adopted an Addendum to the 2006 Certified EIR; and

WHEREAS, at the November 24, 2015, the Planning Commission meeting, the Planning Commission approved Resolution No. R -24-15 (DAP -001-227) to allow Modification of Conditional Use Permit and Architectural and Site Plan Review to allow the construction of a new 21,200 square foot metal building to house appliance shredding equipment and Mitigated Negative Declaration; and

WHEREAS, following the City Council's decision , Hugo Neu -Proler Company d.b.a Colton Iron and Metal (CIM) filed a Writ of Mandate with the Superior Court of the State of California for the County of San Bernardino (the "Court") alleging that the EIR did not comply with the requirements of CEQA; and

WHEREAS, the Court upheld the EIR in all respects except as to the analysis of traffic, air quality and hazardous materials, and directed the City to rescind the approval of the Applications in order to perform additional CEQA review, consistent with the Court's decision with respect to these three specific issue areas; and

WHEREAS, following the Court's decision, the City prepared a Revised Draft Environmental Impact Report ("Revised DEIR") which has been duly considered and is described in further detail in the Planning Commission Resolution certifying the Final Revised Environmental Impact Report (Upheld on Appeal by the City Council by Resolution No. R-84-06); and

WHEREAS, on November 14 and 18, 2023 , January 9 and 23, 2024, February 13, 2024, and March 26, 2024, the Planning Commission of the City of Colton held a duly noticed public hearing at which time all persons wishing to testify in connection with the application were heard and the Application was fully examined; and

WHEREAS, on May 7, 2024, the City Council of the City of Colton conducted a public hearing on the application and all persons wishing to testify in connection with the application were heard, and the applications were comprehensively reviewed; and

WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), Section 15162 no new significant impacts have occurred and therefore, no additional environmental review is required for approval of the application. The existing environmental documents related to the project will remain in place including Certified Environmental Impact Report State Clearinghouse Number 20022111002 (D-55-01 and DAP-000-794), Addendum to Certified EIR (DAP-001-083) and Mitigated Negative Declaration (DAP-001-227).

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WHEREAS, that the City Council of the City of Colton does hereby find, determine and declare as follows:

SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, and the findings made for the Modification of Conditional Use Permit in this Resolution, the City Council upholding the Planning Commission’s decision also hereby finds that:

1. That the proposed use is in accord with the General Plan, the objectives of this title, and the purposes of the zone in which the site is located; The proposed recycling facility project is consistent with the following General Plan Update Goals and Objective Policies:

A. General Plan Update Policy LU-3-2: “Retain industrial land for businesses that provide jobs for manufacturing and processing of goods, and that create local revenue sources.” The expanded facility has created approximately 100 jobs, of which 13 employees reside in the City of Colton. The proposed modifications to former zoning entitlements are found necessary to also create a safe, clean, and project reflective of past Planning Commission approvals, requiring immediate action pertaining to unpermitted construction areas on the site and immediate action to other operational improvements as conditioned herein.

B. General Plan Update Policy LU -11.3: “Increase and diversify local employment opportunities and retain and accommodate industrial development that is compatible with City Objectives for safety, environmental and visual quality, and employment and revenue generation.” The existing metal shredding use has improved the street frontage with new landscaping and a decorative block wall on top of a two feet high landscaped berm certainly improve the overall aesthetics of the East M Street frontage. However, the project remains to be incomplete with certain property improvements that will need to be completed to fully be compatible with the surrounding neighborhood. Therefore, the proposed Modifications to Conditional Use Permit approvals (C -5-86. D -55-01, DAP-000-794, DAP-000-999, DAP-0001-083, and DAP-001-227) are warranted and to be in accord with the General Plan.

2. That the proposed Use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; The past expansion approvals of an existing recycling facility use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity for the following reasons:

A. The proposed use hours of operation for the proposed business are being updated based on concerns of hours of operation by the residential neighborhood to the west of the subject site. This will improve keeping the adjacent neighborhood peace and quiet prior to 6:00 a.m. every morning and eliminating any work on Sunday as stipulated in Condition #12.

B. The proposed business is located in an area of the City that consists of a significant amount of industrial and open space resources resulting in the completion of perimeter landscaping and installation of perimeter walls and

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fences with the objective in beautifying the area as originally approved in 2006.

C. Conditions have been updated and placed on the proposed use which will mitigate any potential impacts created by the use (i.e., Hours of operation, placement of buildings, screening/landscaping of site and prohibiting the use of certain high powered cutting tools ) and will ensure that the use does not negatively affect the surrounding residential neighborhood to the west and north side of the freeway with noise, odors and dust clouds created by the metal shredding operations as conditioned herein.

D. Staff have obtained a monthly tonnage report for the past two years to ensure the recycling facility does not exceed the monthly amount of tonnage to be processed. Currently the facility was approved with a maximum amount of 41,600 tons per month. The monthly tonnage reports from January 2023 to October of 2023 show 2,352 tons to 29,814 tons per month was recorded during this time period. Therefore, in compliance with the 41,600 tons per month approved in 2013.

E. All exterior lighting continues to remain in conformance with the lighting standards of the City (i.e., non-flashing and directed away so as to eliminate objectionable glare) in conformance with Chapters 18.40 and 18.42 of the Colton Municipal Code.

3. That the proposed use complies with each of the applicable provisions of this title; The applicants will be required to take immediate action pertaining to completion of previously zoning entitlement approvals, completion of permitting, and operate the business with new hours of operation and new reporting system in addressing concerns and complaints received in writing from the City or from the public. Therefore, the Modification of Conditional Use Permit is warranted to ensure compliance with the Zoning Code.

SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented, and the findings made for the Architectural and Site Plan Review this Resolutions upholding the Planning Commission’s decision, the City Council hereby finds that:

1. The provisions for vehicular parking and for vehicular and pedestrian circulation on the site, and onto adjacent public Right-of-Way will not create safety hazards; The Modification of the Architectural and Site Plan Reviews is warranted as the metal shredding and recycling facility remains incomplete and require Planning approval and Building Permits related to vehicular parking. All the conditions of approval herein require immediate attention to providing planning and building with plans to complete project development improvements as approved by the Planning Commission. A final report back to the Commission is also required of the status of project implementation as conditioned herein one year from the date of this approval.

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quality of life for the citizens of Colton, and the Development is feasible in a manner that will avoid such detrimental or injurious results or such loss or damage; in that there are no specific natural or topographic features requiring protection in the specific project area. However, there are other areas of the project which do impact the neighboring residential homes and street views of the metal shredding operations that will be addressed to include perimeter walls / fences and landscaping beautifying the site from public view.

3. The provisions for on-site landscaping do provide adequate protection to neighboring properties from detrimental features of the proposed development that could be avoided by adequate landscaping; The Modification of Conditional Use Permit is warranted to reinforce previous project approval requirements of the metal shredding and recycling facility to include perimeter fencing, landscaping, change in hours of operation, developing new reporting protocols, and completion of obtaining building permits, planning approval, inspections and final sign off.

4. The provisions for exterior lighting are adequate for human safety and will not diminish the value and/or usability of adjacent property; The project complies with all lighting standards and requirements of the City of Colton for all proposed exterior lighting. This project does not include lighting that will be a nuisance to adjacent residential uses or new to adjacent automobile users. The existing conditions of approval for the project will continuously enforce any potential future lighting issues that may occur on the site impacted adjacent right-of-way and neighboring properties.

3. 5. The exterior design of the buildings and structures will not be injurious or detrimental to the environmental or historic features of the immediate neighborhood in which the proposed development is located and will not cause irreparable damage to property in the neighborhood, to the City and to its citizens; the site is located in a Heavy Industrial Zone and the buildings/structures are appropriate for the approved use, subject to obtaining all approvals, permits, inspections for project full compliance with City approvals. There are no immediate historical features in the immediate location that will be impacted by the metal shredding and recycling use so long as all of the conditions of approval are met as stipulated herein.

6. The proposed Development will not impose an undue burden upon off-site public services, including sewer, water and streets, which conclusion shall be based upon a written report of the City Engineer; and there is no provision in the capital works program of the City to correct the specific burden within a reasonable period after the development will be completed. Most Public Works conditions of approval are presently met and will continue to be enforced and reviewed as necessary, such as with inspecting the water and wastewater systems by the City. Recent inspection conducted on November 1, 2023, related to odors complaint found no issues with water/stormwater

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systems and the odors were not coming from the water/stormwater systems. However, the applicant has agreed to immediately comply with Condition Number 13 herein requiring the applicant to enter into an agreement with the City of Colton to pay a an additional mitigation fee for an amount to be negotiated in order to cover an financial costs for additional project impacts, including but not limited to street, pavement degradation within one year of this approval.

SECTION 3. Pursuant to the California Environmental Quality Act (CEQA), Section 15162 no new significant impacts have occurred and therefore, no additional environmental review is required for approval of the application. The existing environmental documents related to the project will remain in place including Certified Environmental Impact Report (D-55-01 and DAP- 000-794), Addendum to Certified EIR (DAP-001-083) and Mitigated Negative Declaration (DAP- 001-227).

SECTION 4. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council hereby approves Modification of Zoning Entitlements (C-5-86, D-55-01, DAP-000- 794, DAP-000-999, DAP-0001-083, and DAP -001-227) related to Ecology Recycling Services / AIM Conditional Use Permit and Architectural and Site Plan Review pertaining to the existing metal shredding / recycling use on property measuring approximately 19.39 acres of land within the M-2 (Heavy Industrial) Zone, subject to the attached conditions of approval (Exhibit “A”).

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

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

PASSED, APPROVED AND ADOPTED this __day of ___, 2024.

FRANK NAVARRO, Mayor

ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

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EXHIBIT “A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE FOLLOWING CONDITIONS OF APPROVAL FOR PLANNING CASE # DAP24-0018.

HOLD HARMLESS

1. The Applicant shall defend, indemnify, and hold harmless the City of Colton and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Colton, its officers, employees, or agents to attacks, set aside, void , or annul any approval or condition of approval of the City of Colton concerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or development services director. The City shall pr omptly notify the Applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter.

The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.

PLANNING DIVISION (909) 370-5079

1. The Applicant shall meet and comply with all requirements of all reviewing agencies and shall comply with all applicable local, state, and federal rules, laws and regulations.

2. The Applicant shall comply with all conditions of approval within the Planning Commission Resolution No. R-04-24 (File Index No. DAP23-0010).

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RESOLUTION NO. R-38-24

A RESOLUTION OF THE OF THE CITY OF COLTON CITY COUNCIL GRANTING

APPEAL AND OVERTURNING THE PLANNING COMMISSION DECISION OF MODIFICATION OF ZONING ENTITLEMENTS (C-5-86, D-55-01, DAP-000-794, DAP- 000-999, DAP -001-083, AND DAP -001-227) CONDITION NO. 11 OF DAP23 -0010 CHANGING MAXIMUM 16 FEET ONSITE STORAGE OF MATERIALS HEIGHT TO ALLOW 35 FEET ONSITE MATERIALS STORAGE HEIGHT ON 19.39 -ACRE SITE LOCATED IN THE M-2 (HEAVY INDUSTRIAL) ZONE. (CITY COUNCIL FILE INDEX NO. DAP24-0018)

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WHEREAS, that the City Council of the City of Colton does hereby find, determine and declare as follows:

SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, and the findings made for the Modification of Conditional Use Permit in this Resolution, the City Council overturning the Planning Commission’s decision also hereby finds that:

3. That the proposed use complies with each of the applicable provisions of this title;

1. The provisions for vehicular parking and for vehicular and pedestrian circulation on the site, and onto adjacent public Right-of-Way will not create safety hazards;

2. The bulk, location and height proposed will not be detrimental or injurious to other Development in the neighborhood or will not result in the loss of or damage to unique natural or topographic features of the site that are important to the environmental quality of life for the citizens of Colton, and the Development is feasible in a manner that will avoid such detrimental or injurious results or such loss or damage;

3. The provisions for on-site landscaping do provide adequate protection to neighboring properties from detrimental features of the proposed development that could be avoided by adequate landscaping;

4. The provisions for exterior lighting are adequate for human safety and will not diminish the value and/or usability of adjacent property;

3. 5. The exterior design of the buildings and structures will not be injurious or detrimental to the environmental or historic features of the immediate neighborhood in

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Colton City Council Resolution No. R-38-24

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which the proposed development is located and will not cause irreparable damage to property in the neighborhood, to the City and to its citizens;

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

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

PASSED, APPROVED AND ADOPTED this __day of ___, 2024.

FRANK NAVARRO, Mayor

ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

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Colton City Council Resolution No. R-38-24

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EXHIBIT “A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE FOLLOWING CONDITIONS OF APPROVAL FOR PLANNING CASE # DAP24-0018.

HOLD HARMLESS

1. The Applicant shall defend, indemnify, and hold harmless the City of Colton and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Colton, its officers, employees, or agents to attacks, set aside, void, or annul any appro val or condition of approval of the City of Colton concerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or development services director. The City shall promptly notify the Ap plicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter.

The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.

PLANNING DIVISION (909) 370-5079

1. The Applicant shall meet and comply with all requirements of all reviewing agencies and shall comply with all applicable local, state, and federal rules, laws and regulations.

2. The Applicant shall comply with all conditions of approval within the Planning Commission Resolution No. R-04-24 (File Index No. DAP23-0010).

3. Condition No. 11 is hereby modified to allow all materials to be processed or stored at specific designated storage areas on the project site shall not exceed a stacking height of ___ (to be determined or rejected) feet. Materials storage piles shall not encroach into the Fire Access Roadways as required by Condition 16 (Originally under Miscellaneous, Condition #12 of R - 85-06/D-55-01; under Planning Division Conditions #10 of R-09-13/DAP-001-083)

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ITEM NO. 2

STAFF REPORT

DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF COLTON UPDATING THE MASTER FEE

SCHEDULE FOR SERVICES PERFORMED BY THE COMMUNITY
SERVICES DEPARTMENT, RESOLUTION NO. R-33-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve and Adopt Resolution R-33-24, updating the Community Services Department Fee Schedule for implementation on May 13, 2024 with the release of the 2024 Summer edition of the Colton Connection.

BACKGROUND

As part of the annual budget preparation process, the Community Services Department conducts a comprehensive review of all fees associated with programs and activities. The Fee Schedule was last updated and approved by the City Council on April 18, 2023. Notably, CSD hosts the largest con tingent of part -time, entry -level employees in the City. With the recent wage increases for all City employees in the Fall of 2023, the part-time labor budget has naturally increased. To ensure we maintain the high level of service expected by our commun ity, certain fee adjustments are being recommended to align with the rising costs of labor and supplies.

ISSUES/ANALYSIS

City Staff have diligently benchmarked specific fees against agencies serving similar communities and developed a consistent methodol ogy for evaluating fees. Most of the

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Staff Report to the Mayor and City Council
Fee Update - Community Services Department Fees & Rental Policy May 7, 2024

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recommended fee adjustments are directly tied to the increased part -time wages necessary to deliver CSD services and programs. These adjustments primarily impact programs such as Youth & Adult Sports, Aquatics Day Camp , and Reservations , which are service based programs.

Furthermore, this opportunity has been utilized to refine fee descriptions and enhance requested amenities. This includes restructuring Special Event Fees and introducing Community Event pricing for c ity-wide events. Additionally, Reservation Program fees have been reviewed to enhance amenities and provide clarity on fee titles for prospective rental users. While the Reservation Program remains a top revenue generator, it also plays a vital role in s upporting residents and community groups whenever feasible.

Furthermore, Senior (50+ Club) Membership fees, which have been inactive since the pandemic, are being reinstated due to the return of daily programming and meals at the Hutton Community Center. Thorough analysis and comparison with fees in other cities have been conducted, leading to the recommendation of introducing a nominal yearly membership fee for Senior (50+ Club) participants, aligning with fees in surrounding cities.

New fees for FY 202 4-2025 include: Lap Swim Season Pass, Mini Replica Banner Fee, Field Lock & Key Replacement Fee, Paseo Rental Fee, and Non -Member fees for Senior and Teen program events.

Please refer to the attached detailed worksheet, which lists last fiscal year's fees alongside our recommendations for FY 2024 -2025. It's important to note that no changes have been proposed for Library or Early Care & Education programs.

Additionally, attached to this staff report are the Policies and Procedures employed by the Community Services Department for processing and facilitating Facility Rental Reservations across all City Facilities under its purview. It is imperative to establish clear policies to ensure efficient and equitable utilization of our resources while aligning wi th the overarching goals and regulations set forth by our municipality. By delineating these protocols, we aim to enhance transparency, streamline processes, and uphold the standards of excellence expected from our department.

The recommendation is for the City Council to approve the updated Community Services Master Fee Schedule. This schedule was endorsed by the Recreation and Parks Commission on March 20, 2024. It is intended for implementation on May 13, 2024, in the summer edition of the Colton Connection.

FISCAL IMPACTS

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Staff Report to the Mayor and City Council
Fee Update - Community Services Department Fees & Rental Policy May 7, 2024

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If all fees are approved as recommended, we anticipate an increase in revenue in correlation to the increase in labor and supply costs. The goal is to adopt in time for full implementation in the Summer 2024 issue of the Colton Connection for registration in May.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. R-33-24 RESO - CSD Fee Update

2. 2024 Staff CSD Master Fee Schedule Worksheet

3. FY 24-25 CSD Fee Schedule. Exhibit 4

4. CSD Facility Use & Rental Policy

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RESOLUTION NO. R-33-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COL TON

UPDATING THE MASTER FEE SCHEDULE FOR SERVICES PERFORMED BY

THE COMMUNITY SERVICES DEPARTMENT

WHEREAS, the City Council has previously approved a Master Fee Schedule for the Community Services Department on May 13, 2024 and

WHEREAS, with the rising cost of supplies and equipment and the increase in staffing costs mandated by minimum wage laws , updated fees are necessary to meet the same service levels; and

WHEREAS, a properly noticed public hearing was held on May 7, 2024 to receive public comments on the proposed changes to the Community Services Department fees and charges.

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

SECTION 1: Adoption of Fees and Charges . The fees and charges set forth in Exhibit “A” attached hereto and incorporated herein by reference shall take effect and be in force according to law.

SECTION 2: Effective Date of Resolution. The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and thereafter this Resolution shall take effect immediately.

PASSED, APPROVED AND ADOPTED this 7th day of May 2024.

________________________________________
FRANK J. NAVARRO, Mayor

ATTEST:

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Attachment: R-33-24 RESO - CSD Fee Update (4348 : Fee Update - Community Services Department Fees & Rental Policy)

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Adult Sports Adult Sport- Returning 381 381 419 419
Adult Sports Adult Sport - New 444 444 465 465
Adult Sports Free Agent Fee 45 60 50 66
Aquatics Recreation Swim - Children (2 hours) 33 3 3
Aquatics Recreation Swim/ Lap Swim - Adult (2 hours) 66 6 6 Aquatics Summer Recreational Swim Pass- Youth (0-17 years)-25 Sessions Aquatics Summer Rec/Lap Swim Pass- Adult- 25 Sessions
Aquatics Senior Lap Swim Season Pass 150 240
Aquatics Adult Lap Swim Season Pass 170 240
Aquatics Swim Lessons 74 91 81 100
Aquatics Pre-Competition Level 97 120 107 132
Aquatics Adult Swim Class 86 107 95 117
Aquatics Semi-Private Swim Lesson (up to 3 participants) 110 135 121 149 Aquatics Private Swim Lesson 164 204 180 224
Community Event Fun Zone Wristband Fee (range)
Community Event Vendors - Food (Event attendance 50-1,000) 35 35 40 40 Community Event Vendors - Food (Event attendance 1,500-5,000) 80 80 Community Event Vendors - Business/ Corporations (Event attendance 50-1,000) 57 57 50 50 Community Event Vendors - Business/ Corporations (Event attendance 1,500-5,000) 100 100 Community Event Vendors - Nonprofit (Event attendance 50-1,000) 00 0 0 Community Event Vendors - Nonprofit (Event attendance 1,500-5,000) 0 0 Community Event Vendors - Crafts/Small Business (Event attendance 50- 1,000) 02 9 0 2 9 Community Event Vendors - Crafts/Small Business (Event attendance 1, 500-5,000) 20 40 Classes FA/CPR/AED
Classes Contract Class Fees Vary Vary Vary Vary
Day Camp Weekly Fee (5 days) - Youth (ages 6-14) 123 154 135 170 Day Camp Weekly Fee (5 days) - Tots (ages 3-5) 97 114 107 125 Day Camp Youth Camp - 9 week package
Day Camp Youth Camp - 4 consecutive weeks package
Day Camp Tot Camp - 6 week package
Day Camp Tot Camp - 4 consecutive weeks package
Day Camp Youth Camp - Extended Care Fee 42 42 46 46
Day Camp Youth Camp - Daily Fee 37 42 37 42
Day Camp Extended Care-Swim Lessons Bundle 64 64
Excursions Trip Fee Range 20-60 add $5 20-60 add $5
Membership Daily Pass 4 6 4 6
Military Banner New Banner 475 475 475 475
Military Banner Replacement Banner 200 200 200 200
Military Banner Relocation 120 120 120 120
Military Banner Mini Replica Banner
GREEN Text - Change in description RED Text- Change in fee NEW FEE Increased due to Part Time Staff wage
increase
Requested by users
City Council Approved
2023

CITY OF COLTON
Community Services Department - FY 24-25 Fee Schedule

RECOMMENDED
FEES
$5-$25
Increased due to Part Time Staff wage
increase
Increased due to Part Time Staff wage
increase
75 Restructured to be similar to
surrounding cities.

BLACK Text- NO Change REMOVED FEE

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Attachment: 2024 Staff CSD Master Fee Schedule Worksheet (4348 : Fee Update - Community Services

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Miscellaneous Brochure Fee 1 1 1 1
Miscellaneous Active.com Transaction Fee Increased Cost from Vendor Miscellaneous Non Resident Fee - Contract Classes (+25%) (+25%) Miscellaneous P/T Staff Fee (per hour/ per staff) 26 34 28 37 Based on ONE PT staff-Full Cost
Recovery
Miscellaneous Coupons / Promotions
Miscellaneous City Employee Discount
Individual fees only, not teams or
packages
Miscellaneous Gift Certificates
Reservations Facility Reservation Application Fee 53 84 58 92 Reservations Park Rental Application Fee 25 40 28 44
Reservations Banquet Event - Gonzales Center 90 137 99 151 Reservations Banquet Event - Hutton Center Main Room or Patio 113 170 124 187 Reservations Gymnasium - Athletic use (per court-per hour) 79 119 87 131 Reservations Gymnasium/ Boxing Gym - Non-Athletic Use (Minimum - 3 hours) 153 231 168 250 Reservations Funeral Discount - During Business Hours (Maximum of 2 hours) 0 Staff Time 0 Staff Time Reservations Funeral Discount - Outside of Business Hours Staff Time Staff Time Reservations Meeting - Gonzales Center/ Teen Center 72 109 80 136 Reservations Meeting - Hutton Center Main Room or Hutton Patio 102 152 113 167 Reservations Kitchen - Gonzales Center/ Teen Center 55 82 50 75 Reservations Warming Kitchen - Hutton Center 79 119 75 100 Reservations Hutton Center Patio - add on to Main Room Rental 48 72 45 57 Reservations ROR Party Package A (two hours/15 participants) Reservations ROR Party Package B (two hours/30 participants) Reservations ROR Party Package (Additional Hours)
Reservations ROR Party Package
(Additional Staff-per additional 15 persons)
Reservations ROR Party Package - Picnic Shelter Add On
Reservations Recreation Party Package A (two hours/15 participants) Reservations Recreation Party Package B (two hours/30 participants) Reservations Recreation Party Package (Additional Hours) Reservations Recreation Party Package (Additional Staff-per additional 15) Reservations Teen Center - Party Package (2 hours/15 persons) Reservations Teen Center Party Package (Additional Hours) Reservations Teen Center Party Package (Additional Staff- per additional 15) Reservations Aquatic Facility - (2 hours with 4 lifeguards) 371 593 408 650 Reservations Aquatic Facility - Additional Hours
Reservations Aquatic Facility - Additional Staff
Reservations Athletic Field Allocation Fee - per league per season 300 650 300 650 Applies to all leagues whose fees are waived
Reservations Athletic Field Usage - Youth Groups: Non-Profit (per hour) Does not apply to existing youth groups GREEN Text - Change in description RED Text- Change in fee NEW FEE (as needed)
5% off Resident Rate
170
170
50% Discount
(+) 7% each transaction
(as needed)
5% off Resident Rate
(+) 7.5% each transaction
Does not include Refundable Deposit or
Additional Amenities
(as needed) (as needed)
Increased due to Part Time Staff wage
increase
Increased due to Part Time Staff wage
increase
FEES
187
187
50% Discount
Increased due to Part Time Staff wage
increase
BLACK Text- NO Change REMOVED FEE
Community Services Department - FY 24-25 Fee Schedule City Council Approved RECOMMENDED PAGE 22023

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Attachment: 2024 Staff CSD Master Fee Schedule Worksheet (4348 : Fee Update - Community Services

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Reservations Athletic Field Usage - Youth Groups: For Profit (per hour) 15 32 15 32 Reservations Athletic Field Usage - Adult Groups (per hour/ per field) 35 70 35 70 Reservations Athletic Field Lighting Fee (per hour / per field) 22 43 22 43 Does not apply to existing youth groups Reservations Athletic Field Lock & Key Replacement (per park) Used in the event that issued park gate keys
are not returned.

Reservations Cleaning Fee (Gymnasium) 350 438 Requested amenity Reservations Cleaning Fee (Rooms)
Reservations Cleaning Fee - Veterans Park (Fields-stands, dugouts and restrooms) Reservations Cleaning Fee - All other Fields (Fields-stands, dugouts and restrooms) Reservations Equipment Rental - Tablecloths (each/per day) 7 10 7 10 Reservations Equipment Rental - Stage Rental (per day) 257 257 283 283 Reservations Equipment Rental- Audio-Visual Equipment (as available/per hr) Reservations Equipment Rental - Ceiling Drapes (Hutton Center Only) 250 250 Requested amenity Reservations Equipment Rental - Pipe & Drape Walls
Based on number of installed panels.

Reservations Equipment Rental - Decorative Arch. Podium/Easel (each/per day) 25 25 25 25 Reservations Equipment Rental - Lighting System 150 150 Requested amenity Reservations Equipment Rental - Drink Service (cold drink dispensers, coffee pots) 25 25 25 25 Reservations Equipment Rental - Food Service (trays, stands, serving ware) Reservations Equipment Rental - Portable Speaker/ Mic 50 50 Reservations Equipment Rental - Small Sound System 100 100 Reservations Equipment Rental - Large Sound System 200 200 Reservations Equipment Rental - Projector 200 200
Reservations Equipment Rental - Laptop 150 150
Reservations Equipment Rental - Damage Deposit (range)
Reservations Equipment Rental - Operation Staffing Fee 28 37 Reservations Equipment Rental - Volleyball System (per court) 500 500 Reservations Fleming Park and Bandshell (per day) 302 423 302 423 Reservations Non-Profit Discount- Rentals during open hours 50% 25% 50% 25% Reservations Non-Profit Discount- Rentals outside of open hours Reservations Paseo (per hour with 2 staff) 100 150 Requested fee Reservations Picnic Shelter (per day) 79 124 80 100
increase
Reservations Security Deposit (Parks) 100 125
Reservations Security Deposit (Centers/ Fields) 230 300 Senior (50+) Dances/ Events (price range) $7-$15 (+25%) Popular events bring in non-residents who
displace current members
Senior (50+) Dances/ Events Non-Member/ Non-Senior Guest (price range) Senior (50+) BINGO Daily Fee (1 card)
GREEN Text - Change in description RED Text- Change in fee NEW FEEBLACK Text- NO Change $7-$15
Requested amenity 302
234
Staff Time Cost
20-250
Increased due to Part Time Staff wage
increase
50-100
150-500
20-250

0.50 REMOVED FEE
105

0.50 210
302
Staff Time Cost
Increased due to Part Time Staff wage
increase.
200
Expanded amenity services based on
requests and needs
$15-$30
Community Services Department - FY 24-25 Fee Schedule City Council Approved RECOMMENDED PAGE 32023 FEES

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Attachment: 2024 Staff CSD Master Fee Schedule Worksheet (4348 : Fee Update - Community Services

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Senior (50+) Membership Fee - Quarterly 20 25
Senior (50+) Membership Fee- Quarterly- Veterans 16 21
Senior (50+) Membership Fee - Yearly 20 25
Senior (50+) Membership Fee- Yearly- Veterans 16 21
Senior (50+) Daily 50+ Club Fee
Senior (50+) Senior Sport
Special Event Application Fee 184 299 202 328
Special Event Application Fee (Non Profit) 79 105 87 116 Special Event Street Closure (Per Street) 144 273 150 250 Special Event Access to Electricity 144 273 150 250
Teens Special Events (price range for program members)
Popular events bring in non-members who displace
current members
Tiny Tots Fee Per Class Session
Youth Sports Basketball / Football (10 Game Season) 107 135 118 149 Youth Sports Teen Basketball (8 Game Season & All Star Weekend) 96 116 106 128 Youth Sports Late fee for registration established deadline 10 10 15 15 Youth Sports Sports Clinic 64 79 50 75
Youth Sports Youth Sports Class/ Program (6 Week Session) 79 90 87 99

CHILDCARE DESCRIPTION
Registration Fee (per family, at enrollment) 35 35 Childcare Field Trip (Optional) 25 25 Late Pick-up Charge (for every 1-15 minutes late) 8 8 Late Payment Charge (after the 25th of each month) 25 25 Part-Time Care Rate .25 - 6.25 hours per day 20 20 Full-Time Care Rate 6.5 or more hours per day 30 30 Sibling Discount (for additional family members)
GREEN Text - Change in description RED Text- Change in fee NEW FEE

BLACK Text- NO Change
15% of total bill 15% of total bill

REMOVED FEE
add $5 for non-members
Community Services Department - FY 24-25 Fee Schedule
Increased due to Part Time Staff wage
increase
$7-$15
Increased due to Part Time Staff wage
increase
Increased due to Part Time Staff wage
increase

RECOMMENDED
FEES
City Council Approved
2023
Most senior centers charge a yearly
membership fee

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Attachment: 2024 Staff CSD Master Fee Schedule Worksheet (4348 : Fee Update - Community Services

RECREATION DESCRIPTION RESIDENT NON-RESIDENT
Adult Sports Adult Sport- Returning 419 419
Adult Sports Adult Sport - New 465 465
Adult Sports Free Agent Fee 50 66
Aquatics Recreation Swim - Children (2 hours) 33
Aquatics Recreation Swim/ Lap Swim - Adult (2 hours) 66 Aquatics Senior Lap Swim Season Pass (valid for no more than 40 dates) 150 240 Aquatics Adult Lap Swim Season Pass (valid for no more than 40 dates) 170 240 Aquatics Swim Lessons 81 100
Aquatics Pre-Competition Level 107 132
Aquatics Adult Swim Class 95 117
Aquatics Semi-Private Swim Lesson (up to 3 participants) 121 149 Aquatics Private Swim Lesson 180 224
Community Event Fun Zone Wristband Fee (range)
Community Event Vendors - Food (Event attendance 50-1,000) 40 40 Community Event Vendors - Food (Event attendance 1,500-5,000) 80 80 Community Event Vendors - Business/ Corporations (Event attendance 50-1,000) 50 50 Community Event Vendors - Business/ Corporations (Event attendance 1,500-5,000) 100 100 Community Event Vendors - Nonprofit (Event attendance 50-1,000) 00 Community Event Vendors - Nonprofit (Event attendance 1,500-5,000) 00 Community Event Vendors - Crafts/Small Business (Event attendance 50- 1,000) 02 9 Community Event Vendors - Crafts/Small Business (Event attendance 1, 500-5,000) 20 40 Classes Contract Class Fees Vary Vary
Day Camp Weekly Fee (5 days) - Youth (ages 6-14) 135 170 Day Camp Weekly Fee (5 days) - Tots (ages 3-5) 107 125
Day Camp Youth Camp - Extended Care Fee 46 46
Day Camp Youth Camp - Daily Fee 37 42
Excursions Trip Fee Range 20-60 add $5
Membership Daily Pass 46
Military Banner New Banner 475 475
Military Banner Replacement Banner 200 200
Military Banner Relocation 120 120
Military Banner Mini Replica Banner
Miscellaneous Brochure Fee 11
Miscellaneous Active.com Transaction Fee
Miscellaneous Non Resident Fee - Contract Classes N/A (+25%) Miscellaneous P /T Staff Fee (per hour/ per staff) 28 37 Miscellaneous Coupons / Promotions
Miscellaneous City Employee Discount
Miscellaneous Gift Certificates
Reservations Facilit y Reservation Application Fee 58 92 Reservations Park Rental Application Fee 28 44
Reservations Banquet Event - Gonzales Center 99 151
Reservations Banquet Event - Hutton Center Main Room or Patio 124 187 Reservations Gymnasium - Athletic use (per court-per hour) 87 131 Reservations Gymnasium / Boxing Gym - Non-Athletic Use (Minimum - 3 hours) 168 250 Reservations Funeral Discount - Durin g Business Hours (Maximum of 2 hours) 0 Staff Time Reservations Funeral Discount - Outside of Business Hours Staff Time N/A

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75 EXHIBIT A
Effective May 13, 2024
(as needed)
5% off Resident Rate
(+) 7.5% each transaction
$5-$25
(as needed)

CITY OF COLTON
Community Services Department - FY 24-25 Fee Schedule

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Attachment: FY 24-25 CSD Fee Schedule. Exhibit 4 (4348 : Fee Update - Community Services Department Fees & Rental Policy)

RECREATION DESCRIPTION RESIDENT NON-RESIDENT
Reservations Meeting - Gonzales Center / Teen Center 80 136 Reservations Meeting - Hutton Center Main Room or Hutton Patio 113 167 Reservations Kitchen - Gonzales Center / Teen Center 50 75 Reservations Warming Kitchen - Hutton Center 75 100
Reservations Hutton Center Patio - add on to Main Room Rental 45 57 Reservations Aquatic Facility - (2 hours with 4 lifeguards) 408 650 Reservations Aquatic Facility - Additional Hours
Reservations Aquatic Facility - Additional Staff
Reservations Athletic Field Allocation Fee - per league per season 300 650 Reservations Athletic Field Usage - Youth Groups: Non-Profit (per hour) Reservations Athletic Field Usage - Youth Groups: For Profit (per hour) 15 32 Reservations Athletic Field Usage - Adult Groups (per hour/ per field) 35 70 Reservations Athletic Field Lighting Fee (per hour/ per field) 22 43 Reservations Athletic Field Lock & Key Replacement (per park) Reservations Cleaning Fee (Gymnasium) 350 438
Reservations Cleaning Fee (Rooms)
Reservations Cleaning Fee - Veterans Park (Fields-stands, dugouts and restrooms) Reservations Cleaning Fee - All other Fields (Fields-stands, dugouts and restrooms) Reservations Equipment Rental - Tablecloths (each/per day) 71 0 Reservations Equipment Rental - Stage Rental (per day) 283 283 Reservations Equipment Rental - Ceiling Drapes (Hutton Center Only) 250 250 Reservations Equipment Rental - Pipe & Drape Walls
Reservations Equipment Rental - Decorative Arch. Podium/Easel (each/per day) 25 25 Reservations Equipment Rental - Lighting System 150 150 Reservations Equipment Rental - Drink Service (cold drink dispensers, coffee pots) 25 25 Reservations Equipment Rental - Food Service (trays, stands, serving ware) Reservations Equipment Rental - Portable Speaker/ Mic 50 50 Reservations Equipment Rental - Small Sound System 100 100 Reservations Equipment Rental - Large Sound System 200 200 Reservations Equipment Rental - Projector 200 200
Reservations Equipment Rental - Laptop 150 150
Reservations Equipment Rental - Damage Deposit (range)
Reservations Equipment Rental - Operation Staffing Fee 28 37 Reservations E
quipment Rental - Volleyball System (per court) 500 500 Reservations Fleming Park and Bandshell (per day) 302 423 Reservations Non-Profit Discount- Rentals during open hours 50% 25% Reservations Non-Profit Discount- Rentals outside of open hours Reservations Paseo (per hour with 2 staff) 100 150
Reservations Picnic Shelter (per day) 80 100
Reservations Securit y Deposit (Parks) 100 125
Reservations Security Deposit (Centers/ Fields) 230 300 Senior (50+) Dances/ Events (price range) $7-$15 (+25%) Senior (50+) Dances/ Events Non-Member/ Non-Senior Guest (price range) Senior (50+) BINGO Daily Fee (1 card)
Senior (50+) Membership Fee - Yearly 20 25
Senior (50+) Membership Fee- Yearly- Veterans 16 21
Special Event Application Fee 202 328
Special Event Application Fee (Non Profit) 87 116

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Community Services Department - FY 24-25 Fee Schedule Effective May 13, 2024

CITY OF COLTON
$15-$30
Staff Time Cost
302
187
187
50% Discount
200
50-100
150-500
20-250

0.50 EXHIBIT A
302
234

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Attachment: FY 24-25 CSD Fee Schedule. Exhibit 4 (4348 : Fee Update - Community Services Department Fees & Rental Policy)

RECREATION DESCRIPTION RESIDENT NON-RESIDENT
Special Event Street Closure (Per Street) 150 250
Special Event Access to Electricity 150 250
Teens S pecial Events (price range for program members) Youth Sports Basketball / Football (10 Game Season) 118 149 Youth Sports Teen Basketball (8 Game Season & All Star Weekend) 106 128 Youth Sports Late fee for registration established deadline 15 15 Youth Sports Sports Clinic 50 75
Youth Sports Youth Sports Class/ Program (6 Week Session) 87 99

CHILDCARE DESCRIPTION RESIDENT NON-RESIDENT
Registration Fee (per family, at enrollment) 35 Childcare Field Trip (Optional) 25
Late Pick-up Charge (for every 1-15 minutes late) 8 Late Payment Charge (after the 25th of each month) 25 Part-Time Care Rate .25 - 6.25 hours per day 20 Full-Time Care Rate 6.5 or more hours per day 30 Sibling Discount (for additional family members)

LIBRARY DESCRIPTION RESIDENT NON-RESIDENT
Cards Library Cards FREE FREE
Cards Replacement Card 1.5 5
Overdue/Late Materials (per day) Inter-Library Loan Materials 2 2 Overdue/Late Materials (per day) AV Material Returned Outside 1 1 Damage Audio Books - Album/CD Case 55
Damage Audio Books - Missing Barcode, Due Date Card/Pocket 22 Damage DVD's/CD's - Outer Plastic Case (single) 22
Damage DVD's/CD's - Outer Plastic Case (double) 44
Damage DVD's/CD's - Missing Barcode, Due Date Card/Pocket 22 Damage Minor Damage Repair 22
Replacement Periodicals 77
Replacement Replacement Hardbound - Adult & Young Adult 26 26 Replacement Hardbound - Children's 20 20
Replacement Paperback - Adult & Young Adult (standard) 10 10 Replacement Paperback - Adult & Young Adult (oversize) 21 21 Replacement Paperback - Children's 10 10
Replacement Read-a-Longs - CD's 26 26
Replacement Read-a-Longs - Paperback 88
Replacement Audio Materials - Audio Books 45 45
Replacement Audio Materials - DVD's 25 25
Replacement Audio Materials - CD's 15 15
Room Rental Meeting Room - 1st Hour 77 155
Room Rental Meeting Room - Each Additional Hour 61 72
Print Fees Black and White Prints 0.25 0.25
Print Fees Color Prints 0.5 0.5

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CITY OF COLTON EXHIBIT A
Community Services Department - FY 24-25 Fee Schedule Effective May 13, 2024 15% of total bill
add $5 for non-members

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Attachment: FY 24-25 CSD Fee Schedule. Exhibit 4 (4348 : Fee Update - Community Services Department Fees & Rental Policy) 1 | Facility Rental Policy & Procedures
City of Colton FACILITY USE & RENTAL POLICY
Community Services Department

1 POLICY STATEMENT

1.1 Base reservation fees are calculated according to User Group Classification and reservation space size/type. Based on the type of reservation, additional fees may also include equipment, maintenance, utilities, additional staffing, insurance, permits, and licensing.

1.2 Current fees are listed on the Community Services Department Master Fee Schedule.

1.3 The purpose of this Facility Reservation Rules & Regulations is to ensure that the use of City facilities is granted in a fair and equitable manner for meetings , activities, and events, which are recreational, social, and/or civic in nature, offering services of interest and need to the community. Fees charged for the use of City facilities are intended to partially recoup ongoing maintenance and operation costs of the facility. The Director of the Community Services Department has the discretion to make operational policy changes while policy changes pertaining to the fees will be reviewed and approved by the City Council.

1.4 Staff shall be responsible for enforcement of all policies, rules, and regulations established in this policy and shall have the authority to deny or terminate the use of the facility if a determination is made that the user does not conform to the requirements of this Facility Reservation Rules & Regulations and/or may cause damage to the facility.

1.5 City staff shall oversee and supervise all events at City facilities for the safety and wellbeing of the Applicant and facility. Staff shall be responsible for and have complete authority over the facility being used, all equipment, participants, activities, and any security firm(s) on site per the terms of this policy.

Staff shall have the authority to request changes in activities or the ending of activities. Applicants must comply with staff requests and instructions.

2 FACILITIES

2.1 This policy applies to the following City facilities, all associated rooms and amenities:

2.1.1.1 Frank A. Gonzales Community Center - 670 Colton Avenue

2.1.1.2 Lawrence Hutton Community Center – 660 Colton Avenue

2.1.1.3 Art Thompson Teen Center – 600 Mt Vernon Avenue

2.1.1.4 Peter S. Luque Center – 292 East O Street

2.1.1.5 Fleming Park – 525 North La Cadena Drive

2.1.1.6 Cesar E. Chavez Park – 600 Colton Avenue

2.1.1.7 Veterans Park – 290 East O Street

2.1.1.8 Elizabeth Davis Park – 1055 West Laurel Drive

2.1.1.9 Max Lofy Park – 351 North La Cadena Drive

2.1.1.10 Rick Dauer Park – 955 Torrey Pines Drive

2.1.1.11 Prado Park – 3000 East Prado Lane

2.1.1.12 McKinley Park – 600 West Johnston Street

2.1.1.13 Colton Downtown Paseo – 135 West Valley Boulevard

2.1.1.14 Cooley Ranch Park – 2020 Street

2.2 Use of City facilities is subject to the maximum room capacities.

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3 DEFINITION OF TERMS

3.1 "Applicant" means an individual or group, which submits a completed City of Colton Facility Reservation Application and required deposit to use any facility pursuant to the terms of this Use Policy. The date(s) requested by the applicant will be held provided that all terms and conditions of this policy are met.

3.2 "City" means the City of Colton, acting through its officials, representatives, agents, and employees.

3.3 "Confirmed Reservation" means a reservation issued by the City upon approval of a Facility Reservation Application for use of the facility or some portion thereof by an applicant, after all requirements of the Facility Reservation Rules & Regulations are met.

3.4 "Colton Based Non-Profit" means an organization that has a minimum memb ership of 55% Colton residents. A verified membership roster, the Articl es of Incorporation and current IRS documentation indicating status as a Colton based non-profit will be required.

3.5 “Colton Resident” must present a photo ID with a Colton address and/or a current utility bill to verify residency.

3.6 "Inquiry" means when an individual or representa tive of a group seeks information about available dates for possible use by that indi vidual or group. An available date cannot be held for possible use by making an inquiry.

3.7 "Local School Districts" includes Colton Joint Unified High School District.

3.8 "Other Governmental Agencies" means government ag encies other than the City of Colton, which provide service to the Colton community (e.g., County of San Bernardino agencies, districts and authorities, and elected officials; State of Califo rnia departments and elected officials, multi-city organizations and joint powers authorities to which the City belongs, Federal agencies, departments, and elected officials; etc.)

3.9 "Director of Community Services" means the admin istrative head of the Co lton Community Services Department or designee.

3.10 “Reservation Appointment” is a date set for the Applic ant to meet with city staff to determine if the space is the right fit for the applicant’s needs. At this appointment, the Applicant will turn in their memo of understanding, and pay fees and deposit.

3.11 “Vendor” is a business or organization the Applicant hires to perform a service. (Example caterer, DJ, florist…)

3.12 “Deposit” is a refundable amount of money the Applicant is required to pay to hold a reservation.

Deposits may not be fully refunded if damage, cancelations, or other issues occur.

3.13 “User” means an individual or group that obtains a confirmed reservation to use a Colton facility pursuant to the terms of this policy.

3.14 “Meeting Rate” is the fee rate set for any requested use that is for a business or organization formal, informal meeting or training.

3.15 “Banquet Rate” is the fee rate set for any requeste d use that includes food , food service, catering, dining setting & etc.

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3.16 “Hours” of Use are 7:00 a.m. -12:00 a.m., Saturday through Sunday at community center locations, are Sunrise to Sunset, Saturday through Sunday at park locations, and 8:00 a.m. to 10:00 p.m. at ball field locations.

3.17 “League” is a youth non-profit organization consisting of at least four (4) teams. The league must have multiple teams in same age bracket

3.18 “New User” is an organization which has not requested field use and/or been permitted fields in the twelve-month period preceding its submission of a Facility Use Request Form. An organization, which changes its name but otherwise remains the same, shall not be considered a “new user.” Splinter, spin- off or subsidiary organizations will be considered “new users” if they have less than fifty percent of the original organization’s participants. A current organization that merges with another current organization shall not be considered a “new user, ” provided the presiden ts of both merging organizations sign the allocation re quest form for the season in which the allocation is to take effect.

Leagues anticipating a split to form a new league or individuals planning to organize a new sports program, must notify the City six (6) months prior to the estimated starting date.

3.19 “Participant” In a youth league, “p articipant” shall include only those players up to and including seventeen (17) years old that are fully registered with a user organization. In an adult league, “participant” shall include only those players eighteen (18) years of age or older.

4 GROUP PRIORITY RANKING

4.1 An individual or group seeking permission to utilize a City of Colton facility will be classified in one of the following groups. These classifications are used to establish priority of use and amount of the fee and/or deposit. The groups are as follows, in descending order of priority:

4.1.1 Group A – Activities conducted and/or sponsored by the City of Colton. Activities conducted by Other Governmental Agencies, local school districts, and City partners. No fees assessed.

4.1.2 Group B – Private events conducted by Colton residents.

4.1.3 Group C – Colton based approved non-profit organizations.

4.1.4 Group D - Groups/organizations which hold current 501c3 non-profit status outside of Colton.

4.1.5 Group E - Groups/organizations which are commercial/business and/or recurring users.

4.1.6 Group F - Private events conducted by non-residents, non-resident groups/organizations, and businesses based outside Colton.

4.2 Recurrent Use

4.2.1 Recurrent use of Community Center Facilities is limited to availability.

4.2.2 Recurring users may only book six months (one quarter) at a time and reservation must be paid in full, thirty (30) days prior to the first rese rvation of the month. Contact the Coordinator to determine the quarterly schedule.

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5 APPLICATION & CONTRACT PROCEDURES

5.1 A non-refundable application processing fee will be applied to every reservation request, except those users that are exempt from reservation fees as specified in the Facility Reservation Policy.

5.2 Advance Reservation Procedures

5.2.1 Reservations may be made no earlier than:

5.2.1.1 Group A – No limit.

5.2.1.2 Groups B & C – Up to twelve (12) months in advance.

5.2.1.3 Group D, E & F – Up to six (6) months in advance.

5.2.2 Reoccurring users may submit a new applicat ion every quarter or 3 months. Contact the Coordinator for quarterly schedule.

5.2.3 Paper applications will be accepted Monday – Friday, from 9:00 a.m. – 5:45 p.m. only at the Gonzales Community Center. You may also get an application online at ColtonCA.gov/Registration.

5.2.4 Acceptance of an application does not constitute approval.

5.3 Application Procedures

5.3.1 All applicants must complete a City of Colton Facility Reservation Application and pay all applicable fees and deposits per the City Coun cil adopted fee schedule. The Applicant shall be classified and assigned a Group Priority Ra nking in accordance with the definitions and priority rankings set forth in Section 4 of this policy.

5.3.2 All potential applicants shall complete an application a minimum of thirty (30) days prior to the event.

5.3.3 Reservations made less than thir ty (30) days before the event will be accepted only if the facility and required staffing elements are readily available. Additional fees may be required from service providers when limited advance noti ce is provided. All applicable fees must be paid at time of submission. Fees paid are subject to cancelation policy and associated fees.

5.3.4 Depending on the nature of the reservation, the Community Services Department may require additional fees, insurance and/or security personnel.

5.3.5 All reservations are subject to the City Council approved fees and deposit requirements. No reservation shall be confirmed until appropriate fees, deposits, permits/licenses, and insurance are obtained and/or paid.

5.3.6 No reservations will be booked on holidays. For the purpose of this policy, holidays include New Year's Day, MLK Day, President's Day, Columbus Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve.

5.4 Facility Allocation

5.4.1 Facility allocation shall be the sole responsibility of City staff per the provisions of this policy.

The City reserves the right to direct requests for rooms to other City facilities which are deemed more appropriate for the type of request or deny requests if they are deemed inappropriate for the facility.

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5.5 Denial of Application

5.5.1 Room use may be denied, and the application rejected for the following reasons:

5.5.1.1 The facility is incapable of accommodating th e proposed activity by reason of the nature of the activity or the number of people estimated to be in attendance.

5.5.1.2 The Applicant has failed to demonstrate th e ability to provide adequate security to assure that the event is conducted in a safe manner.

5.5.1.3 The Applicant has failed to agree to comply with all the conditions of this Reservation Facility Rules and Regulations of those set forth in this document.

5.5.1.4 The activity is likely to cause physical damage to the facility and/or its equipment.

5.5.1.5 Conditions for the issuance of a facility use contract have not been fulfilled.

5.5.1.6 If it comes to the attention of the City that the Applicant has or will violate any law or regulation relating to the reservation of the City's facility or that the proposed use of the facility will violate any law or regulation.

5.5.1.7 Another event is already scheduled on the requested date.

5.5.1.8 The Applicant previously used the facility an d failed to comply with applicable rules or conditions, or due to damage or lack of cleaning, did not receive all its security deposit back.

5.5.1.9 The Applicant has twice before canceled a scheduled event in the facility without prior notice.

5.6 Facility Reservation Permits

5.6.1 Upon approval of an application and payment of application fees, a facility reservation receipt will be issued authorizing the requested use of the facility.

5.6.2 The Director of Community Services may attach such conditions to the contract deemed necessary for the protection of the public health, safety and welfare and the maintenance and operation of the facility.

5.6.3 Applicant shall not transfer, assign, or sublet use of the reserved facility or apply for use on behalf of another person or organization. Contract holder must be present for event and must sign in with facility staff. Failure to comply may result in forfeiture of fees and/or deposits.

5.6.4 All guests and vendors must adhere to the Community Services Departments Code of Conduct.

5.6.5 If at any time prior to or during the scheduled event the Applicant is not in compliance with the policies and regulations stated in this policy or the co nditions of the fac ility use permit, and after notice of noncompliance, has failed or refused to comply (or compliance is no longer possible), the City, acting by and through the Director of Community Services or his/her designee, may cancel the reservation or termin ate the event. Under those circumstances, no deposits and/or fee(s) shall be returned.

5.6.6 The City reserves the right to cancel a contract issued for any event or activity for its convenience. In the event of such a cancelation, notice shall be given as far in advance as possible, and a full refund will be made. Every effort will be made to find a suitable alternative facility if cancelation by the City is necessary.

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6 PAYMENTS & FEES

6.3 All Facility Reservations are subject to cancelation fees and deposit requirements established in the City Council approved fee schedule.

6.4 Balance of fees must be paid in full, a minimum of fourteen (14) days prior to the event.

6.4.1 In the case of reoccurring Reservations, fees must be paid on a monthly basis, in advance of the month. Example: Fees for a reservation from March - June, must be paid before March 1 for March dates, April 1 for April dates and so on.

6.5 Reservation fees paid 30 days or more prior to reservation date can be paid by personal or business check, cashier's check, credit ca rd, or cash. Reservation fees paid 29 days or less prior to the event must be paid by credit card, cashier's check, or cash.

6.6 The City reserves the right to require additional cl eaning deposits at its discretion based on the proposed use.

6.7 Failure to comply with the payment procedure in th is policy may result in cancelation of event.

Cancelation fees will apply.

6.8 Security Deposit

6.8.1 A Security Deposit is charged for all reservati ons, except those users that are exempt from reservation fees, as specified in the facility rese rvation policy at City facilities. The deposit is refundable if there is no damage to the facility, no overage of time, no remaining balance is due, and the Applicant has been compliant with the reservation policies of the Department.

Please refer to the Refund Policy section for additional information.

6.8.2 The Security Deposit is due within fourteen (14) days of the notification of the Facility Reservation being approved. The remaining bal ance, including all other fees, are due a minimum of fourteen (14) days prior to the event.

6.8.3 Reservations made twenty-nine (29) days or less prior to the event must be paid in full upon processing.

6.8.4 In the event of damage, destruction or defacement, the Applicant shall be liable for all expenses required to repair, restore, or replace the facilit y, its furnishings, or eq uipment to its original condition. If damage is more than the deposit amount, the Applicant shall be required to pay the full cost of the necessary repairs. If the cost to repair damage is less than the deposit amount, the balance of the deposit will be refunded.

6.8.5 Deposits shall be refunded if proper cleanup is completed, Applicant is out on time, and no damage is incurred as a result of the reservation . This determination will be made by staff.

Applicable deposit balances will be refunded within 4 to 6 weeks back to the Credit Card used.

If paid by cash, check or money order, a check will be mailed to the person and address of the reservation contract holder.

6.9 Cancelation by User

6.9.1 Facility Reservations: In the event the Applicant re quests a cancelation or rescheduling of their reservation event after seven (7) calendar days from the time of the approval of the permit, a cancelation or rescheduling fee will be withhe ld from any fees paid and/or the reservation deposit.

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6.9.2 Applicant is responsible for notifying the Co mmunity Services Department in writing of any changes or cancelations to their reservation. Fees or forfeit of deposit may apply.

6.9.3 All reservations shall adhere to the following cancellation/refund policy:

6.9.3.1 If canceled 30 days or less prior to the event, any reservation fees paid shall be refunded, but the processing fee will stand, along with the 5% non-refundable service fee for each financial transaction processed through the Active.Net software systems.

6.9.3.2 If canceled less than 29 days prior to the event, 25% of the fees shall be assessed.

6.9.3.3 Any reservation date changed prior to the event is subject to a $25 processing fee.

If a second change of date is requested, cancelation fees apply.

6.9.3.4 All change of date requests/approvals are subject to facility availability.

7 AVAILABLE SPACES

7.1 Community Center Facilities

7.1.1 Reservation time must include set-up and clean-up time.

7.1.2 Saturday and Sunday use of Community Center Facilities require a minimum four (4) hour reservation period.

7.1.3 Outdoor areas are only available with reserv ation of the Hutton Main Room depending on availability.

7.1.4 All room reservations include tables and chairs upon request and availability.

7.1.5 Additional permits and/or fees may be required depending on the type of use.

7.2 Kitchens

7.2.1 The Community Center Facility Kitchens are only available at additional cost in association with adjoining rooms at the Gonzales Center and Hutton Center. Kitchen equipment includes refrigerator/freezer (items must be removed after each scheduled use), ice machine, warming oven, stove top, and a sink.

7.2.2 No cooking is allowed at indoor City facilities. For purposes of this policy, cooking includes, but is not limited to baking, barbequing, frying, grilling, etc.

8 GENERAL OPERATING REGULATIONS
Your reservation does not entitle you to exclusive usage of the facility. Shared restrooms and common areas may be accessed by the general public. Other areas of the building may be off limits to you and your guests depending on the operational hours of the facility. The City of Colton Community Services department reserves the right to suspend use of a facility group or individuals that do not co mply with the established rules and regulations and Code of Conduct.

8.1 Reservation Staffing will be required for every reservation. The number of staff required will depend on the location and size of the event.

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8.2 Advertising Materials may be left with staff for approval and will be displayed when deemed appropriate and as space permits. Any item posted which has not been approved will be removed and discarded.

8.3 Animals are not permitted inside City facilities except licensed service animals.

8.4 City Equipment may not be moved, rearranged, or altered for purposes other than its intended use.

City equipment shall not be removed from the facility.

8.5 Clean Up is the Applicant's responsibility and includes, but is not limited to, wiping of tabletops, cleaning of chairs, disposing of all trash into proper recept acles, sweeping of kitchen floor, wiping of counter tops and kitchen equipment, cleaning up all spillage on/in floors, refrigerators/freezers, and ovens, and removal of all user-owned or leased (non-City owned) items by the end of the reservation.

8.5.1 Trash – The City will provide trash receptacles and trash bags. Staff will periodically check on the trash and will empty as needed. Please notify staff if trash needs to be emptied during the event. Once the event is in clean-up time trash becomes the responsibility of the Applicant.

8.6 Commercial Use of City Facilities for profit and pr ivate gain is prohibited. Colton-based non-profits may use City Facilities to conduct fundraising efforts (but no cash handling on site), provided that 100% of the funds generated are received by the organization.

8.7 Decorations require prior approval by staff. No si gns or decorations are to be taped, nailed or otherwise attached to walls, windows, ceilings, drapes, or other City property without written approval.

Decorations must be fireproof. Patio decorations, te nts, or other equipment must also receive written approval. No rice, birdseed, confetti, or other similar items shall be thrown in or around the facility.

Balloons must be secured and not released. Metallic ribbons may not be attached to balloons. A portion of the deposit will be held if staff must retrieve released balloons or if any decorations cause damage to the facility.

8.8 Unloading and Loading must be done from parking stalls, properly marked loading curbs, or designated drop-off areas. Personal and reservation items brought in the reservation must be removed at the conclusion of the reservation.

8.9 Discrimination by User Groups is prohibited. The City of Colton shall not rent, lease, or allow use of its public facilities by any person or organization that illegally discriminates on the basis of race, color, creed, marital status, sex, religion, national origin, ancestry, sexual orientation, or handicap condition.

8.10 Events Not Covered in this policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. A variance may be required as provided in Section 10.

8.11 Facility Applicant's Property must be removed fro m City facilities immediately following activity including all decorations, equipment, supplies, etc... The City reserves the right to remove any remaining items from the premises and have them stored at the Applicant's expense. If such equipment or supplies are not claimed within two (2) weeks after notice to the Applicant, the City reserves the right to dispose of such material in any manner it deems approp riate and retain any proceeds received from such disposal. Any cost to the City, including but not limited to administrative costs, incurred to dispose of the unclaimed property in excess of the revenue received from such disposal shall be billed to the Applicant with payment due and payable in thirty (30) days.

8.12 Fire/Open Flame use is strictly prohibited.

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8.13 Food and Beverage regulations apply to all reservatio ns. No cooking is allowed at City facilities. For purposes of this policy, cooking in cludes, but is not limited to baking, barbequing, frying, grilling, etc.

Use of outside areas for food heating and cooking is prohibited.

8.14 Illegal Activity is prohibited. All groups and indivi duals using City facilities shall comply with City, County, State, and Federal laws. Illegal acts, includ ing but not limited to fighting, gambling and lewd conduct, are prohibited. Illegal activities will be immediately reported to law enforcement.

8.15 Incense, Fog, Hazer or Smoke Use is not permitted at City facilities at any time.

8.16 Smoking, vaping, and/or tobacco or Marijuana use of any kind is not permitted in City facilities or parks.

8.17 Maximum Attendance regulations apply to all reservations. All reservations are subject to and may not exceed the maximum room capacities. Failure to comply may result in termination of event.

8.18 Minors shall be supervised by one adult for every 20 minors under the age of 18.

8.19 Parking Lot Use is established to primarily service the facility and is not a rentable space.

8.20 Parking at the facility shall be in marked stalls in designated parking areas and legal spaces on the streets only. Driving on the sidewalk, grass or dirt areas is prohibited.

8.21 Public Portions, including heating and air conditioning systems, are operated solely by the City and shall be operated in a manner deemed best by the City.

8.22 Doors on the premises shall be locked when the facility is not in use. All door openings to public corridors shall be kept closed except for normal ingress and eg ress. During use of City facilities, all exit doors shall be unlocked and shall not be blocked in any manner.

8.23 Sleeping or Lodging is not permitted in City facilities.

8.24 Funeral Receptions/ Celebration of Life rentals for Co lton Residents may include two hours at no cost for a four hour rental IF the primary contact is a Co lton Resident and the event hours occur during the regular business hours at the facility.

8.25 Park Restrooms are unlocked daily at approximately 10:00am and remain open until the park closes at Sunset.

9 SECURITY (IF REQUIRED)

9.1 The City reserves the right to require security whenever it deems it appropriate.

9.2 Event may be required to have additional security, as determined by staff.

9.2.1 Security must be from a licensed and bonded company and approved by the Director of the Community Services. Additional paperwork will be required.

9.2.2 Security must be present ½ hour prior to the start and through the end of the event (including clean-up hour).

9.2.3 Cost of security is the responsibility of the Applicant.

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10 LIABILITY & INSURANCE (If required)

10.1 General Liability Insurance

10.1.1 High Risk and/or reoccurring users of the fa cility shall procure and maintain, at their own expense and for the duration of the event co vered, comprehensive general liability in an amount not less than one million dollars ($1,000,000) per occurrence two million ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. Depending on the nature of the proposed facility use, additional insurance may be required.

10.1.2 The policy must include contractual liability that has not been amended.

10.1.3 Insurance shall contain no special limitations on the scope of protection afforded to City and City personnel.

10.1.4 Insurance shall be the primary insurance and an y insurance or self- insurance maintained by City or City personnel shall be in excess of the user's insurance and shall not contribute with it.

10.1.5 Insurance shall be "date of occurrence" rather than "claims made" insurance.

10.1.6 Insurance shall apply separately to each insured against the limits of the insurer's liability.

10.1.7 Insurance shall be written by insurance companie s qualified to do business in California and rated "A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VIII or better, unless such rating qualifications are waived by the City's Risk Manager due to unique circumstances.

10.1.8 The Applicant's policy must include a 30-day written cancelation notice.

10.1.9 Applicant must file an original copy of the Certificate of Insurance no later than 14 days prior to the event date. If a certificate is not on file by this date, insurance fees will apply.

10.2 Additional Insured Endorsement

10.2.1 Additional insured endorsements are required and must accompany the Certificate of Insurance.

10.2.2 Additional Insured Endorsement must also indicate policy number, date, name of insurance company and name of insured and must name the City, its officers, employees, agents, and volunteers as additional insureds as to comprehensive bodily injury, personal injury, and property damage liability.

10.2.3 To the full extent permitted by law, Applicant shall defend, indemnify and hold harmless City of Colton, its officials, employees and agents, from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or ar ising out of or in any way connected with Permittee's authorized use or occupancy of the facility and adjoining property unless solely caused by the gross negligence or willful misconduct of City of Colton, its officers, employees, or agents.

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11 VARIANCES
An applicant may request a variance from one or more of the rules set forth within in the event that unusual circumstances make it impossible or infeasible to conduct the event within the precise parameters of this policy.

11.1 Variance Request Process

11.1.1 Variances must be requested in writing to the Community Services Director. The request must set forth the unusual circumstances that justify a de viation from the ordinary rules. The decision of the Director of Community Services is final.

11.1.2 Variances will be granted only upon a finding that the circumstances presented are unusual and not likely to recur often, the granting of the variance will not set a precedent, and the variance will not be detrimental to public health, safety or welfare, or disruptive to other events occurring in the facility at the same time or to the immediately surrounding neighborhood.

11.1.3 In the event a variance is granted, the App licant will pay any supplem ental fee necessary to compensate the City for additional costs associated with the variance.

11.2 Variances may be requested only from the following requirements:

11.2.1 Hours of use beyond closing times stated in this policy.

11.2.2 Use of the parking lot for any purpose other th an parking the cars of facility users in marked stalls.

11.2.3 Large events that involve the use of multiple rooms and/or spaces not normally scheduled for use and uses that may result in parking of ev ent attendees in areas beyond the boundary of the City facilities or parking lots, or events not covered in this Use Policy.

11.2.4 Requests for waiver or discount of fees when it can be demonstrated that the use will provide a substantial and measurable benefit to the Colton community.

12 BALLFIELD USE
The demand for the use of City field amenities makes it necessary to establish an equitable and fair method for allocating field use among present and future spor ts organizations. This policy has been established to ensure that the fields are used for recreational, educ ational, and community service functions that meet the needs of the community, as well as to set clear policies, procedures, regulations, and rental rates for such uses.

Furthermore, to ensure that the needs of community- based organizations and gr oups are being met, the criteria for establishing priorities for field use and the permitting process are outlined in this policy.

12.1 Allocation Process

12.1.1 The allocation process begins with the annual Ballf ield Allocation Meeting. Typically held in January and July, this is where current primar y users discuss policies, procedures, residency requirements, field application, permits, rentals, list of required documents and other pre- requisites.

12.1.2 All Colton Based Non-Profit Youth Sports groups interested in obtaining ballfield use permits at any city facility must have an authorized representative in atten dance at the bi-yearly Allocation Meeting to presen t the request for their organization. No more than two representatives per sports group.

12.1.3 Requests for ballfield space from groups not re presented at this meeting will be considered

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only after space is allocated to the groups with representatives in attendance. Organizations who do not send a representative may lose their priority rating for scheduled use of facilities.

12.1.4 Applications to reserve the use of City fiel ds are made through the Community Services Department. This includes fields shared with the Colton Joint Unified School District.

12.1.5 Priority will be given to qualified groups sub mitting an application and required documents at the Allocation Meeting. Applications must be submitted a minimum of fourteen (14) days prior to intended use. Applications must be complete with specific dates, days, and times requested. “blanket” reservation requests will not be accepted or approved.

12.1.6 All applications are subject to review by th e Community Services Department and may be rejected based on the date submitted, missing required documentation, field availability and/ or outstanding balance due on account.

12.1.7 Upon approval, applicant is financially responsible for any charges/fees applicable for use of facility. Fees must be paid in full a minimum of fourteen (14) days prior to field use date.

Outstanding balances may not be carried over into the next allocation period. Payments may be made to Community Services Department. Fa ilure to pay the outstanding balance on or before the end of the allocation period will result in the group forfeiting priority on traditional fields and non-issuance of permits for upcoming allocation periods.

12.1.8 Organizations serving Colton youth (17 years of age and under) shall have priority for athletic field space over organizations serving adults.

12.1.9 Organizations with a “recreational” philosophy and open-enrollment registration shall have priority over competitive, restrictive, exclu sive, travel, or “Club” organizations. Open- enrollment means that no prospective parti cipants are denied registration and full participation in the program, regardless of skill level or ability to pay. The City may require organizations to state their open- enrollment policy on printed material, the wording of which shall be approved by the Community Services Department.

12.1.10 In scheduling facilities, the Community Services Department shall make an effort to schedule specific organizations to specific athletic fi elds and/or parks. This will minimize confusion and/or issues related to multi-user facilities, concession areas, storage facilities, common areas, etc.

12.1.11 In scheduling facilities for athletic leagues, the Community Services Department shall take into account the need for game time slots for league play, before considering the need for practice time slots. The Community Services Department may also take into account any other non- City athletic field facilities that have been secured by each applicant group. This includes, but is not limited to, usage of Colton School District facilities.

12.1.12 Each Colton Based Non-Profit Youth Sports orga nization filing Reservation Application for field use will be required to submit all documentation to the Community Services Department no later than fourteen (14) days prior to the st art of season. Failure to submit the required documentation by the specified deadlines may result in the following penalties:
 Users may be denied all use for the upcoming allocation period.  Users may be denied lighting usage.
 Users may not receive some or any fields requested.

12.2 Criteria for Participation in the Allocation Process

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12.2.1 To qualify as a Colton Based Non-Profit Youth Sports Organization, the following criteria must be met:
 Organization must have a Charter.
 Organization must have a Board of Directors.
 Organization must have a current Determ ination Letter of Exempt Status, U.S.

Treasury or State of California 501c3 or certify affiliation with a national non- profit organization.
 Organization must have a current Sa n Bernardino County Health Department Snack Bar permit.
 Organization must have Articles of Incorporation and/or Bylaws. Must have an affiliation with a national governing body. The national body must have governance over the association.
 Organization must coordinate league within City limits, schedule games based on registration for play in Colton, an d maintain a 55% overall residency of participants.
 Organization must submit game schedules prior to the start of season.  Organization must be managed by volunteers.
 Organization must uphold parents, coac hes and participants to an approved “Code of Conduct,” as initiated in their Bylaws and rules and regulations. NOTE:

Failure to submit and uphold all memb ers of an organization to an approved “Code of Conduct” may result in an or ganization’s forfeiture of all field allocations.
 Organization must conduct all sport related activity on issued field space and within time allocated based on permits.
 Rosters with proof of residency may be required and subject to request of Upland Recreation and Community Services.

12.3 Documentation Required Each Allocation Period

12.3.1 At each allocation period the following docume ntation will be required from each participating youth sports organization with a Reservation Application:
o User Group/Organization Information Sheet
o Season Timeline
o Articles of Incorporation and/or Bylaws
o Valid Certificate of Insurance and Endorsements
o Valid Determination Letter of Exempt Status
o Valid San Bernardino County Health Permit for Snack Bar Operations o Signed Field Usage Agreement
o Sample Code of Conduct
o Master Schedule (including games & practices with team names) o Signed Lighting Agreement
o Copies of any facility permits for use of CJUSD fields/ o League Financials (from previous season)
o Team Rosters (including participant’s name , address, city, zip code, and phone number. Included with the rosters should be a residency verification for each individual participant. Examples: gas, electric, phone, cable, and/or water bill. The City of Colton reserves the right to au dit or verify any information submitted on rosters at any time to verify participation or residency. Incomplete rosters or rosters with less than the age division or minimum player rule per team will not be accepted.)

12.3.2 Failure to submit the above-mentioned informatio n by the specified deadlines may result in loss of priority status and possible loss of some or all requested fields.

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12.3.3 Allocations will not be finalized until all required documentation has been submitted.

12.3.4 Permits are created based on the following cr iteria: season, sport, number of teams per organization, group classification, age division and league seniority.

12.3.5 Permits will not be issued by the Community Services until Department all conditions are met and all necessary documentation has been completed and received by the Community Services Department.

12.3.6 The City has the final say in which field(s) an organization is assigned. Priority does not guarantee that your organization will receive all the fields or times requested. Every attempt will be made to meet schedule requests. However, youth organizations should not assume field availability for new/or expanding programs.

12.3.7 All conflicts will be resolved according to priority of usage.

12.3.8 Permitted use will include snack bar access. Use of the Snack Bar for food sales or feeding is contingent on the youth sports organization holding a valid San Bernardino County Health Permit for such activity.

12.4 Field and Snack Bar Access

12.4.1 Permitted Colton Based Non-Profit Youth Sports Gr oup will be issued one set of keys once the reservation application, allocation fees, in surance and non-profit documentation has been received. Keys must be returned within fourt een (14) days of their last permitted date.

Unreturned keys will be replaced at the Youth Sports Group expense as determined by the Community Services Master Fee Schedule.

12.4.2 Any keys issued for field access are NOT to be duplicated.

12.4.3 Any permitted Colton Based Non-Profit Youth Sp orts Group wishing to add a padlock to any gate at a City facility, must notify City Staff prior to placing the lock and provide two copies of the key to City Staff.

12.4.4 The Colton Based Non-Profit Youth Sports Group’ s President, board members, or designated representative as listed on the application shall re main on the premises for the entire duration of the reservation. Failure to observe this condition may be grounds for the immediate cancellation of the reservation.

12.4.5 Colton Based Non-Profit Youth Sports Group may not sublease, lend, share, or give away fields that have been reserved under their name. Any infractions found may result in immediate loss of field use. This may jeopardize future use of fiel ds and leagues opportunities to submit future applications.

12.4.6 This is restricted to approved vehicles only and use on Athletic Fields is restricted to field maintenance and preparation. Vehicles must be in good operational condition. Full size vehicles are restricted from infield areas.

12.4.7 All banners must be in compliance with the City Sign Ordinance. User group must submit a Temporary Sign/Banner Application to the Co mmunity Services Department specifying the Promotional Banner requirements. All banners must be maintained in good condition and hanging properly. All banners must be of appropriate nature. The City can request banners be removed for any reason.

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12.4.8 All team coaches, or youth sports group organization representatives using the fields, shall possess a copy of the approved facility use application for the league. The Youth Sports Organization designated representative shall be responsible fo r distributing copies of the permit to all applicable parties.

12.5 Field Maintenance

12.5.1 The allocated organization is responsible for the daily cleanliness of the ballfield, any concessions, seating & restroom areas, and park space immediately adjoining.

12.5.2 General conditioning of dirt infields shall be the responsibility of the allocated organization, including dragging, watering, and marking.

12.5.3 A permitted Colton Based Non-Profit Youth Sports Group is to inform City Staff every time there is a maintenance issue and pr ovide photos when possible. City Staff must approve any improvements or repairs that are to be made by the Youth Sports Group.

12.5.4 Requests for maintenance or repairs will be submi tted to the relevant City Department on a regular basis.

12.5.5 Report immediate emergencies (broken water lin es, gushing sprinkler heads, etc.) to the Recreation Division at 909-370-6153 during business hours or at 909-370-5000 after hours or on weekends. When calling, the caller should be prepared to fully identify themselves, their location (park/field), and the specific nature of the emergency so that the appropriate staff can be dispatched.

12.6 Field Closures

12.6.1 The City of Colton reserves the right to suspend facility availability during periods of inclement weather, poor playing conditions, damage (which would cause hazardous safety considerations), and for necessary maintenance.

12.6.2 When thunder is heard and lightening is seen during field use, the User Group must suspend play and take shelter immediately. Once play has been suspended, User Group shall wait at least (30) thirty minutes after the last thunder is heard or lightning flash is witnessed prior to return to play.

12.6.3 User Groups may reserve the right to cancel practi ces or games if they feel that the fields are unplayable due to weather conditions. User Groups are required to make every effort to contact Community Services Department Staff to report th e cancelation. Lights may be canceled, and fees may be adjusted.

12.6.4 The Community Services Department reserves the right to cancel Field Permits without notice due to unforeseen circumstances and/or renovation sche dules. Every effort will be made to inform the user group as soon as information becomes available.

12.7 Field Lighting Access

12.7.1 Each user group will be provided access to turn on and off field lights during permitted field usage. The Community Services Department w ill manage the lighting schedule and final approval on all lighting requests.

12.7.2 A primary Musco lighting system user must be designated by each permitted Youth Sports Group, who is required to sign a light ing user agreement for the allocation period. The user will be

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issued a login and password when a permit is approved, and access will be deactivated when the permit ends.

12.7.3 A designated League Representative will have access to turn lights on or off via telephone and the pertinent ball fields lighting schedule via the MUSCO website (www. control-link.com).

12.7.4 Username and confidential password will be est ablished by each user group’s representative.

The username will remain constant, and the passw ord will be changed at the field allocation meetings in December and June, where user groups will be issued a new confidential password.

12.7.5 Scheduling Light Usage

12.7.5.1 User groups will only have lighting access to those fields, days/times, for which they are allocated. Lights must be turned off when the user group has left for the day or in the event that the day’s activities are cancelled.

12.7.5.2 Adjustments should be made for time ch anges and sunset, as well as inclement weather. Do not use the ‘sunset’ setting.

12.7.5.3 Several user groups share the same space, it is important to refer to permits to ensure that there is no unauthorized usage of lighting.

12.7.5.4 If games or practices are cancelled or end early, user groups must turn off lights with their own access codes or email Community Services Department Staff before 5:00pm.

12.7.5.5 Organizations who fail to abide by the master lighting schedule will be in violation for unauthorized usage of lighting. Community Services Department Staff will conduct periodic audits and groups in violatio n will be charged a per hour rate for unauthorized lighting access.

12.7.5.6 The curfew for all lights is 10:00pm; ther efore all leagues are encouraged to conclude by 9:45pm to allow participants time to clear area.

12.7.6 Temporary lighting access will be provided by City Staff for the first fourteen (14) days of practice if all required documentation has not been submitted. Lights will be scheduled based on APPROVED practice schedules.

12.7.7 If a youth sports organization would like additional lighting for field maintenance, repair or for a meeting, access must be authorized and allo cated by the Community Services Department in advance.

12.7.8 In the event of inclement weather (i.e. rain, wi nd, etc.), the Community Services Department will turn off light access to the fields that have b een deemed “Closed” by the Community Services Department. The user groups will be notified via email and/or phone.

12.8 Tournaments

12.8.1 All resident and non-resident organizations conduc ting tournaments or fundraiser games must pay applicable fees determined by the Community Services Department Master Fee Schedule.

Any Colton Based Non-Profit Youth Sports Grou p conducting a tournament or adult play use must submit a separate reservation application form for those dates.

12.8.2 Tournament dates should be submitted as soon as the league is aware. Tournament dates and

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facilities are not guaranteed if the requested dates and fields fall outside of the current permitted usage.

12.8.3 Any Colton Based Non-Profit Youth Sports Grou p conducting non-league or charter-sanctioned games, practices, tournaments, sport related activities or subletting the group’s permitted fields must pay applicable fees determined by th e Community Services Department Master Fee Schedule and will lose their priority status for one calendar year.

12.8.4 The User is responsible for cleaning the dugout , stands, snack bar and the field following their use. Under the permit, the User assumes financial responsibility for any damages, and/or field repairs due to their organization’s use.

12.9 Youth Sports Group Use of Meeting Space

12.9.1 All youth sports organization’s sign ups and meetings taking place at a City facility must have a reservation application submitted. No fees will be charged if the requested date and time occurs during business hours. Otherwise, fess will be incurred at the Colton Based Non-Profit rate. The authorized representative submi tting the application should follow all the above reservation policies regarding facility use.

12.10 Three Strikes Policy
The purpose of this policy is to implement a systematic method of enforcing the City of Colton’s Municipal Code and the Facility Use Policy. Strikes issued should serve as a warning sign to potential issues that may immediately jeopardize all permits held by the organization. The Community Services Department reserves the right to cancel or suspend approved for games, practices, and other usages based on user groups violation of the City Municipal Code or established Facility Use Policy.

12.10.1 Non-Adherence to City policy and City ordinances may result in the cancellation of current and/or future use.

12.10.2 The following are examples that may result in strikes being issued:
o Illegal use of fields without a permit.
o Illegal use of park space not designated for intended athletic sport related use. o Vending on City premises without permit or written consent of the Community Services Department.
o Organizations found to be practicing or pl aying games prior to or outside of their permitted time and/or date.
o Organizations found to be sub-letting or swapping field permits with any other organizations.
o Organizations found to be practicing or pl aying games on fields which have been previously closed due to inclement weather or any other purpose. o Organizations failing to meet the allocation period financial obligations. o Organizations conducting adult practice and/or games on fields allocated to youth. o Organizations not utilizing permitted fields.
o Organizations utilizing athletic facility lights outside of reserved time frame.

12.10.3 Strike One
Consists of documented activity in direct violation of the City Municipal Code or Facility Use Policy.

A letter will be written to the user group president and field allocation representative documenting the violation. The letter will be placed in the group’s file. This may be appealed to the Community Services Department designee. Staff costs will be absorbed by the organization as stated by the Community Services Master Fee Schedule.

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12.10.4 Strike Two
Occurs after a second documented violation within a current allocation period. The group will be informed in writing that a Community Services Department Staff will be assigned to their permitted activity at the respective park where the violation occurred. The staff member will monitor activity at the site and report any further violations to the City. This may be appealed to the Community Services Department designee. Staff costs will be absorbed by the organization as stated by the Community Services Master Fee Schedule.

12.10.5 Strike Three
The third documented violation within the curren t allocation period. All permits held by said organization/entity for the remainder of the al location period and future allocation will be revoked. This may be appealed to the Community Services Department designee. Staff costs will be absorbed by the organization as stated by the Community Services Master Fee Schedule.

12.10.6 Notwithstanding the above, the City has the discre tion to revoke the right to use any field or facility to any User Group imme diately without following the three strikes procedure set forth above if the violation of state law, the Municipal Code, this policy or other policies, rules or regulations warrant such immediate revocation as determined by the City in its sole discretion.

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ITEM NO. 3

STAFF REPORT

DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: ECONOMIC DEVELOPMENT PRESENTATION.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

BACKGROUND

ISSUES/ANALYSIS

FISCAL IMPACTS

ALTERNATIVES
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ITEM NO. 4

STAFF REPORT

DATE: MAY 7, 2024
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 SPECIAL MEETING HELD ON APRIL 15, 2024, AND THE REGULAR
MEETING HELD ON APRIL 16, 2024, 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 Special Meeting Held on April 15, 2024 and the Regular Meeting Held on April 16, 2024.

BACKGROUND
Minutes for the City Council Special Meeting Held on April 15, 2024 and the Regular Meeting Held on April 16, 2024.

FISCAL IMPACTS
None

ATTACHMENT

1. 04-14-2024 - Draft Minutes

2. 04-16-24 - Draft Minutes
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1 CITY OF COLTON

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

SPECIAL MEETING MINUTES

April 15, 2024

A Special Meeting of the City Council of th e City of Colton was held at 5:30 p.m. on the above- given date in City Hall, located at 650 North La Cadena Drive, Colton, California, Mayor Navarro presiding. Notice of Special Meeting was given on February 22, 2024 , in compliance with Government Code Section 54956(a).

CITY COUNCIL ROLL CALL
Councilmembers present were Toro, Chastain, González Echevarria, and Mayor Navarro.

COUNCIL MEMBERS ABSENT
None

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

CEREMONIAL MATTERS
 Proclamation – Child Abuse Prevention Month

Mayor Navarro read a Proclamation Certificate – Child Abuse Prevention Month; accepted by Hillary Steenson-Ray, Interim Associate Network Officer for the San Bernardino County Children’s Network.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DIS CLOSURES FOR THE COUNCIL MEETING OF APRIL 15, 2024.

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.

BUSINESS ITEMS

1. Water and Wastewater Rate Study - Water and Wastewater Rate Study

Staff Presentation
Public Works and Utilities Director, Brian Dickinson, introduced the item and then proceeded to present Jeremy Margo, a representative of NBS Consulting, to the City Council. Jeremy presented a Water and Sewer Rates study to the City Council.

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2 Public Comment
None

Council Discussion
Councilmembers, Toro, Gonzalez, Chastain, MPT Echevarria, and Mayor Navarro made statements and asked follow up questions of which Brian Dickinson, the Director of Utilities and Public Works, Jeremy Margo, a representative of NBS Consulting provided clarification.

A Motion was made by Mayor Navarro to direct Staff to Select Option 1 for both the water and wastewater rate adjustments (Water Rate - 50% CIP + $30M SRF Loan Declining Block Structure” Rate Adjustments: 15%, 10%, 10 %, 6%, 6% and Wastewater Rate - 40% CIP + $70M SRF Loan Declining Block Structure Rate Adjustments: 30%, 20%, 10%, 8%, 8%).

Vote: Motion Passed with CM Chastain voting no.

ADJOURNMENT

At 6:32 p.m. Mayor Navarro adjourned the Special Council Meeting.

_________________________________
Stephanie M. Vargas, CMC, CPMC
Deputy City Clerk

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CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

April 16, 2024

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

CITY COUNCIL ROLL CALL
Councilmembers present were Council Members Toro, González, Mayor Pro Tem Echevarria and Mayor Navarro. Council Member Chastain was absent.

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 not be discussing Item B in C losed Session as scheduled, but would meet in Closed Session to Discuss Item A, Item C, and Item D.

A. PUBLIC EMPLOYEE EVALUATION
Public Employee Evaluation
Position Title - City Manager

B. CONFERENCE WITH LEGAL COUNSEL - WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Jonathan Fluitt vs. City of Colton

C. CONFERENCE WITH LEGAL COUNSEL - WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Tom DeBellis vs. City of Colton

D. CONFERENCE WITH LEGAL COUNSEL - WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Aaron Nastase vs. City of Colton

Mayor Navarro adjourned the meeting to Closed Session at 5:01 p.m. and at 6:00 p.m. the meeting reconvened, with all members present heretofore.

Council Member Chastain joined closed session at 5:06pm.

City Attorney Reports/Reportable Action

City Attorney Campos announced that the City Council met in Closed Session and discussed Item A , C, and D; there was no reportable action.

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April 16, 2024

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 Peter Tasaka – The Vineyard Church
FLAG SALUTE: Veterans of Foreign Wars (VFW) Commander Bernie Moyeda

CITY COUNCIL ROLL CALL

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

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Recognition - Colton High School Cheer Team

Mayor Navarro introduced the Colton High School Competitive Cheer Team and presented each participant with a Certi ficate of Recognition on behalf of t he City of Colton City Council for competing at USA Nationals on February 16, 2024. CM Toro also invited Isaiah Abrego to share an encouraging speech to team.

Anthony Castellanos, Junior
Raymond Mendoza, Senior
Christian Jason, Junior
Samantha Gonzalez, Junior
Kaila Aparicio, Junior
Dexia Casillas, Junior
Stefany Vergara- Marcelo, Freshman
Aubriana Burgos, Junior
Gennesis Delgadillo, Sophomore
Isabella Winter, Sophomore
Alexis Cartagena, Sophomore
Jennifer Ascencio, Sophomore
Johanna Ruiz, Senior
Denise Lupian, Senior

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 Business Focus - So Cal Locksmith

CM González acknowledged So Cal Locksmith with a Recognition Certificate; accepted by business owner Kathy Dunsmore.

 Proclamation – Earth Day
CM Toro read a Proclamation declaring April 22, 2024 as Earth Day; presented to Jessica Sutorus, the Environmental Conservation Supervisor and Adrianne Rogers, Senior Energy Services Specialist.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF APRIL 16 , 2024.

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
None

MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS
None

BUSINESS ITEMS

(1) Presentation - Habitat Park with Sports Fields - Presentation - Sports Park Project.

Staff Presentation
Community Services Director Deb Farrar introduced the item and Project Managers Ron Hagan and Jeff Scott, from PBLA Environmental Engineering Services to Council. Ron Hagan proceeded to present to Council an overview of the project.

Public Comment
None

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Attachment: 04-16-24 - Draft Minutes (4465 : Draft Minutes 04-15-24 and 04-16-2024) April 16, 2024 Regular City Council Meeting 4 -
Council Discussion
Councilmembers, Toro, Gonzalez, Chastain, MPT Echevarria, and Mayor Navarro made statements and asked follow up questions of which the Project Managers Ron Hagan and Jeff Scott , Community Services Director Deb Farrar, and Kristen Wasz and David Atwater from Ecorp Environmental Consultants provided clarification.

Item was received and filed.

(2) Certification of Election - Approve and Adopt a Resolution of the City Council Reciting the Fact of the Special Election Held on March 5, 2024, Declaring and Certifying the Result, and Such Other Matters as Provided by Law Regarding Measure T, RESOLUTION NO. R-34-24.

Staff Presentation
Deputy City Clerk Stephanie M. Vargas introduced the item gave a brief presentation to Council about the item.

Public Comment
None

Council Discussion
None

Motion and Second by CM González/ CM Chastain to Approve and Adopt Resolution No. R-34-24.

Vote: Unanimous, Motion Passes.

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

PUBLIC COMMENT
None

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

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 14.

Motion and Second by CM Echevarria/CM González to approve consent calendar Items 3 through 14.

Vote: Unanimous, Motion Passes.

(3) Minutes - Approval of Minutes for the City Council Regular Meeting held on April 2, 2024, on File in the Office of the City Clerk.

(4) Warrants - Approve US Bank voucher dated 02/23/2024 and totaling $55,230.42; voucher numbers 211293 to 211391 dated 03/14/2024 and totaling $616,931.38; voucher numbers 211392 to 211506 dated 03/21/2024 and totaling $473,996.94; a payroll disbursement listing dated 02/17/2024 to 03/01/2024 totaling $1,069,882.76 and a payroll disbursement listing dated 03/02/2024 to 03/15/2024 totaling $1,089,498.26.

(5) City Treasurer's Report - Receive and File City Treasurer's Report for January 2024. (6) Additional Funding - ECE Child Care Stipend - Approve and Adopt a Resolution Accepting the Early Care and Education Division Additional Funding, Child Care Stipend, RESOLUTION NO. R-30-24.

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(7) Contract Amendment & Reimbursement Agreement - LSA & Associates - Approve Fifth Amendment of a Professional Services Agreement on Behalf of the Reche Canyon Plaza Project and Amendment to Reimbursement Agreement with Applicant.

(8) Contract Amendment - CA Dept. of Social Services - CCTR 2201 - Approve and Adopt Resolution for Department of Social Services Amendment 02 to Contract CCTR - 3229 for School Age Program Services in the Community Services Department, Fiscal Year 23-24, RESOLUTION NO. R-31-24.

(9) Contract Amendment - Sweeping Company of America - Approve Amendment No. 1 for the Street Sweeping Contract with Sweeping Company of America (SCA) in the Amount of $7,027.36.

(10) Contract Award - CliftonLarsonAllen LLP - Approve Award of Contract to CliftonLarsonAllen LLP for Audit Services.

(11) Contract Award - eCorp - Award Contract to Ecorp for Environmental Consultation Services Necessary in the Pre-Construction Development of Colton Eco-Friendly Park with Community Sports Fields.

(12) Easement - Rialto Bioenergy Facility, LLC - Approve Grant of Easement to Rialto Bioenergy Facility at RIX Facility.

(13) Grant Award - Energy Efficiency and Block Grant (EECBG) - Approve and Adopt a Resolution to Accept Grant Award from the Department of Energy EECBG Program and Award a Piggyback Bid to Beam Global for Two BEAM EV ARC™ 2020 Electric Vehicle Charging Systems for $157,601.64 in Accordance with Colton Municipal Code 3.08.140(c), RESOLUTION NO. R-32-24.

(14) Second Reading of Ordinance No. O-04-24 - 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 Second Amended and Restated Development Agreement with Iron Horse Hills LLC for The Iron Horse Hills Development Project (Tentative Tract Map No. 16798), Located at 1300 East Barton Road in the City of Colton (DAP24-0013), ORDINANCE NO. O-04-24.

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

CITY MANAGER'S REPORTS
None

ADJOURNMENT

At 7:36 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium for Past Council Member Kenneth Koperski and the Fire Chief’s sister Jennifer McHargue . The Mayor called for a moment of silence in their honor.

__________________________
Stephanie M. Vargas, CMC, CPMC
Deputy City Clerk

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ITEM NO. 5

STAFF REPORT

DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 03/22/2024 AND
TOTALING $60,511.74; VOUCHER NUMBERS 211507 TO 211584
DATED 03/27/2024 AND TOTALING $84,748.35; VOUCHER
NUMBERS 211585 TO 211744 DATED 03/28/2024 AND TOTALING
$2,454,971.78; VOUCHER NUMBERS 211745 TO 211845 DATED
04/04/2024 AND TOTALING $420,478.93, WIRES DATED 04/09/2024 AND TOTALING $2,986,889.27 VOUCHER NUMBERS 211846 TO
211937 DATED 04/11/2024 AND TOTALING $654,811.62; AND A PAYROLL DISBURSEMENT LISTING DATED 03/16/2024 TO
03/29/2024 TOTALING $1,123,381.42.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 03/22/2024 and totaling $60,511.74; voucher numbers 211507 to 211584 dated 03/27/2024 and totaling $84,748.35; voucher numbers 211585 to 211744 dated 03/28/2024 and totaling $2,454,971.78; voucher numbers 211745 to 211845 dated 04/04/2024 and totaling $420,478.93, wires dated 04/09/2024 and totaling $2,986,889.27 voucher numbers 211846 to 211937 dated 04/11/2024 and totaling $654,811.62; and a payroll disbursement listing dated 03/16/2024 to 03/29/2024 totaling $1,123,381.42.

BACKGROUND

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

ISSUES/ANALYSIS

5 Packet Pg. 106
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
May 7, 2024

Page 2 ends

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

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Voucher lists-continued

4. Payroll Registers
5 Packet Pg. 107
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. 6

STAFF REPORT

DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR
FEBRUARY 2024.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive and File City Treasurer's Report for February 2024.

ATTACHMENT

1. Treasurer's report Feb 2024 final.xls
6 Packet Pg. 223

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ITEM NO. 7

STAFF REPORT

DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION FOR MEASURE I FIVE

YEAR CAPITAL IMPROVEMENT PLAN AMENDMENT FOR FY
2023/2024, RESOLUTION R-36-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve Resolution No. R-36-24 Amending Fiscal Year 2023/2024 Measure I Five-Year Capital Improvement Plan (Exhibit A).

BACKGROUND

In 1989, the San Bernardino County voters approved the passage of Measure I, authorizing San Bernardino County Transportation Authority (SBCTA), to impose a one -half of one -percent sales tax through 2010. This tax revenue is designated for transportation and traffic management programs. In 2004, voters approved an extension of this sales tax through 2040.

Measure I requires that each local jurisdiction receiving program revenues annually adopt a Five- Year Capital Improvement Plan and an Expenditure Strategy Plan. The Five -Year Capital Improvement and Expenditure Strategy Plan outlines how the local agency plans to expend its funds. As part of the County -Wide Measure I Sales Initiative Program, the measure requires an annual adoption and update of the respective plans.

ISSUES/ANALYSIS

On August 1, 2023, the City Council authorized the submittal of FY 2023/2024 Five Year Capital Improvement Plan. Measure I Policy Valley Local Streets (VLS) policy requires that the Five Year Cap ital Improvement Plan shall be the basis for the annual audit. Jurisdictions will 7 Packet Pg. 234
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have flexibility in adding and moving projects around in their Five Year Capital Improvement Plan based on the necessities of the jurisdiction. However, in order for the project to be qualified for expenditure of Local Streets funds, the project must be listed in the Five Year Capital Improvement and Expenditure Strategy Plan.

Staff reviews the plan periodically to verify if there are projects that incurred expenses but are not listed on the submitted plan. One project with expenses and not listed is the Citywide Street and Traffic Improvement (Account No. 218-2314-6150-3890-0000-000). The funding was used to fund the contract change order for the 9th Street/I-10 Underpass Lighting Project in the amount of $9,840. The change order was approved in previous fiscal year but the expenditure w as not charged to the account until the current fiscal year. The project needs to be added to the FY 2023/2024 Five Year Capital Improv ement Plan (Exhibit A) for compliance with Measure I policy. Approval of Resolution No. R -36-24 (Exhibit B) authorizes the submittal of the revised expenditure plan.

FISCAL IMPACTS

This action is a matter of compliance. There is no additional fiscal im pact of approving the revised Five-Year Measure I Capital Improvement Plan.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Measure I 2024-2028 CIP_Report_Colton

2. Exhibit B -5 year CIP Resolution_FY 23-24
7 Packet Pg. 235
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/23 Carryover Balance $1,807,995.19
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev. $1,413,875 $1,447,284 $1,489,543 $1,533,030 $1,577,779 $7,461,510 Projects:

Pavement Rehab: 2nd St. (Valley to South end) 0.0% 0.0% $31,235 $31,235 $0 $0 $0 $0 $31,235 Pavement Rehab: 5th Street (N St. to Maple St.) 0.0% 0.0% $134,213 $134,213 $0 $0 $0 $0 $134,213 Pavement Rehab: 12 St. (O St. to N St.) 0.0% 0.0% $25,191 $25,191 $0 $0 $0 $0 $25,191 Pavement Rehab: Bryce Ct. (Canyon Dr. to End) 0.0% 0.0% $44,108 $44,108 $0 $0 $0 $0 $44,108 Pavement Rehab: Cameron St. (North to South end) 0.0% 0.0% $86,642 $86,642 $0 $0 $0 $0 $86,642 Pavement Rehab: Carbon Ct. (Canyon Dr. to End) 0.0% 0.0% $38,007 $38,007 $0 $0 $0 $0 $38,007 Pavement Rehab: Cordillera Ave. (Bridge St. to Trail Ct.) 0.0% 0.0% $47,416 $47,416 $0 $0 $0 $0 $47,416 Pavement Rehab: Crescent Circle (Cordillera north to south) 0.0% 0.0% $130,212 $130,212 $0 $0 $0 $0 $130,212 Pavement Rehab: H Street (Rancho to Grand Ave.) 0.0% 0.0% $76,139 $76,139 $0 $0 $0 $0 $76,139 Pavement Rehab: Laurel Lane (Maple to South end) 0.0% 0.0% $23,730 $23,730 $0 $0 $0 $0 $23,730 Pavement Rehab: Mountain View Lane (OldRanch to so. end) 0.0% 0.0% $42,386 $42,386 $0 $0 $0 $0 $42,386 Olive St. Sidewalk Improvement Project (with County of SB) 0.0% 0.0% $826,000 $181,000 $0 $0 $0 $0 $181,000 FY 23/24 Citywide Slurry Seal project 0.0% 0.0% $200,000 $200,000 $0 $0 $0 $0 $200,000 Citywide Sidewalk/ADA Improvement 0.0% 0.0% $264,358 $264,358 $0 $0 $0 $0 $264,358 City Wide Street and Traffic Improvement 0.0% 0.0% $79,239 $79,239 $65,073 $0 $0 $0 $144,312 Pavement Rehab - Cooley Dr. (West End to Ashley Way) 0.0% 0.0% $403,608 $0 $403,608 $0 $0 $0 $403,608 Pavement Rehab: Olive St ( La Cadena to Bordwell) 0.0% 0.0% $101,160 $0 $101,160 $0 $0 $0 $101,160 Pavement Rehab: Bordwell (Olive to Olive St.) 0.0% 0.0% $33,325 $0 $33,325 $0 $0 $0 $33,325 Pavement Rehab: 11th Sreet. (M St. to O St.) 0.0% 0.0% $70,360 $0 $70,360 $0 $0 $0 $70,360 Pavement Rehab - Randall Ave. South Side - (Pepper Ave to W est City Limit) 0.0% 0.0% $147,753 $0 $147,753 $0 $0 $0 $147,753 Pavement Rehab - Berkely Ct. (Rosedale to W est end) 0.0% 0.0% $44,505 $0 $44,505 $0 $0 $0 $44,505 Various Alley Paving 0.0% 0.0% $31,500 $0 $31,500 $0 $0 $0 $31,500 Pavement Rehab: Laurel Ave., D St., Wid Cyn.,K, Shasta, Bostick, Riverside Ave 0.0% 0.0% $1,239,900 $0 $0 $1,239,900 $0 $0 $1,239,900 Pavement Rehab - Valley Blvd, Pennsylvania, Rece Cyn. Rd, Weswood, Glennwood, Skyview, 10th 0.0% 0.0% $1,276,100 $0 $0 $1,276,100 $0 $1,276,100 Pavement Rehab: Valley, Cooley, 10th St. 0.0% 0.0% $1,077,779 $0 $0 $0 $0 $1,077,779 $1,077,779 Citywide Slurry Seal Project 0.0% 0.0% $491,480 $0 $250,000 $119,954 $121,526 $250,000 $741,480 Citywide Sidewalk/ADA Improvement 0.0% 0.0% $0 $0 $300,000 $129,689 $135,404 $250,000 $815,093 Pavement Rehabilitation: Cooley Drive (I-215 Bridge to Ashley Way) 0.0% 0.0% $450,442 $416,769 $0 $0 $0 $416,769
Pavement Rehabilitation: 7th Street (Valley Blvd. to H St.) 0.0% 0.0% $51,832 $44,882 $0 $0 $0 $44,882 Pavement Rehabilitation: Rancho Ave. (South of N St. to Cement Plant Rd.) 0.0% 0.0% $235,333 $238,322 $0 $0 $0 $0 $238,322 Pavement Rehabilitation: Citrus St. (Bordwell to La Cadena) 0.0% 0.0% $124,395 $112,430 $0 $0 $0 $0 $112,430 Rosedale Ave. - City Limit Only (Litton Ave. to Cordova St.) 0.0% 0.0% $56,020 $50,556 $0 $0 $0 $0 $50,556 Pavement Rehabilitation: Litton Ave (La Cadena to Bostick Ave.) 0.0% 0.0% $95,514 $89,601 $0 $0 $0 $0 $89,601 O Street Improvement Project (La Cadena to 6th St.) 0.0% 0.0% $185,415 $176,865 $0 $0 $0 $0 $176,865 Citywide Sidewalk and ADA Project 0.0% 0.0% $173,054 $165,741 $0 $0 $0 $0 $165,741 Bridge Retrofit - Mt. Vernon Ave. over Santa Ana River 0.0% 0.0% $3,500,000 $56,857 $0 $0 $0 $0 $56,857 San Bernardino Ave. St. Improvement bet. Pepper and Indigo (installation curb, gutter, sidewalk, striping & signs) Yes Yes 0.0% 0.0% $450,000 $132,911 $0 $0 $0 $0 $132,911 South La Cadena Dr. Sidewalk Installation Project (W est side, north of Litton Ave.) Yes Yes 0.0% 0.0% $350,000.00 124,095.62 0.00 0.00 0.00 0.00 $124,095.62 Alley Paving: Pennsylvania to 4th (north of Valley), G to Fairway (East of Mt. Vernon), La Cadena to 7th (north of G St.) 0.0% 0.0% $55,500.00 55,500.00 0.00 0.00 0.00 0.00 $55,500.00 FY 21/22 Citywide Striping Project 0.0% 0.0% $29,200.00 17.37 0.00 0.00 0.00 0.00 $17.37 FY21/22 Citywide Slurry Seal/Surface Treatment Project 0.0% 0.0% $136,880.00 33,216.51 0.00 0.00 0.00 0.00 $33,216.51 Barton Bridge Removal Project Yes Yes 0.0% 0.0% $4,500,000.00 32,090.00 0.00 0.00 0.00 0.00 $32,090.00 La Cadena Bridge Replacement Project Yes Yes 56.4% 43.6% $32,000,000.00 65,115.95 0.00 0.00 0.00 0.00 $65,115.95 Citywide Street and Traffic Improvement 0% 0% $26,800.00 13,024.84 0.00 0.00 0.00 0.00 $13,024.84 $0.00
$3,211,871 $1,447,284 $1,489,543 $1,533,030 $1,577,779 $9,259,507 Total Programming is currently 100% Total Estimated Programming: $9,259,507 Jurisdiction:R-36-24
7-May-24
Victor Ortiz, P.E.
909 514-4210
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028
[email protected]
Projects Total:

Colton
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost

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Attachment: Exhibit A - Measure I 2024-2028 CIP_Report_Colton (4495 : Amendment - FY 23/24 Measure I CIP)

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RESOLUTION NO. R-36-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA ADOPTING THE FY 2 3/24 MEASURE I FIVE YEAR CAPITAL

IMPROVEMENT PLAN

WHEREAS the City of Colton is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in th e Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Streets Program to annually adopt and update a Five -Year Capital Improvement Program, and

WHEREAS, Expenditure Plans of the San Bernardino County Transportation Authority Ordinance No. 89 -1 also require that each local jurisdiction annually adopt and update its Capital Improvement Plans; and

WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-1 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Colton is $ 313,796 (attached to this Resolution).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, STATE OF CALIFORNIA DOES HEREBY resolve, reaffirm and adopt the revised Fiscal Year 2023/2024 Five Year Measure I Capital Improvement Plan (Exhibit “A”).

PASSED, APPROVED AND ADOPTED THIS 7th DAY OF MAY 2024.

_______________________________
FRANK J. NAVARRO
Mayor

ATTEST:

______________________________

STEPHANIE VARGAS
Deputy City Clerk

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Attachment: Exhibit B -5 year CIP Resolution_FY 23-24 (4495 : Amendment - FY 23/24 Measure I CIP)

ITEM NO. 8

STAFF REPORT

DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: APPROVE AND ADOPT RESOLUTION FOR CONTRACT

AMENDMENT WITH WILLDAN ENGINEERING FOR BUILDING

AND SAFETY SUPPORT SERVICES AND CORRESPONDING
BUDGET AMENDMENT, RESOLUTION NO. R-41-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Adopt City Council Resolution No. R-41-24 amending the Fiscal Year (FY) 2023-24 budget for purposes of funding Building and Safety support services until June 30, 2024.

2. Approve Third Amendment to the Professional Services Agreement (PSA) with Willdan Engineering to increase compensation in the amount of $400,000 to continue providing plan check, interim building inspection and permit technician support, and include Building Official services through June 30, 2024.

BACKGROUND

The Building & Safety Division ensures building construction compliance with elect rical, plumbing, mechanical, energy and security codes, State safety laws, disabled access, and City ordinances. Compliance with State and local codes is ensured by the Building Official, through oversight of the permits counter support services, plan rev iew and building inspection functions and technical support to other City departments.

After many years of contracting with consultants to provide all services for the Building & Safety Division, these services were brought in -house in early 2014 with au thorization to hire a Building Official and an Inspector. Concurrent with hiring of Building & Safety Division staff, 8 Packet Pg. 238
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May 7, 2024

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the City entered into new contracts for supplemental Building support services, including plan review and building inspection functions on an as-needed basis.

The current contract with Willdan Engineering does not include interim Building Official services, however, with the retirement of the City’s current Building Official, it is necessary that interim services be provided during the recruitment process.

ISSUES/ANALYSIS

The services provided under the current contract with Willdan Engineering perform a critical role in maintaining high -quality, responsive plan check, application intake and inspection services for our customers. Thes e services are overseen by a full -time Building Official. Any interruption in these services may impact the health and safety of the City and result in excessive response times for our Building customers. Therefore, it is necessary to include Building Official services in the current contract with Willdan Engineering on an interim basis. An increase in compensation of $400,000 is proposed.

FISCAL IMPACTS

An additional appropriation from General Fund reserves is necessary for the contract amendment. R esolution No. R -41-24 seeks to amend the FY202 3-24 budget to appropriate an additional $400,000 to continue providing building support services through the contract period in General Fund Building Professional Services Account No. 100 -6300-6302-2350-0000-000.

Plan check services are offset by revenue collected for building permits.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1 - Third Amendment_Willdan Engineering

2. Attachment 2 Executed PSA_Willdan Engineering_02-01-23-02-01-24

3. Attachment 3 Resolution R-41-24 Third Amendment Willdan 8 Packet Pg. 239
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23152.06000\32391457.2

THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON

AND WILLDAN ENGINEERING

1. PARTIES AND DATE.

This Third Amendment to the Professional Services Agreement (“Third Amendment”) is made and entered into this 7th day of May, 2024 by and between the City of Colton (“City”) and Willdan Engineering , Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Third Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated February 1 st, 20 23 (“Agreement”), whereby Consultant agreed to provide building support services for the Building & Safety Division of the Development Services Department.

2.2 First Amendment . On June 12, 2023, City and Consultant amended the Agreement for the First time to increase compensation.

2.3 Second Amendment. On October 17, 2023, City and Consultant amended the Agreement for the Second time to increase compensation to maintain services levels due to staff vacancies and high volume of plan review services.

2.4 Third Amendment. City and Consultant desire to amend the Agreement for the Third time to increase compensation to continue to maintain services levels due to staff vacancies and high volume of plan review services , and include Building Official services on an interim basis.

2.4 Amendment Authority. This Third Amendment is authorized pursuant to Section

3.3.1 “Compensation” 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:

“Consultant shall receive an additional one -hundred ten thousand dollars ($ 400,000) 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-

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hundred fifty-one thousand seven-hundred fifty dollars ($651,750) for FY 23/24 without written approval of City Manager.”

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

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

3.4 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 Third Amendment.

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

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

[SIGNATURES ON FOLLOWING PAGE]

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23152.06000\32391457.2

SIGNATURE PAGE FOR THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND WILLDAN ENGINEERING, INC.

IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to the Professional Services Agreement as of the day and year third above written.

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Stephanie Vargas
Deputy City Clerk

Willdan Engineering
a Corporation

By: _________________________
Patrick Johnson
Director of Building and Safety

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28 RESOLUTION NO. R-41-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FY202 3-24 BUDGET FOR PURPOSES OF FUNDING

BUILDING & SAFETY SUPPORT SERVICES

WHEREAS, on February 1, 2023, the City of Colton entered into a Professional Services Agreement (PSA) with Willdan Engineering to provide support services to the Building & Safety Division for an annual fee of $1 35,000, including building plan review, inspection and permit technician support services, as needed; and

WHEREAS, as permitted by Section 3.1.2 of the 2023 Willdan PSA, the term of the PSA has been extended once, with a final expiration date of February 1, 202 5, unless extended further by City Council; and

WHEREAS, due to unforeseen increases in the volume of plan review services, extended Permit Technician and Building Inspector vacancies, and Building Official vacancy, additional professional services funds are required to provide essential Building services until the end of the 23-24 Fiscal Year (June 30, 2024); and

WHEREAS, the cumulative amount of the amended contract budget is $ 651,750 (135,000 + 6,750 + 110,000 + 400,000); and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Colton does hereby find, determine and declare as follows:

SECTION 1. The FY2023-24 budget is hereby amended to i ncrease appropriations in General Fund Building Division Professional Services Expenditure Account No. 100 -6300- 6302-2350-000-0000 in the amount of $400,000.00.

PASSED, APPROVED AND ADOPTED this __day of ___, 2024.

_______________
______________
FRANK NAVARRO, Mayor

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______________________________
STEPHANIE M. VARGAS
Deputy City Clerk

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28 EXHIBIT “A”

CONDITIONS OF APPROVAL
Only to be added if approved.

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ITEM NO. 9

STAFF REPORT

DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO HOWARD INDUSTRIES INC.

IN THE AMOUNT OF $1,635,234.60 AND WEG TRANSFORMERS

FOR VARIOUS TRANSFORMERS IN THE AMOUNT OF
$590,551.65.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Award the Bid for Various Size Transformers for the Colton Electric Department (CED) as follows: Items 1 through 12, 14 to 21, 23, and 25 to Howard Industries, Inc, c/o Young & Company, in the amount of $1,635,234.60. Items 13, 22, and 24 to WEG Transformers USA in the amount of $590,551.65.

BACKGROUND

On March 19, 2024, staff issu ed a Notice Inviting Bids for Various Size Transformers for the Electric Utility. The Notice Inviting Bids and related documents were distributed through Bidnet Direct, the City’s online bid system. Bidnet direct notified 19 registered vendors of the bid opportunity. A public bid opening was held at 2:00 p.m., on April 16 , 2024, at the CED Administrative offices, and only two bids were received and evaluated.

ISSUES/ANALYSIS

The bid was evaluated for compliance with the specifications for various sizes and types of transformers. Distribution transformers are also evaluated for the total life cycle cost over each transformer’s useful lifetime. This evaluation is performed using a combination of loss calculations supplied by the transformer manufacturer and the unit cost quoted by the vendor and demonstrating the cost of the transformer over its “in -service” life. The transformer that 9 Packet Pg. 266
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Contract Award - Various Transformers
May 7, 2024

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has the lowest initial capital cost plus energy losses over the expected life results in the lowest overall cost.

A Transformer Load Loss Evaluation showing the evaluated cost of the transformers over their useful lifetime is attached. A Bid Analysis, showing the purchase price and delivery times quoted by each vendor. Howard Industries, INC, C/O Young & Company, and WEG Transformers USA were the only bidders. Howard Industries, INC, C/O Young & Company is the low bidder for items 1 through 12, 14 through 21, 23, and 25 in the amount of $1,635,234.60. WEG Transformers USA is the low bidder for items 13, 22, and 24 in th e amount of $590,551.65. Total award amount of $2,225,786.25

FISCAL IMPACTS

Sufficient appropriations are available in the Electric Utility Fund New Development Capital Improvement Expense Account Number 520-8000-8008-3890-0107-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. bid analysis Transformers 4-16-24

2. Transformers Load Loss 04-16-24
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TRANSFORMERS
BID DATE: April 16, 2024

ITEM UNIT AMOUNT UNIT AMOUNT
# QTY DESCRIPTION PRICE PRICE
1 3 100 KVA low profile padmount transformer $15,261.00 $49,789.01 Howard Total $1,635,234.60 12470 Delta Primary voltage, with external taps, No Load loss 184.00 No Load loss WEG Total $590,551.65 Secondary Voltage to be 120/240 Load Loss 873.00 Load Loss Total Amount $2,225,786.25 72 weeks 1,057.00 Total Loss
Delivery:
2 3 167 KVA low profile padmount transformer $19,958.00 $65,112.98 12470 Delta Primary voltage, with external taps, No Load loss 367.00 No Load loss Secondary Voltage to be 120/240 Load Loss 1,307.00 Load Loss Total Loss 1,674.00 Total Loss
Delivery: 72 weeks
3 3 250 KVA low profile padmount transformer $26,240.00 $85,608.00 12470 Delta Primary voltage, with external taps, No Load loss 395.00 No Load loss Secondary Voltage to be 120/240 Load Loss 1,642.00 Load Loss Total Loss 2,037.00 Total Loss
Delivery: 72 weeks
4 3 25 KVA low profile padmount transformer $9,160.00 $29,884.50 12470 Delta Primary voltage, with external taps, No Load loss 149.00 No Load loss Secondary Voltage to be 120/240 Load Loss 701.00 Load Loss Total Loss 850.00 Total Loss
Delivery: 72 weeks
5 3 75 KVA low profile padmount transformer $12,579.00 $41,038.99 12470 Delta Primary voltage, with external taps, No Load loss 105.00 No Load loss Secondary Voltage to be 120/240 Load Loss 540.00 Load Loss Total Loss 645.00 Total Loss
Delivery: 72 weeks
6 3 50 KVA low profile padmount transformer $10,847.00 $35,388.34 12470 Delta Primary voltage, with external taps, No Load loss 205.00 No Load loss Secondary Voltage to be 120/240 Load Loss 760.00 Load Loss 72 weeks 965.00 Total Loss
Delivery:
7 4 100 kVA submersible transformer $24,362.00 $105,974.70 12470 Delta Primary voltage, with external taps, No Load loss 205.00 No Load loss Secondary Voltage to be 120/240 Load Loss 760.00 Load Loss Total Loss 965.00 Total Loss
Delivery: 72 weeks
8 4 75 kVA submersible transformer $21,234.00 $92,367.90 12470 Delta Primary voltage, with external taps, No Load loss 150.00 No Load loss Secondary Voltage to be 120/240 Load Loss 681.00 Load Loss 72 weeks 831.00 Total Loss
Delivery:
9 4 37 kVA submersible transformer $16,479.00 $71,683.65 12470 Delta Primary voltage, with external taps, No Load loss 109.00 No Load loss Secondary Voltage to be 120/240 Load Loss 319.00 Load Loss Total Loss 428.00 Total Loss
Delivery: 72 weeks
10 4 25 kVA submersible transformer $16,074.00 $69,921.90 12470 Delta Primary voltage, with external taps, No Load loss 216.00 No Load loss Secondary Voltage to be 120/240 Load Loss 1,215.00 Load Loss Total Loss 1,431.00 Total Loss
Delivery: 72 weeks
Total award page 1 $646,769.96
Howard Industries
C/o Young & Company NO BID on Items 1-10
WEG

9.a
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Attachment: bid analysis Transformers 4-16-24 (4512 : Contract Award - Various Transformers)

Page 2 of 3 ends

TRANSFORMERS
BID DATE: April 16, 2024

ITEM UNIT AMOUNT UNIT AMOUNT
# QTY DESCRIPTION PRICE PRICE
11 3 112.5 KVA normal profile pad mount transformer(s) $20,763.00 $67,739.29 $25,949.00 $84,658.61 12470 Delta Primary voltage, with external taps, No Load loss 216.00 No Load loss 230.00 Secondary Voltage to be 208Y/120 Load Loss 1,215.00 Load Loss 1,165.00 Total Loss 1,431.00 Total Loss 1,395.00
Delivery: 52 Weeks TBD
12 3 112.5 KVA normal profile pad mount transformer(s) $20,015.00 $65,298.94 $25,462.00 $83,069.78 12470 Delta Primary voltage, with external taps, No Load loss 227.00 No Load loss 248.00 Secondary Voltage to be 480Y/277 Load Loss 1,173.00 Load Loss 1,062.00 Total Loss 1,400.00 Total Loss 1,310.00
Delivery: 52 Weeks TBD
13 5 1500 KVA normal profile pad mount transformer(s) $88,494.00 $481,186.13 $69,508.00 $377,949.75 12470 Delta Primary voltage, with external taps, No Load loss 1,701.00 No Load loss 1,492.00 Secondary Voltage to be 480Y/277 Load Loss 9,027.00 Load Loss 10,172.00 Total Loss 10,728.00 Total Loss 11,664.00
Delivery: 52 Weeks TBD
14 3 150 KVA normal profile pad mount transformer(s) $22,623.00 $73,807.54 $28,608.00 $93,333.60 12470 Delta Primary voltage, with external taps, No Load loss 241.00 No Load loss 297.00 Secondary Voltage to be 208Y/120 Load Loss 1,668.00 Load Loss 1,436.00 Total Loss 1,909.00 Total Loss 1,733.00
Delivery: 52 Weeks TBD
15 2 150 KVA normal profile pad mount transformer(s) $22,400.00 $48,720.00 $28,380.00 $61,726.50 12470 Delta Primary voltage, with external taps, No Load loss 245.00 No Load loss 277.00 Secondary Voltage to be 240/120 Load Loss 1,664.00 Load Loss 1,528.00 Total Loss 1,909.00 Total Loss 1,805.00
Delivery: 52 Weeks TBD
16 1 150 KVA normal profile pad mount transformer(s) $21,927.00 $23,845.61 $27,064.00 $29,432.10 12470 Delta Primary voltage, with external taps, No Load loss 273.00 No Load loss 269.00 Secondary Voltage to be 480Y/277 Load Loss 1,530.00 Load Loss 1,557.00 Total Loss 1,803.00 Total Loss 1,826.00
Delivery: 52 Weeks TBD
17 5 225 KVA normal profile pad mount transformer(s) $28,893.00 $157,105.69 $33,377.00 $181,487.44 12470 Delta Primary voltage, with external taps, No Load loss 365.00 No Load loss 364.00 Secondary Voltage to be 208Y/120 Load Loss 2,133.00 Load Loss 2,167.00 Total Loss 2,498.00 Total Loss 2,531.00
Delivery: 52 Weeks TBD
18 1 225 KVA normal profile pad mount transformer(s) $26,686.00 $29,021.03 $31,569.00 $34,331.29 12470 Delta Primary voltage, with external taps, No Load loss 375.00 No Load loss 395.00 Secondary Voltage to be 480Y/277 Load Loss 2,103.00 Load Loss 2,020.00 Total Loss 2,478.00 Total Loss 2,415.00
Delivery: 52 Weeks TBD
19 5 300 KVA normal profile pad mount transformer(s) $32,892.00 $178,850.25 $38,956.00 $211,823.25 12470 Delta Primary voltage, with external taps, No Load loss 441.00 No Load loss 484.00 Secondary Voltage to be 208Y/120 Load Loss 2,775.00 Load Loss 2,617.00 Total Loss 3,216.00 Total Loss 3,101.00
Delivery: 52 Weeks TBD
20 2 500 KVA normal profile pad mount transformer(s) $42,304.00 $92,011.20 $52,092.00 $113,300.10 12470 Delta Primary voltage, with external taps, No Load loss 735.00 No Load loss 688.00 Secondary Voltage to be 240/120 Load Loss 3,693.00 Load Loss 3,991.00 Total Loss 4,428.00 Total Loss 4,679.00
Delivery: 52 Weeks TBD
Total award page 2 $736,399.54 $377,949.75
Howard Industries WEG
C/o Young & Company

9.a
Packet Pg. 269
Attachment: bid analysis Transformers 4-16-24 (4512 : Contract Award - Various Transformers)

Page 3 of 3 ends

TRANSFORMERS
BID DATE: April 16, 2024

ITEM UNIT AMOUNT UNIT AMOUNT
# QTY DESCRIPTION PRICE PRICE
21 3 500 KVA normal profile pad mount transformer(s) $39,265.00 $128,102.06 $45,734.00 $149,207.18 12470 Delta Primary voltage, with external taps, No Load loss 773.00 No Load loss 682.00 Secondary Voltage to be 480Y/277 Load Loss 3,588.00 Load Loss 4,039.00 Total Loss 4,361.00 Total Loss 4,721.00
Delivery: 52 weeks TBD
22 3 750 KVA normal profile pad mount transformer(s) $62,232.00 $203,031.90 $57,261.00 $186,814.01 12470 Delta Primary voltage, with external taps, No Load loss 918.00 No Load loss 798.00 Secondary Voltage to be 208Y/120 Load Loss 5,496.00 Load Loss 6,168.00 Total Loss 6,414.00 Total Loss 6,966.00
Delivery: 52 weeks TBD
23 2 750 KVA normal profile pad mount transformer(s) $48,464.00 $105,409.20 $59,934.00 $130,356.45 12470 Delta Primary voltage, with external taps, No Load loss 1,049.00 No Load loss 941.00 Secondary Voltage to be 480Y/277 Load Loss 5,022.00 Load Loss 5,488.00 Total Loss 6,071.00 Total Loss 6,429.00
Delivery: 52 weeks TBD
24 1 75 KVA normal profile pad mount transformer(s) $48,464.00 $52,704.60 $23,713.00 $25,787.89 12470 Delta Primary voltage, with external taps, No Load loss 147.00 No Load loss 181.00 Secondary Voltage to be 208Y/120 Load Loss 930.00 Load Loss 743.00 2 Total Loss Total Loss 924.00
52 weeks TBD
25 1 75 KVA normal profile pad mount transformer(s) $17,061.00 $18,553.84 $23,938.00 $26,032.58
12470 Delta Primary voltage, with external taps, No Load loss 152.00 No Load loss 176.00 Secondary Voltage to be 480Y/277 Load Loss 909.00 Load Loss 736.00 Total Loss 1,061.00 Total Loss 912.00
Delivery: 52 weeks TBD
Total award page 3 $252,065.10 $212,601.90
Howard Industries WEG
C/o Young & Company

9.a
Packet Pg. 270
Attachment: bid analysis Transformers 4-16-24 (4512 : Contract Award - Various Transformers)

TRANSFORMERS
BID DATE: April 16, 2024

ITEM UNIT AMOUNT UNIT AMOUNT
# QTY DESCRIPTION PRICE PRICE
1 3 100 KVA low profile padmount transformer $15,261.00 $56,693.48 $0.00 $0.00 12470 Delta Primary voltage, with external taps, No Load loss 184.00 No Load loss Secondary Voltage to be 120/240 Load Loss 873.00 Load Loss Total Loss 1,057.00 Total Loss
Delivery: 72 Weeks
2 3 167 KVA low profile padmount transformer $19,958.00 $76,630.61 $0.00 $0.00 12470 Delta Primary voltage, with external taps, No Load loss 367.00 No Load loss Secondary Voltage to be 120/240 Load Loss 1,307.00 Load Loss Total Loss 1,674.00 Total Loss
Delivery: 72 weeks
3 3 250 KVA low profile padmount transformer $26,240.00 $99,225.48 $0.00 $0.00 12470 Delta Primary voltage, with external taps, No Load loss 395.00 No Load loss Secondary Voltage to be 120/240 Load Loss 1,642.00 Load Loss Total Loss 2,037.00 Total Loss
Delivery: 72 weeks
4 3 25 KVA low profile padmount transformer $9,160.00 $35,444.79 $0.00 12470 Delta Primary voltage, with external taps, No Load loss 149.00 No Load loss Secondary Voltage to be 120/240 Load Loss 701.00 Load Loss Total Loss 850.00 Total Loss
Delivery: 72 weeks
5 3 75 KVA low profile padmount transformer $12,579.00 $45,196.09 $0.00 $0.00 12470 Delta Primary voltage, with external taps, No Load loss 105.00 No Load loss Secondary Voltage to be 120/240 Load Loss 540.00 Load Loss Total Loss 645.00 Total Loss
Delivery: 72 weeks
6 3 50 KVA low profile padmount transformer $10,847.00 $41,977.24 $0.00 $0.00 12470 Delta Primary voltage, with external taps, No Load loss 205.00 No Load loss Secondary Voltage to be 120/240 Load Loss 760.00 Load Loss 72 weeks 965.00 Total Loss
Delivery:
7 4 100 kVA submersible transformer $24,362.00 $114,759.90 $0.00 $0.00 12470 Delta Primary voltage, with external taps, No Load loss 205.00 No Load loss Secondary Voltage to be 120/240 Load Loss 760.00 Load Loss Total Loss 965.00 Total Loss
Delivery: 72 weeks
8 4 75 kVA submersible transformer $21,234.00 $99,660.42 $0.00 $0.00 12470 Delta Primary voltage, with external taps, No Load loss 150.00 No Load loss Secondary Voltage to be 120/240 Load Loss 681.00 Load Loss 72 weeks 831.00 Total Loss
Delivery:
9 4 37 kVA submersible transformer $16,479.00 $75,765.93 $0.00 12470 Delta Primary voltage, with external taps, No Load loss 109.00 No Load loss Secondary Voltage to be 120/240 Load Loss 319.00 Load Loss Total Loss 428.00 Total Loss
Delivery: 72 weeks
10 4 25 kVA submersible transformer $16,074.00 $82,044.90 $0.00 $0.00 12470 Delta Primary voltage, with external taps, No Load loss 216.00 No Load loss Secondary Voltage to be 120/240 Load Loss 1,215.00 Load Loss Total Loss 1,431.00 Total Loss
Delivery: 72 weeks
Total award page 1 $727,398.83 $0.00
Howard Industries WEG
C/o Young & Company NO BID on Items 1-10

9.b
Packet Pg. 271
Attachment: Transformers Load Loss 04-16-24 [Revision 1] (4512 : Contract Award - Various Transformers)

TRANSFORMERS
BID DATE: April 16, 2024

ITEM UNIT AMOUNT UNIT AMOUNT
# QTY DESCRIPTION PRICE PRICE
11 3 112.5 KVA normal profile pad mount transformer(s) $20,763.00 $76,831.54 $25,949.00 $92,893.49 12470 Delta Primary voltage, with external taps, No Load loss 216.00 No Load loss 230.00 Secondary Voltage to be 208Y/120 Load Loss 1,215.00 Load Loss 1,165.00 Total Loss 1,431.00 Total Loss 1,395.00
Delivery: 52 Weeks TBD
12 3 112.5 KVA normal profile pad mount transformer(s) $20,015.00 $74,315.11 $25,462.00 $91,016.90 12470 Delta Primary voltage, with external taps, No Load loss 227.00 No Load loss 248.00 Secondary Voltage to be 480Y/277 Load Loss 1,173.00 Load Loss 1,062.00 Total Loss 1,400.00 Total Loss 1,310.00
Delivery: 52 Weeks TBD
13 5 1500 KVA normal profile pad mount transformer(s) $88,494.00 $595,841.18 $69,508.00 $494,540.15 12470 Delta Primary voltage, with external taps, No Load loss 1,701.00 No Load loss 1,492.00 Secondary Voltage to be 480Y/277 Load Loss 9,027.00 Load Loss 10,172.00 Total Loss 10,728.00 Total Loss 11,664.00
Delivery: 52 Weeks TBD
14 3 150 KVA normal profile pad mount transformer(s) $22,623.00 $85,573.36 $28,608.00 $103,759.50 12470 Delta Primary voltage, with external taps, No Load loss 241.00 No Load loss 297.00 Secondary Voltage to be 208Y/120 Load Loss 1,668.00 Load Loss 1,436.00 Total Loss 1,909.00 Total Loss 1,733.00
Delivery: 52 Weeks TBD
15 2 150 KVA normal profile pad mount transformer(s) $22,400.00 $56,584.44 $28,380.00 $68,827.98 12470 Delta Primary voltage, with external taps, No Load loss 245.00 No Load loss 277.00 Secondary Voltage to be 240/120 Load Loss 1,664.00 Load Loss 1,528.00 Total Loss 1,909.00 Total Loss 1,805.00
Delivery: 52 Weeks TBD
16 1 150 KVA normal profile pad mount transformer(s) $21,927.00 $27,666.41 $27,064.00 $33,011.77 12470 Delta Primary voltage, with external taps, No Load loss 273.00 No Load loss 269.00 Secondary Voltage to be 480Y/277 Load Loss 1,530.00 Load Loss 1,557.00 Total Loss 1,803.00 Total Loss 1,826.00
Delivery: 52 Weeks TBD
17 5 225 KVA normal profile pad mount transformer(s) $28,893.00 $183,403.64 $33,377.00 $206,389.14 12470 Delta Primary voltage, with external taps, No Load loss 365.00 No Load loss 364.00 Secondary Voltage to be 208Y/120 Load Loss 2,133.00 Load Loss 2,167.00 Total Loss 2,498.00 Total Loss 2,531.00
Delivery: 52 Weeks TBD
18 1 225 KVA normal profile pad mount transformer(s) $26,686.00 $34,271.72 $31,569.00 $39,208.70 12470 Delta Primary voltage, with external taps, No Load loss 375.00 No Load loss 395.00 Secondary Voltage to be 480Y/277 Load Loss 2,103.00 Load Loss 2,020.00 Total Loss 2,478.00 Total Loss 2,415.00
Delivery: 52 Weeks TBD
19 5 300 KVA normal profile pad mount transformer(s) $32,892.00 $212,335.50 $38,956.00 $242,918.50 12470 Delta Primary voltage, with external taps, No Load loss 441.00 No Load loss 484.00 Secondary Voltage to be 208Y/120 Load Loss 2,775.00 Load Loss 2,617.00 Total Loss 3,216.00 Total Loss 3,101.00
Delivery: 52 Weeks TBD
20 2 500 KVA normal profile pad mount transformer(s) $42,304.00 $111,109.98 $52,092.00 $131,983.92 12470 Delta Primary voltage, with external taps, No Load loss 735.00 No Load loss 688.00 Secondary Voltage to be 240/120 Load Loss 3,693.00 Load Loss 3,991.00 Total Loss 4,428.00 Total Loss 4,679.00
Delivery: 52 Weeks TBD
Total award page 2 $862,091.69 $494,540.15
Howard Industries WEG
C/o Young & Company

9.b
Packet Pg. 272
Attachment: Transformers Load Loss 04-16-24 [Revision 1] (4512 : Contract Award - Various Transformers)

TRANSFORMERS
BID DATE: April 16, 2024

ITEM UNIT AMOUNT UNIT AMOUNT
# QTY DESCRIPTION PRICE PRICE
21 3 500 KVA normal profile pad mount transformer(s) $39,265.00 $155,517.53 $45,734.00 $177,595.37 12470 Delta Primary voltage, with external taps, No Load loss 773.00 No Load loss 682.00 Secondary Voltage to be 480Y/277 Load Loss 3,588.00 Load Loss 4,039.00 Total Loss 4,361.00 Total Loss 4,721.00
Delivery: 52 weeks TBD
22 3 750 KVA normal profile pad mount transformer(s) $62,232.00 $241,531.38 $57,261.00 $227,402.30 12470 Delta Primary voltage, with external taps, No Load loss 918.00 No Load loss 798.00 Secondary Voltage to be 208Y/120 Load Loss 5,496.00 Load Loss 6,168.00 Total Loss 6,414.00 Total Loss 6,966.00
Delivery: 52 weeks TBD
23 2 750 KVA normal profile pad mount transformer(s) $48,464.00 $130,837.44 $59,934.00 $156,238.85 12470 Delta Primary voltage, with external taps, No Load loss 1,049.00 No Load loss 941.00 Secondary Voltage to be 480Y/277 Load Loss 5,022.00 Load Loss 5,488.00 Total Loss 6,071.00 Total Loss 6,429.00
Delivery: 52 weeks TBD
24 1 75 KVA normal profile pad mount transformer(s) $48,464.00 $54,460.96 $23,713.00 $27,614.45 12470 Delta Primary voltage, with external taps, No Load loss 147.00 No Load loss 181.00 Secondary Voltage to be 208Y/120 Load Loss 930.00 Load Loss 743.00 Total Loss Total Loss 924.00
52 weeks TBD
25 1 75 KVA normal profile pad mount transformer(s) $17,061.00 $20,609.40 $23,938.00 $27,823.28
12470 Delta Primary voltage, with external taps, No Load loss 152.00 No Load loss 176.00 Secondary Voltage to be 480Y/277 Load Loss 909.00 Load Loss 736.00 Total Loss 1,061.00 Total Loss 912.00
Delivery: 52 weeks TBD
Total award page 3 $306,964.37 $255,016.75
Howard Industries WEG
C/o Young & Company

9.b
Packet Pg. 273
Attachment: Transformers Load Loss 04-16-24 [Revision 1] (4512 : Contract Award - Various Transformers)

ITEM NO. 10

STAFF REPORT

DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO ACCEPT GRANT FROM CALRECYCLE SB1383 LOCAL ASSISTANCE GRANT
PROGRAM AND AMEND FY2024 BUDGET ACCORDINGLY,
RESOLUTION NO. R-40-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approval of Resolution No. R-40-24 to authorize the acceptance of a grant award from CalRecycle; and

2. Amend the FY2024 budget increasing revenues and appropriations by $145,729.00 in the Miscellaneous Grant Fund for the grant acceptance; and

3. Authorize the City Manager to execute all grant documents and agreements.

BACKGROUND

Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short -lived climate pollutants (SLCP). The targets are to reduce organic waste disposal 50 percent by 2020 and 75 percent by 2025 , and for people to eat at least 20 percent of currently disposed surplus food by 2025.

The Department of Resources Recycling and Recovery (CalRecycle) notified the City of Colton that funds to the origina l one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB170 Budget 10 Packet Pg. 274
Staff Report to the Mayor and City Council
Grant - CalRecycle
May 7, 2024

Page 2 ends

Act of 2021 has received additional funding . This non -competitive grant program provides additional funding to the already awarded $77,411 with an additional $145,729.

The first round of funding developed the residential organics campaign to educate residents on Colton’s new organics recycling program. A domain name was purchased coltonorganicsrecycling.com and a website redesign was developed to help navigate marketing materials for this campaign. Along with a website update a video was de veloped in English and Spanish for residents to learn all about organics recycling and best practices. The remaining funds will provide the following communications plan to reach as many Colton residents as possible: Colton bus marketing, bus shelter ads, direct mailing, bill sniping , bill inserts, newspaper ads and channel 3.

ISSUES/ANALYSIS

The City of Colton applied for funding to assist with education and outreach campaigns for residential organic recycling and food rec overy to meet SB1383 requirements . All materials were developed to educate our community on food waste recovery will be translated in English and Spanish , and provided to residents by bus marketing, bus shelter ads, direct mailing, bill sniping, bill inserts, newspaper ads and channel 3.

FISCAL IMPACTS

It is necessary to amend the Fiscal Year 2024 Budget to increase appropriations by $145,729.00 in Miscellaneous Grant Fund Refuse Activity Expenditure Account 225-6020-1325-2306-0000- 000 and increase revenue in account number 225-5889-000 by $145,729.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. 5-7-2024_ResolutionR-40-24_GrantAwardCalRecycleOrganics 10 Packet Pg. 275

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RESOLUTION NO. R-40-24

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA

AUTHORIZING THE ACCEPTANCE OF GRANT AWARD FROM CALRECYCLE AND AMENDING THE FISCAL YEAR 202 3-24 BUDGET INCREASING REVENUES AND APPROPRIATIONS BY $147,729.00 AND AUTHORIZING THE

CITY MANAGER TO EXECUTE ALL GRANT DOCUMENTS

WHEREAS, In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce em issions of short -lived climate pollutants (SLCP). The targets must reduce organic waste disposal by 50 percent by 2020 and 75 percent by 2025 and people to eat at least 20 percent of currently disposed surplus food by 2025; and,

WHEREAS, The Department of Resources Recycling and Recovery (CalRecycle) notified the City of Colton that funds to the original one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB1 70 Budget Act of 2021 has received additional funding. This non -competitive grant program provides additional funding of $145,729 to the previously awarded $77,411; and,

WHEREAS, The first round of funding developed the residential organics campaign to educate residents on Colton’s new organics recycling program. A domain name , coltonorganicsrecycling.com, was purchased and a website redesign was developed to help navigate marketing materials for this campaign. Along with a website update a video was developed in English and Spanish for residents to learn all about organics recycling and best practices. The remaining funds will provide the following communications plan to reach as many Colton residents as possible: Colton bus marketing, bus shelter ads, direct mailing, bill sniping, bill inserts, newspaper ads and Channel 3; and

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:

Section 1 Amend the Fiscal Year 2023-24 Budget to:

 Increase appropriations by $145,729.00 in Grants Refuse Activity Expenditure Account 225-6020-1325-2306-0000-000.
 Increase revenues in account number 225-5889-000 by $145,729.00.

Section 2 The City of Colton City Manager or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

PASSED, APPROVED AND ADOPTED THIS 7th DAY OF MAY 2024.

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Attachment: 5-7-2024_ResolutionR-40-24_GrantAwardCalRecycleOrganics (4496 : Grant - CalRecycle)

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__________________________
FRANK J. NAVARRO
Mayor

ATTEST:

__________________________________

STEPHANIE VARGAS
Deputy City Clerk

10.a
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Attachment: 5-7-2024_ResolutionR-40-24_GrantAwardCalRecycleOrganics (4496 : Grant - CalRecycle)

ITEM NO. 11

STAFF REPORT

DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE FY2020 HOMELAND

SECURITY GRANT AWARD (HSGP), ITS ACCOMPANYING
INTERLOCAL AGREEMENT, AND PURCHASE OF (24) MASS
CASUALTY MEDICAL CARE KITS, RESOLUTION NO. R-39-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve and adopt Resolution No. R -39-24, amending the FY2023 -24 budget to accept the FY2020 Homeland Security Grant Award (HSGP) for $21,354, its accompanying Subrecipient Assurances, and authorizing the City Manager to execute any necessary documents.

BACKGROUND

The State Homeland Security Grant Program (HSGP) is designed to secure and provide the nation with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from threats, hazards, act s of terrorism, and other catastrophic events that pose a great risk to the United States. The HSGP is one tool among a comprehensive set of federal measures administered by Cal OES to help strengthen the state against risk associated with potential terrorist attacks.

The purpose of the fiscal year 2020 HSGP is to support comprehensive HSGP’s at the local level and to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. CAL OES has accepted, approved , and awarded this grant and will continue providing support to the San Bernardino County Operational Area’s efforts to implement the objectives and strategies of the HSGP and as well as respond to other catastrophic events.
11 Packet Pg. 278
Staff Report to the Mayor and City Council
Grant - Homeland Security Grant Program FY2020
May 7, 2024

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The HSGP is the primary provi der of federal funds from the United States Department of Homeland Security (DHS) to state and local jurisdictions. The formula for the distribution of funds is based on each city’s population, and direct allocations to state and local governments.

The City of Colton’s allocation has been determined to be $21,354. These grant funds must be expended for:

1. Information Analysis and Sharing, Collaboration Capabilities, and Law Enforcement Investigations

2. Protect Critical Infrastructure and Key Resources

3. Enhance Cyber Security

4. Strength and Communications Capabilities

5. Enhance Medical and Public Health Preparedness

6. Countering Homegrown Violent Extremism

7. Enhance Community Resilience

8. Strengthen Food and Agriculture Security

9. Enhance Catastrophic Incident Planning, Response and Recovery Capabilities

10. Homeland Security Exercise, Evaluation and Training Programs

ISSUES/ANALYSIS

In 2015, Colton Police Officers were some of the first to arrive at the San Bernardino Inland Regional Center (IRC) terrorist at tack. Officers conducted numerous rescue operations, transporting victims from the scene to areas designated for medical care. All victims had suffered gunshot wounds resulting from being shot by a high-powered rifle.

Our department learned firsthand t he need for readily accessible medical supplies to facilitate Tactical Medical Rescues at a mass casualty incident. It was very clear that our officers were at a disadvantage and lacked the number of supplies needed to render aid to the number of victims they encountered.

In the years since the IRC terrorist attack, the United States has seen a significant rise in active shooter occurrence; most notably on school campuses. Among the several Colton Joint Unified School District campuses, 12 are located within the jurisdiction of the City of Colton. In the event of an active shooter on any one of the 12 campuses, Colton Police officers may find themselves under equipped and at the same disadvantage as was the case at the IRC incident.

In addition to sch ool shooting events, attacks targeting our critical infrastructure are a concern that should not be ignored. The City of Colton has a population of approximately 55,000 people and covers a total of 24 square miles. The City of Colton is a location where two major Railroad lines cross. Burlington Northern Santa Fe (BNSF) and Union Pacific (UP) rail lines intersect in the middle of the city where it runs along the Interstate 10 freeway. The City of Colton has long been considered the crossroads for the maj or west coast railroads for well over a hundred years.

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carrying consumer imports passing through the Ports of Los Angeles and Long Beach. Colton is the site of the “Colton Crossing”, which is one of the busiest at -grade railroad crossings in the United States. This became the point at which Burlington Northern Santa Fe's "Southern Transcontinental Route" crossed the Union Pacific's "Sunset Route ." On August 28, 2013, the at-grade crossing was officially replaced by a fly -over that raises the east –west UP tracks over the north–south BNSF tracks.

This section of railroad is of such importance that the Department of Homeland Security has deemed it a “critica l infrastructure.” This makes this area a high priority target for foreign and domestic terrorists, which if successfully cared out, could result in a mass casualty event.

Another notable area of critical infrastructure, within the City of Colton is the Arrowhead Regional Medical Center (ARMC). ARMC is one of two verified level 1 trauma centers in San Bernardino County, with Loma Linda University being the second. This makes ARMC, along with Loma Linda University, which is only approximately 2 miles fr om the City of Colton’s eastern border, additional high priority targets for foreign and domestic terrorists. Although these medical centers are equipped to handle a variety of medical incidents, a targeted attack could damage vital areas, diminishing the ir capabilities, and making it that much more imperative that responding law enforcement personnel are equipped with the ability to provide mass casualty care.

To enhance our catastrophic incident/mass casualty planning, the department is requesting th e $21,354 be allocated for the City of Colton to be used towards the purchase of twenty-four (24) Mass Casualty Care Medical Kits.

Staff has obtained three quotes for the Mass Casualty Car Kits and recommends using Tacmed Solutions, LLC. Tacmed Solution s came in the lowest bid for (12) Warm Zone Ark Kit with Throw Kits, (6) Warm Zone ARK SRO Version Kits, and (6) ARK Evacuation Kit, with Foxtrot DA Litter at $22,370.43 and currently has all product in stock. Having the product in stock is imperative wit h the need to take possession of the product as soon as possible to meet the deadline for this grant.

Staff realizes this grant is four years old; however, the funding and use of the HSGP grants for the past several years have been delayed by past preside ntial administrations’ requirements and the COVID-19 pandemic.

To receive these funds, the City will enter into an agreement with the County of San Bernardino to administrate the distribution of the allocations upon their receipt. The City’s alloc ation from this funding is $21,354. These funds must be utilized for law enforcement purposes only.

FISCAL IMPACTS

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The budget for the City of Colton for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 was approved and adopted. Currentl y, sufficient appropriations are available in the Safety Equipment account #100 -6070-6071-1180-0000-000 for the $1,016.43 balance of the medical kits that exceeds the grant award.

Approval of Resolution R-39-24 will:

1. Amend FY 2023-24 Budget to increase revenues in Misc. Grant Fund Revenue Account #225-5890-012 by $21,354.

2. Amend the FY 2023-24 Budget to increase appropriations in the Misc. Grant Expenditure Account #225-6070-7018-1180-0000-000 in the amount of $21,354.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Resolution R-39-24 HSGP FY20

2. FY20 HSGP Subrecipient Assurances

3. FY20 HSGP Authorization to Spend Letter - Signed

4. 3 Quotes

5. W9 TacMed Solutions 2024

6. TACMED Solutions, LLC SAM.GOV
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RESOLUTION NO. R-39-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON ACCEPTING A GRANT IN THE AMOUNT OF $ 21,354 FROM THE
HOMELAND SECURITY GRANT PROGRAM (HSGP) FY2020 AWARD,
AND AMEND THE FISCAL BUDGET 2023-2024

WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 was approved and adopted; and

WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and

WHEREAS, On February 2, 2022 the state Homeland Security Grant Program FY2020 Awarded a grant to the Colton Police Department in the amount of $21,354. $4,148.63.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:

Section 1. Approval of Resolution R-39-24 will amend the FY2023-24 budget to accept and

expend the grant as follows:

1. Increase revenues in Misc. Grant Fund Revenue Account #225-5890-012 by $21,354.

2. Increase appropriations in the Misc. Grant Expenditure Account #225-6070-7018-1180- 0000-000 in the amount of $21,354.

Section 2. The resolution is hereby approved, adopted and incorporated herein.

PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF MAY 2024.

FRANK J. NAVARRO
Mayor
ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

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County of San Bernardino
FY2020 Homeland Security Grant Program
CFDA 97.067

Subrecipient Assurances
Grant No. 2020-0095

Name of Applicant: City of Colton (hereafter “Applicant” or “Subrecipient”) Address: 650 N. La Cadena Drive
City: Colton State: CA Zip Code: 92324
Telephone Number: 909-370-5010 Fax Number: 909-370-5169 E-Mail Address: [email protected]
***The Applicant becomes the Subrecipient after obtaining award authorization and approval of these assurances by both Applicant and the County of San Bernardino (hereafter “County”)*** As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and fin ancial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines.

Applicant further acknowledges that it is responsible for reviewing and adhering to all requirements within the:
a) Applicable Federal Regulations (see below);
b) Federal Program Notice of Funding Opportunity (NOFO); c) Federal Preparedness Grants Manual;
d) California Supplement to the NOFO; and
e) Federal and State Grant Program Guidelines
f) Subrecipient Application Workbook
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
a) To provide all matching funds required (if applicable) for the grant project and that any cash match will be appropriated as required;
b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body; and
d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay

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the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
e) The official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Application certifies that:
a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. §200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it and its principals, recipients, or subrecipients:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

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c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-discrimination, including:
a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L. 88-352 and 42 U.S.C. §2000d et. Seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on basis of sex in any federally funded educational program or activity; c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794), which prohibits discrimination against those disabilities or access and functional needs;
d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§12101-12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
e) Age Discrimination Act of 1975, (42 U.S.C §§6101-6107), which prohibits discrimination on the basis of age;
f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2); relating to confidentiality of patient records regarding substance abuse treatment;
g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground - floor units in buildings without elevators)—be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin;
i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R Part 19; l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§ 12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identit y, gender

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expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
n) The requirements of any other nondiscrimination statute(s) which may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; b) CEQA Guidelines (California Code of Regulation, Title 14, Division 6, Chapter 3, §§ 15000-15387); c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); The Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; g) Executive Order 11514 which sets forth the national environmental standards; h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
j) The Endangered Species Act of 1973, (P.L. 93-205);
k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and m) Wild and Scenic Rivers Act of 1968 (16 U.S.C § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits

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For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the awa rd.

The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment – The Applicant will comply with 31 U.S.C. §§ 3729-3733 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement, or advance.

12. Reporting and Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Ex ecutive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirement of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect: (2) procuring a commercial sex act during the period of time that the award is in effect: or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:

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a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C §469a-1 et seq.); and
d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
a) Not dispose of, modify the use of, or change the terms of the real property title of other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving a motor vehicle while using an electronic wireless communication device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when repor ting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) – PROGRAM SPECIFIC

ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS

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All subrecipients must acknowledge their use of federal funding when issuing statements, press releases, request for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All subrecipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All subrecipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Subrecipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All subrecipients must affix the applicable copyright notices of 17 U.S.C §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including award number) to any work first produced under federal financial assistance awards.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statues, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude subrecipients from shifting costs that are allowable under two or more awards in accordance with existing federal statues, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All subrecipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All subrecipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefits overpayments.

See OMB Circular A-129.

28. Fly America Act of 1974
All subrecipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to the Comptroller General Decision B -138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
All subrecipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.

31. Patents and Intellectual Property Rights

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Unless otherwise provided by law, subrecipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All subrecipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14

32. SAFECOM
All subrecipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
All subrecipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism.

Subrecipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity Performance If the total value of the subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the subrecipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act 2001
All subrecipients must comply with requirements of the Uniting and Strengthening A merica by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.

36. Use of DHS Seal, Logo and Flags
All subrecipients must obtain permission, from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

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Attachment: FY20 HSGP Subrecipient Assurances (4501 : Grant - Homeland Security Grant Program FY2020) FY2020 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 9/14/21
Page | 9
Initials

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both, and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the subrecipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of language contained within this document must be included in the award documents for all subawards at all tiers. All subrecipients are bound by the Department of Homeland Security Standard Terms and Conditions 2020, Version 10.1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The Undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the said Applicant.

Applicant: City of Colton

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

The Undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the County. The undersigned is the appropriate contact for all notices and documents to be provided under this agreement.

County of San Bernardino

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

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Attachment: FY20 HSGP Subrecipient Assurances (4501 : Grant - Homeland Security Grant Program FY2020)

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Attachment: FY20 HSGP Authorization to Spend Letter - Signed (4501 : Grant - Homeland Security Grant Program FY2020)

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Attachment: FY20 HSGP Authorization to Spend Letter - Signed (4501 : Grant - Homeland Security Grant Program FY2020)

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Attachment: 3 Quotes (4501 : Grant - Homeland Security Grant Program FY2020)

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Attachment: 3 Quotes (4501 : Grant - Homeland Security Grant Program FY2020)

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Attachment: 3 Quotes (4501 : Grant - Homeland Security Grant Program FY2020)

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Attachment: 3 Quotes (4501 : Grant - Homeland Security Grant Program FY2020) Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
a Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the
requester. Do not
send to the IRS.

Print or type.

See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) a
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):

Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number
––
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign
Here
Signature of
U.S. person a Date a
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)
,y q g
GTM Intermediate Holdings Inc.

Tacmed Solutions, LLC
✔
1250 Harris Bridge Road
Anderson, SC 29621
83 2591165
01/01/2024

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By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the instructions for Part II for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding.

See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships, earlier.

What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

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Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.
b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9.

This is the case even if the foreign person has a U.S. TIN.

Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3
Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.

IF the entity/person on line 1 is
a(n) . . .

THEN check the box for . . .
• Corporation Corporation
• Individual
• Sole proprietorship, or
• Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.

Individual/sole proprietor or single-
member LLC
• LLC treated as a partnership for
U.S. federal tax purposes,
• LLC that has filed Form 8832 or
2553 to be taxed as a corporation,
or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.

Limited liability company and enter
the appropriate tax classification.
(P= Partnership; C= C corporation;
or S= S corporation)
• Partnership Partnership
• Trust/estate Trust/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.

Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession
7—A futures commission merchant registered with the Commodity Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a) 11—A financial institution
12—A middleman known in the investment community as a nominee or custodian
13—A trust exempt from tax under section 664 or described in section 4947

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The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt
for . . .

Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.

S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.

Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over
$5,000
1 Generally, exempt payees
1 through 5
2 Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5
Enter your address (number, street, and apartment or suite number).

This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.

Line 6
Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately.

To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213.

Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.

You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee
code, earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.

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1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.

You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester
For this type of account: Give name and SSN of:

1. Individual The individual

2. Two or more individuals (joint
account) other than an account
maintained by an FFI
The actual owner of the account or, if
combined funds, the first individual on
the account
1 3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account

4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor
2 5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
The grantor-trustee
1 The actual owner1

6. Sole proprietorship or disregarded
entity owned by an individual
The owner3

7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:

8. Disregarded entity not owned by an
individual
The owner

9. A valid trust, estate, or pension trust Legal entity4

10. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation

11. Association, club, religious,
charitable, educational, or other tax-
exempt organization
The organization

12. Partnership or multi-member LLC The partnership

13. A broker or registered nominee The broker or nominee For this type of account: Give name and EIN of:

14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity

15. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)(B))
The trust
1 List first and circle the name of the person whose number you furnish.

If only one person on a joint account has an SSN, that person’s number must be furnished.
2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.

Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Pub. 5027, Identity Theft Information for Taxpayers.

Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes.

Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

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Attachment: W9 TacMed Solutions 2024 (4501 : Grant - Homeland Security Grant Program FY2020) Form W-9 (Rev. 10-2018) Page 6
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).

If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.

Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.

Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.

Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer.

Certain penalties may also apply for providing false or fraudulent information.

11.e
Packet Pg. 303
Attachment: W9 TacMed Solutions 2024 (4501 : Grant - Homeland Security Grant Program FY2020)

TACMED SOLUTIONS, LLC
Unique Entity ID
WDK1HVNUA8J4

CAGE / NCAGE
3P1B8
Purpose of Registration
All Awards
Registration Status
Active Registration
Expiration Date
Feb 13, 2025
Physical Address
1250 Harris Bridge Road
Anderson, South Carolina 29621-3409
United States
Mailing Address
1250 Harris Bridge RD
Anderson, South Carolina 29621-3409
United States
Business Information
Doing Business as
(blank)
Division Name
(blank)
Division Number
(blank)
Congressional District
South Carolina 03
State / Country of Incorporation
South Carolina / United States
URL
http://www.tacmedsolutions.com
Registration Dates
Activation Date
Feb 16, 2024
Submission Date
Feb 14, 2024
Initial Registration Date
Jan 16, 2004
Entity Dates
Entity Start Date
Feb 26, 2003
Fiscal Year End Close Date
Dec 31
Immediate Owner
CAGE
8EKG8
Legal Business Name
GTM INTERMEDIATE HOLDINGS INC.

Highest Level Owner
CAGE
8B8Y6
Legal Business Name

GTM ULTIMATE HOLDINGS, LLC
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.

Proceedings Questions
Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions.

Exclusion Summary
Active Exclusions Records?
No
SAM Search Authorization
I authorize my entity's non-sensitive information to be displayed in SAM public search results:

Yes
Entity Types
Business Types
Entity Structure
Corporate Entity (Not Tax Exempt)
Entity Type
Business or Organization
Organization Factors
Limited Liability Company
Profit Structure
For Profit Organization
Last updated by STEVEN BOYD on Feb 14, 2024 at 02:46 PM TACMED SOLUTIONS, LLC Mar 25, 2024 09:59:20 PM GMT
https://sam.gov/entity/WDK1HVNUA8J4/coreData?status=null Page 1 of 3

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Packet Pg. 304
Attachment: TACMED Solutions, LLC SAM.GOV (4501 : Grant - Homeland Security Grant Program FY2020) Socio-Economic Types
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.

Financial Information
Accepts Credit Card Payments
Yes
Debt Subject To Offset
No
EFT Indicator
0000
CAGE Code
3P1B8
Points of Contact
Electronic Business
Kristie Herron
1250 Harris Bridge RD
Anderson, South Carolina 29621
United States
Phil Isaacson 1250 Harris Bridge Road
Anderson, South Carolina 29621
United States
Government Business
Kristie Herron
1250 Harris Bridge RD
Anderson, South Carolina 29621
United States
Phil Isaacson 1250 Harris Bridge Road
Anderson, South Carolina 29621
United States
Past Performance
Phil Isaacson
1250 Harris Bridge Road
Anderson, South Carolina 29621
United States
Service Classifications
NAICS Codes
Primary
Yes
NAICS Codes
423450
NAICS Title
Medical, Dental, And Hospital Equipment And Supplies Merchant Wholesalers
315990 Apparel Accessories And Other Apparel Manufacturing 326199 All Other Plastics Product Manufacturing
332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 339112 Surgical And Medical Instrument Manufacturing
339113 Surgical Appliance And Supplies Manufacturing
339999 All Other Miscellaneous Manufacturing
424210 Drugs And Druggists' Sundries Merchant Wholesalers 541611 Administrative Management And General Management Consulting Services
541715 Research And Development In The Physical, Engineering, And Life Sciences (Except Nanotechnology And Biotechnology)
541990 All Other Professional, Scientific, And Technical Services 611430 Professional And Management Development Training 611699 All Other Miscellaneous Schools And Instruction
Last updated by STEVEN BOYD on Feb 14, 2024 at 02:46 PM TACMED SOLUTIONS, LLC Mar 25, 2024 09:59:20 PM GMT
https://sam.gov/entity/WDK1HVNUA8J4/coreData?status=null Page 2 of 3

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Attachment: TACMED Solutions, LLC SAM.GOV (4501 : Grant - Homeland Security Grant Program FY2020) Product and Service Codes
PSC PSC Name
6510 Surgical Dressing Materials
6515 Medical And Surgical Instruments, Equipment, And Supplies 6530 Hospital Furniture, Equipment, Utensils, And Supplies 6545 Replenishable Field Medical Sets, Kits, And Outfits Disaster Response
Yes, this entity appears in the disaster response registry.

Bonding Levels Dollars
(blank) (blank)
States
Any
Counties
(blank)
Metropolitan Statistical Areas
(blank)
Last updated by STEVEN BOYD on Feb 14, 2024 at 02:46 PM TACMED SOLUTIONS, LLC Mar 25, 2024 09:59:20 PM GMT
https://sam.gov/entity/WDK1HVNUA8J4/coreData?status=null Page 3 of 3

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Attachment: TACMED Solutions, LLC SAM.GOV (4501 : Grant - Homeland Security Grant Program FY2020)

ITEM NO. 12

STAFF REPORT

DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE THE EXECUTION AND RECORDATION OF THE
NOTICE OF COMPLETION FOR THE CDBG COLT-21-1-03K/0242

ALLEY PAVING AND SIDEWALK IMPROVEMENT FOR VARIOUS
LOCATIONS PROJECT WITH DM CONTRACTING, INC.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the execution and recordation of the Notice of Completion (NOC) for the CDBG COLT-21-1-03K/0242 Alley Paving and Sidewalk Improvement for Various Locations Project with DM Contracting, Inc.

BACKGROUND

As part of the City’s streets maintenance efforts, the list of alleys under CDBG -COLTO-21-1- 03K/0242, the Alley Paving and Sidewalk Improvement for Various Locations Project, was determined to be higher priority for repair and replacement. Paving of these alleys provide better accessibility for services the City provides to its residents including trash pick-up and emergency services when needed. The list of alleys and street improvements under this project is listed below:

1. Alley from Acacia Street to Hanna Street, between North Pennsylvania Avenue and North 6th Street.

2. H Street between North Mount Vernon Avenue and Sperry Drive.

3. Alley from Fairview Avenue to Larch Avenue, between Palm Drive and Colton Avenue.

4. Alley from 10th Street to 11th Street, between East “N” Avenue and East “O” Street.

5. South Flores Street from East Congress Street to South Terminus.

12 Packet Pg. 307
Staff Report to the Mayor and City Council
Notice of Completion - Alley Paving & Sidewalk Project
May 7, 2024

Page 2 ends

Colton City CouncilMay 7, 2024

Colton City Council
May 7, 2024