Agenda packet — Colton City Council, May 21, 2024 (part 1 of 3)

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 21, 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 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 Conrad Valdez - Echoes of Love Ministry FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Proclamation - Colton Student Leadership Day - Youth Leadership Recognition  Proclamation - Veronica Castro Gonzales, Retired CJUSD Employee  Recognition - "Citizens Academy" Graduates (Police)

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

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS

To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. (1) Zoning Text Amendment - Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station - TIME

AND PLACE FIXED TO CONSIDER A PUBLIC HEARING ITEM TO WAIVE FULL READING, READ BY TITLE ONLY

AND PASS FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON CALIFORNIA AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE COLTON MUNICIPAL CODE TO PERMIT AND REGULATE

ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN VEHICLE CHARGING STATIONS PURS UANT TO CALIFORNIA GOVERNMENT CODE SECTION 65850.7, ORDINANCE NO. O-05-24. [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 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.
(2) AB 481 Report - Approve Annual Update to City Council on Military Equipment Pursuant to California AB481.
[Staff Person: Tim Heusterberg]
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.

(3) Minutes - Approval of Minutes for the City Council Budget Workshop Meetings Held on April 29, 2024 and May 06, 2024, and for the City Council Regular Meeting Held on May 7, 2024, on File in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(4) Warrants - Approve voucher numbers 211938 to 212053 dated 04/18/2024 and totaling $425,807.57; voucher numbers 212054 to 212195 dated 04/25/2024 and totaling $970,939.30; voucher numbers 212196 to 212272 dated 04/30/2024 and totaling $84,046.65; and a payroll disbursement listing dated 03/30/2024 to 04/12/2024 totaling $1,135,783.95.
[Staff Person: Stacey Dabbs]
(5) Agreement - Blais & Associates - Approve Agreement with Blais & Associates to Provide Grant Writing Services for San Bernardino County, Department of Community Development and Housing (CDH), Housing Development Fund.
[Staff Person: Tom Welch]
(6) Change Order - Mike's Custom Flooring - Approve Contract Change Order No. 1 for the Flooring Replacement at Various Locations Project with Mike’s Custom Flooring, Inc. [Staff Person: Brian Dickinson]

5 (7) Contract Amendment - Rincon Environmental Services / AMKO Recycling - Approve First Amendment of a Professional Services Agreement for Environmental Services with Rincon Consultants and Reimbursement Agreement with Applicant for AMKO Recycling Zoning Ordinance Text Amendment, General Plan Amendment/Change of Zone, Conditional Use Permit and Architectural and Site Plan Review, and Major Certificates of Appropriateness Application.
[Staff Person: Heidi Duron]
(8) Contract Award - HR Green Pacific, Inc. - Approve the Award of Contract to HR Green Pacific, Inc. for the Preparation of Plans, Specifications and Estimate for the Active Transportation Program (ATP) Cycle 4 - West Colton Bike Lane Project.
[Staff Person: Brian Dickinson]
(9) FY2024-25 Budget Adoption - Approve and Adopt the Fiscal Year 2024-25 Budget and the Annual GANN Limit for FY2024-25, RESOLUTION NO. R-45-24, R-46-24, CHA-02-24, CUA-02-24. [Staff Person: Stacey Dabbs]
(10) Mandated Inspections Report - State Fire Marshal - Approve and Adopt a Resolution Accepting the 2024 California State Fire Marshal Mandated Inspections Report, RESOLUTION NO. R-42-24. [Staff Person: Tim McHargue]
(11) Purchase: Fairview Ford - Approve Purchase of Three (3) F-250 Vehicles from Fairview Ford. [Staff Person: Charles Berry]
(12) Purchase - Sherman + Rielly Inc. - Approve Purchase of Wire Dolly from Sherman + Reilly Inc. [Staff Person: Charles Berry]

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

CITY MANAGER'S REPORTS

ADJOURNMENT

6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(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 Rule s of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will 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 Cou ncil as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

NOTICE TO PUBLIC

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

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

7 request that specific items be discussed and/or removed for separate discussions or action.

In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the me eting 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 iss ues 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 21, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST

READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF COLTON CALIFORNIA AMENDING VARIOUS SECTIONS
OF TITLE 18 OF THE COLTON MUNICIPAL CODE TO PERMIT

AND REGULATE ELECTRIC VEHICLE CHARGING STATIONS

AND HYDROGEN VEHICLE CHARGING STATIONS PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 65850.7,
ORDINANCE NO. O-5-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Waive Full Reading, Read by Title Only and pass First Reading of an Ordinance Amending Various Sections of Title 18 of the Colton Municipal Code to Permit and Regulate Electric Vehicle Charging Stations and Hydrogen Vehicle Charging Stations Pursuant to California Government Code Section 65850.

BACKGROUND

Nextera Energy, representing Greenlane, a Zero -Emissions Publ ic Electric Charging and Hydrogen Fueling company, is proposing to establish an electric charging facility for light, medium, and heavy -duty vehicles in the City of Colton in the I -P (Industrial Park) Zone. The current Municipal Code does not permit truck servicing, including fueling in the I-P Zone.

On September 16, 2022, Senate Bill 1291 was approved by the Governor and became effective January 1, 2023. SB 1291 requires cities to allow electric and hydrogen fueling stations as a

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Staff Report to the Mayor and City Council
Zoning Text Amendment - Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station
May 21, 2024

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permitted use and revi ewed and approved through the issuance of a building permit or similar nondiscretionary permit on parcels within the City of Colton.

This item was presented at the Planning Commission at the April 23, 2024 meeting. The draft Ordinance has been reviewed b y the City Attorney and revisions have been made to the ordinance to be consistent with Senate Bill 1291.

Special Provisions. Presently, electric vehicle charging & hydrogen vehicle fueling facilities, with a mixture of vehicle types, as the primary use for heavy duty vehicles are permitted in the M-1 and M -2 Zones. These projects are reviewed administratively by staff under existing Development Standards for each zone. The applicant is proposing to add an electric vehicle charging facilities which would allow light, medium and heavy -duty vehicles within the I -P Zone. To comply with SB 1291, electric vehicle charging stations and hydrogen vehicle charging stations shall be permitted by right in all commercial and industrial zones. Because future Clean Fu el Facilities may also include a mixture of vehicle types, staff recommends including Special Provisions for such uses to address different areas of concern voiced by the Planning Commission during a previous Clean Fuel Facility proposal.

There are Spec ial Provisions for current service stations conditionally permitted in Colton’s commercial zones. The Special Provisions allow for reduced landscape setbacks along the street, placement of underground fueling infrastructure, and station fueling islands of a variety of combustible fuels including some clean fuel options (electric and biodiesel). Attachment 1 includes a copy of the service station standards.

Planning Survey Regarding Clean Fuel Facilities: Staff emailed a survey to 17 cities in the region to gain information about other city codes or implementing SB 1291 and/or how they address Clean Fuel Facilities requests or if their zoning code addresses this use. Staff was able to gain information from the following five jurisdictions:

1. Loma Linda 4. Ontario

2. Moreno Valley 5. Riverside

3. San Diego

The initial results of the survey emailed to each City were insufficient. Therefore, Staff followed-up by making phone calls to several cities to get direct feedback from professional planners in local jurisdictions.

The results of the phone calls showed that no new ordinances or policies related to SB 1291 were being developed or prepared by five local jurisdictions who responded. The City of San Diego did receive a request for a proposed hydrogen fueling station and responded to the applicant with a formal letter acknowledging SB1291 in that the proposed project would be reviewed for compliance with applicable requirements of SB 1291 and if all requirements were met, the project would not require a pproval of a separate discretionary permit. The City of Ontario also

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Staff Report to the Mayor and City Council
Zoning Text Amendment - Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station
May 21, 2024

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indicated that, while their zoning code does not specifically address “Clean Fuel Facilities”, they would permit this use and existing fueling facilities without requiring a Conditional Use Permit (CUP). The City of Loma Linda also indicated that they would allow EV charging stations as an administrative review and approval process. No other information was obtained from the jurisdictions that answered our telephone call follow-up.

At a public hearing held on February 23, 2024, the Planning Commission of the City of Colton, by a 5 -0-0 vote approved Resolution No. R -06-24 (Case Index Nos. DAP23 -0024) recommending to the City Council approval of an amendment of various Sections of Title 1 8 of the Colton Municipal Code to Permit and Regulate Electric Vehicle Charging Stations and Hydrogen Vehicle Charging Stations Pursuant to California Government Code Section 65850.7 with minor modifications to include:

 Updating the use table to include “ small EV charging stations” as permitted in all R zones, as well as C and I zones and updating the following definitions:

 A “small electric vehicle charging station” means a station that is designed and operated as a use ancillary to the primary permitte d use on the site (such as a single family residence, condominium, apartment, office building, commercial retail, parking lot, garage or structure) in order to deliver electricity to personal or commercial passenger vehicles and trucks owned or operated by individuals who either reside or work on the site or are guests on the site where the charging station is located.

Attachment 1 includes the Final Planning Commission Minutes and Attachment 2 Signed Planning Commission Resolution No. R-06-24.

ISSUES/ANALYSIS

The three main areas of the Zoning Code proposed to be changed for the proposed Code Amendment included in Draft City Council Ordinance O -5-24 in Attachment 3 of this staff report:

1. Chapter 18.04 (Definitions)

2. Chapter 18.06 (Permitted Uses)

3. Chapter 18.48 (Special Provisions)

Chapter 18.04 – Definitions is proposed to be amended to add the following definitions:

18.04.195 – Electric Vehicle Charging Station.

“Electric Vehicle Charging Station” or "Charging Station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the

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Staff Report to the Mayor and City Council
Zoning Text Amendment - Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station
May 21, 2024

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California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

A “small electric vehicle charging station” means a station that is designed and operated as a use ancillary to the primary permitted use on the site (such as a single family residence, condominium, apartment, office building, commercial retail, park ing lot, garage or structure) in order to deliver electricity to personal or commercial passenger vehicles and trucks owned or operated by individuals who either reside or work on the site or are guests on the site where the charging station is located.

A “large electric vehicle charging station” means a station that is designed to charge personal passenger vehicles and trucks and/or commercial passenger vehicles and trucks and which is open to the public, whether with or without the payment of fees, subsc riptions or other monetary charges for the service. A “large electric vehicle charging station” includes the electrical and mechanical equipment as defined in Article 625 of the California Electrical Code, and any subsequent amendments, that is necessary to deliver electricity from a source outside an electric vehicle into a plug -in electric vehicle. It does not include ancillary equipment and facilities that are not directly necessary for the charging of plug -in electric vehicles, including but not limi ted to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.

18.04.255 – Hydrogen Vehicle Fueling Station.

“Hydrogen Vehicle Fueling Station” or "Hydrogen station" means the equipment used to deliver, store and dispense hydrogen fuel to passenger or commercial vehicles according to industry codes and standards that is open to the public, whether with or without the payment of fees, subscriptions or other monetary charges for the service. A “hydrogen vehicle fueling station” includes the physical and mechanical equipment, as defined in industry codes and standards, that is necessary to deliver, store and dispense hydrogen to passe nger or commercial vehicles. It does not include ancillary equipment and facilities that are not directly necessary for the delivery, storage and dispensing of hydrogen to hydrogen fuel-cell vehicles, including but not limited to, canopies (with or witho ut solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.” The proposed code amendment is in red, underlined and in bold below:

Chapter 18.06.060 Uses Permitted in each Zone is proposed to be amended to add to allow Electric Vehicle Charging Stations and Hydrogen Vehicle Fueling Stations:

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Staff Report to the Mayor and City Council
Zoning Text Amendment - Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station
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E. Residential Districts Table V-L R1 R2 R3/R4
Electric Vehicle Charging Station – Small, See Chapter

18.48 of this Title

P P P P
Family Day Care Home—Small P P P P
Family Day Care Home—Large MC MC MC C
Home Occupation pursuant to Chapter 18.48 of this Title. P P P P Manufactured Home, pursuant to Chapter 18.48 of this Title. P P N N Mobilehome Park, pursuant to Chapter 18.48 of this Title. N N C C Office Ancillary to Multi-Family/Model Home P P P P Plant Nursery (grown in containers only)), excluding marijuana P P P P Plant Nursery, marijuana N N N N
Religious Assembly C C C C
Residential or Group Care Facility—Small (serving six or fewer persons)

P P P P
Residential or Group Care Facility—Large (serving seven or more persons)

P P P P
Utility Distribution Facilities C C C C
1 Only applicable in Downtown Area as shown on Zoning Map.

F. Commercial Districts Table C-1 C-2 MU-D MU-N
Day Care Center Child or Adult MC MC MC MC

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F. Commercial Districts Table C-1 C-2 MU-D MU-N
Dwelling—Compact Lots Subdivision, pursuant to Section

18.48.190 of Title 18.

N N P P
Dwelling—Single Family N N P P
Dwelling—Manufactured Home, pursuant to Section 18.48.060 of this Title

N N N P
Dwelling—Multiple-Family N N P P
Dwelling—Live/Work P P P P
Eating/Drinking Establishments, Indoor Only P P P P Eating/Drinking Establishments with Outdoor Seating C C C C Eating/Drinking Establishments—Drive-Thru C C C1 C
Educational Institutions and Vocational Schools C P C C Electric Vehicle Charging Station – Small, see chapter 18.48 of this Title P P P P
Electric Vehicle Charging Station – Large, see chapter 18.48 of this Title P P P P
Entertainment Facilities C P P P
Family Day Care Home, Large MC MC MC MC
Family Day Care Home, Small P N P P
Farmers Market, pursuant to Chapter 18.48 of this Title. P P P P Financial Institutions N P P P
Florist P P P P
Fortunetelling, pursuant to Chapter 18.48 of this Title. N MC N N Funeral Services N P N N
Health and Fitness Club N P P P
Home Occupations, pursuant to Chapter 18.44 of this Title. P P P P Hospitals N P N N
Hotels and Motels N C C N
Hydrogen Vehicle Fueling Station, see chapter 18.48 of this Title P P P P

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Zoning Text Amendment - Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station
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F. Commercial Districts Table C-1 C-2 MU-D MU-N
Instructional Services C P P N
Laundry services—Heavy N P N N

G. Industrial Districts Table I-P M-1 M-2
Contractors' Storage Yard/Corporation Yards N C C
Cultural Institutions P P P
Dance, Martial Arts or Yoga Studio P P N
Day Care Center Child or Adult MC N N
Dwelling—Caretaker P P P
Dwelling—Live/Work P P N
Eating/Drinking Establishments, Indoor Only P P P
Eating/Drinking Establishments with Outdoor Seating C C C Eating/Drinking Establishments—Drive Thru P P C
Educational Institutions and Vocational Schools P P P Emergency Shelter N P N
Electric Vehicle Charging Station – small, see chapter 18.48 of this Title P P P
Electric Vehicle Charging Station – Large, see chapter 18.48 of this Title P P P
Entertainment Facilities P P N
Farmers Market, pursuant to Chapter 18.48 of this Title. P P P Financial Institutions P P P
Food Commissary C C C
Funeral Services P P P
Health and Fitness Club P P N
Hospitals P P P
Hotels and Motels C N N

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Zoning Text Amendment - Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station
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G. Industrial Districts Table I-P M-1 M-2
Hydrogen Vehicle Fueling Station, see chapter 18.48 of this Title P P P Instructional Services P P P
Laundry services—Heavy P P P

Chapter 18.48 (Special Provisions) is hereby amended to add new Section 18.48.200 creating new Electric Vehicle Charging Facilities and Hydrogen Vehicle Fueling Facilities standards:

18.48.200 – Electric Vehicle Charging Facilities and Hydrogen Vehicle Fueling Facilities

A. Purpose.

This section does not discourage implementation of alternative fuels and energy systems within existing service stations as addressed by Section 18.48.030 (Automobile Service Stations).

B. Applicability.

This chapter applies to the permitting of al l electric vehicle charging stations and hydrogen vehicle fueling stations in the City. Electric vehicle charging stations and hydrogen vehicle fueling stations legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a charging station or hydrogen stations in such a way as to require a new permit.

C. Definitions.

"A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost -effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

"Building official" - See Section 16.08.060.

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Zoning Text Amendment - Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station
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“Electric Vehicle Charging Station”, “Small Electric Vehicle Charging Station” and “Large Electric Vehicle Charging Station” – See Section 18.04.195

"Electronic submittal" means e -mail, fax any computer based electronic plan review software maintained, operated, and utilized by the City for receiving applications through the internet.

“Hydrogen Vehicle Fueling Station” – See Section 18.04.255

"Specific, adverse impact" means a signi ficant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written local, state or federal public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

D. Electric Vehicle Charging Station Requirements.

1. An electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufa cturers Association, and accredited testing laboratories such as Underwriters Laboratories, and, where applicable, rules of the Public Utilities Commission and the Colton Electric Utility or other applicable local electric utility company regarding safety and reliability.

2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage of either floor -mounted or wall -mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

E. Hydrogen Vehicle Fueling Station Requirements. A hydrogen vehicle fueling station shall meet all of the following standards, as applicable:

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Zoning Text Amendment - Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station
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1. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.

2. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.

3. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the “Hydrogen Station Permitting Guidebook”.

F. Expedited Permitting Process.

The Building Official shall implement expedited, streamlined permitting processes for electric vehicle charging stations and hydrogen vehicle fueling stations and adopt checklists of all requirements with which electric vehicle charging stations and hydrogen vehicle fueling stations shall comply with to be eligible for expedited review. For electric vehicle charging stations, the expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current ver sion of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero -Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. For hydrogen vehicle fueling stations, the expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Hydrogen Station Permitting Handbook” as published by the Governor’s Office of Business and Economic Development. The City's adopted checklists shall be published on the City's website.

G. Permit application process.

1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station or hydroge n vehicle fueling station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and o vercurrent protection; hydrogen system capacity, piping and overpressure protection; building infrastructure affected by charging station or hydrogen station equipment and associated conduits/piping/ducting; and areas of charging station or hydrogen station equipment and vehicle circulation or parking.

2. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly

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processed. A completed application does not authorize an applican t to energize, connect, fill or otherwise utilize an electric vehicle charging station or hydrogen vehicle fueling station until approval and all necessary permits are granted by the City.

3. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

4. For an electric vehicle charging s tation, the Building Official shall issue the notice not later than:

a. Five business days after submission of the application, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b. Ten business da ys after submission of the application, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue a written correction notice to the applicant within the time prescribed, the applic ation shall be deemed complete.

5. A permit application for an electric vehicle charging station shall demonstrate compliance with Colton Electric Utility policies prior to approval.

6. The Building Official shall allow for electronic submittal of pe rmit applications covered by this chapter and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

H. Permit Review.

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that the charging station or hydrogen station will not have an unmitigated specific adverse impact on pub lic health and safety. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life - safety situations.

2. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Sect ion 65850.7, as may be amended, approve the application and issue all necessary permits.

3. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station or hydrogen vehicle fueling station could have a specific, adverse impact upon the public health or safety, the City may deny the permit and require the applicant to apply for a conditional use permit pursuant to Section 18.58.060 of the Colton Municipal Code. For an electric vehicle charging station, the Building Official shall issue the denial and finding not later than:

a. Twenty business days after the application is deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b. Forty business days after the application is deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue to the applicant a written denial/finding and referral to the Plann ing Commission for a conditional use permit within the time prescribed, the application shall be deemed approved.

4. The Building Official's decision may be appealed by the applicant to the Planning Commission by submitting a written request of review of such decision within five business days of such decision, requesting review of such decision by the Planning Commission. Such request shall be made in writing to the Development Services Department. Upon receipt of such request, the Development Services D epartment shall schedule the matter for Planning Commission review, and shall forward to the Planning Commission for its consideration all of the documents and materials

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submitted with the permit application, together with a report of the decision of the B uilding Official and the reasons therefor. The Planning Commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. If the Planning Commission finds that there is not substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order issuance of the permits for the charging station or hydrogen station. If the Planning Commission finds that there is substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order that the applicant apply for a conditional use permit pursuant to Section 18.58.060 of the Colton Municipal Code.

5. Notwithstanding any provisio n of Section 18.58.060 to the contrary, an application for a conditional use permit to install an electric vehicle charging station or hydrogen vehicle fueling station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall incl ude the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission's decision may be appealed by the applicant to the City Council in the manner provided by Section 18.58.100 of the Colton Municipal Code.

6. Any conditions imposed by the Building Official, Planning Commission or the City Council shall be designed to mitigate the specific adverse impact(s) upon the public health or safety at the lowest cost possible.

7. In the technical review of an electric vehicle ch arging station or hydrogen vehicle fueling station application, the Building Official, Planning Commission or City Council shall not condition the approval of any charging station or hydrogen station permit on the approval of such a station by an associati on, as that term is defined by California Civil Code Section 4080.

I. Additional Objective Health and Safety Standards for Electric Vehicle Charging Stations and Hydrogen Vehicle Fueling Stations.

1. For large electric vehicle charging stations and hydro gen fueling stations, the minimum lot size shall be 3.0 acres. Minimum street frontage for

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large electric vehicle charging stations and hydrogen fueling stations shall be 200 feet.

2. Building Setbacks: Same as underlying zoning.

3. Amenities. Amenities and other ancillary equipment and facilities that are not directly necessary for the charging of plug -in electric vehicles from an outside source, or the delivery, storage or dispensing of hydrogen to hydrogen fuel-cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities, are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.

4. Building Height: Same as underlying zone.

5. Security: All large electric vehicle charging stations a nd hydrogen fueling stations shall include a security plan subject to review and approval by Development Services and Police Department. The security plan may include, but is not limited to a security surveillance system, security personnel, or a perimeter wrought iron or tubular steel fence with visibility into the facility at a maximum height of 8 feet.

6. Vehicle Types and Circulation/Parking: The applicant shall identify the vehicle types served by the station.
a. Access/Internal Circulation/Egress from the Site. The applicant shall provide appropriate truck and other vehicle turning templates on plan subject to review and approval by the City Planning Division and Public Works Engineering / Traffic.

b. Driveways, parking, and queuing areas shall c omply with all Fire Codes, Traffic Engineering and Planning / Zoning requirements.

7. All proposed signage for the station shall be subject to Chapter 18.50 – Signs.

ENVIRONMENTAL DETERMINATION

Staff analyzed the proposal for California Environmental Quality Act (CEQA) compliance. The proposal is exempt pursuant to California Environmental Quality Act (CEQA) Section

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15061(b)(3) due to the certainty that there is no possibility that the action will have a significant effect on the environment.

FISCAL IMPACTS

None.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1_04-23-24_PC Agenda Meeting Minutes_Draft

2. Attachment 2_PC Resolution_DAP23-0024_ZOTA_Unsigned

3. Attachment 3_CC_Draft Ordinance No. O-5-24

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CITY OF COLTON

PLANNING COMMISSION AGENDA

MEETING MINUTES

COUNCIL CHAMBERS, 650 NORTH LA CADENA DRIVE, COLTON, CA 92324 REGULAR MEETING –TUESDAY, APRIL 23, 2024 – 5:30 P.M.

A. CALL TO ORDER at 5:30 pm

B. ROLL CALL

Present
Richard Prieto
Adrianna Escarcega
Leticia (“Tish”) Baden
Dr. Eric Peters
Gary Grossich

Commissioners Absent:

None

Staff Present:

Heidi Duron, Development Services Director
William Priest, City Attorney
Mario Suarez, Planning Manager
David Alvarez, Senior Planner
Steve Gonzales, Associate Planner

C. PLEDGE OF ALLEGIANCE Led by Commissioner Grossich

D. APPROVAL OF MEETING MINUTES FOR

April 9, 2024, Draft Planning Commission Minutes

Motion and second by Commissioner Grossich / Commissioner Baden to approve.

Roll Call vote: Ayes: 4 Noes: 0 Absent: 0 Abstain: 1 (Prieto)

E. PUBLIC COMMENTS:

None

F. DEVELOPMENT SERVICES DEPARTMENT FY2024-25 BUDGET
Staff presentation and discussion of proposed FY2024 -25 budget. Commission comments will be summarized and forwarded to the City Manager and Finance Department for consideration in the budget adoption process
Commissioners:

Richard Prieto, District 1

Adrianna Escarcega, District 2

Letitia Baden, District 3

Dr. Eric Peters, District 4

Gary Grossich, At Large

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Presented by Heidi Duron, Development Service Director

The Commission supported the application of future grants to assist the City in its housing efforts.

Clarification and status of building staff recruirtment was provided by Director Duron. Director Duron clarified that Code Enforcement Officer dedicated to Planing/Zoning/Business License area is funded through the Police Department. The Code Compliance Officer is currently assigned Development Services and working on cases. The Commission asked about uniform line item for the Building Division. Staff clarified that this line item addressed boots and other field equipment used by inspectors in completing their inspections.

G. PUBLIC HEARING

1. FILE INDEX NO.: DAP23-0024 Text Amendment - Clean Fueling Facilities (continued from 4-9-24 meeting)
APPLICANT: Rob Fox, Senior Project Manager, Nextera Energy

PROPERTY OWNER: City wide

PROPERTY LOCATION: City wide

REQUEST: Zoning Ordinance Text Amendment to allow ”Electric Vehicle Charging & Hydrogen Fueling Facilities” as a Permitted Use in the I -P (Industrial Park), M -1 (Ligh Industrial), and M -2 (Heavy Industrial) Zones amending Sections 18.04 (Definitions), 18.06.060 (Permitted Uses-Table G) and 18.48 (Special Provisions).

ENVIRONMENTAL DETERMINATION: Staff analyzed the proposal for California Environmental Quality Act (CEQA) compliance. The proposal is exempt pursuant to California Environmental Quality Act (CEQA) Secti on 15061(b)(3) due to the certainty that there is no possibility that the action will have a significant effect on the environment.

Presented by: Mario Suarez, Planning Manager and William Priest, City Attorney

STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the proposed text amendment to the City Council through adoption of the attached Resolution titled:

RESOLUTION NO. R-04-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF COLTON, CALIFORNIA, RECOMM ENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 18, SECTION 18.04, 18.06.060, AND 18.48 OF

THE COLTON MUNICIPAL CODE RELATING TO ELECTRIC VEHICLE CHARGING

FACILITIES & HYDROGEN VEHICLE FUELING FACILITIES AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA (FILE INDEX NO. DAP23-0024)

PUBLIC COMMENTS:

None

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COMMISSION ACTION
Motion and second by Commissioner Grossich / Commissioner Escarcega to approve with modifications Updating the use table to include “small EV charging stations” as permitted in all R zones, as well as C and I zones and Updating the following definitions:

A “small electric vehicle charging station” means a station that is designed and operated as a use ancillary to the primary permitted use on the site (such as a single family residence, condominium, apartment, office building, commercial retail, parking lot, garage or structure) in order to deliver electricity to personal or commercial passenger vehicles and trucks owned or operated by individuals who either reside or work on the site or are guests on the site where the charging station is located. to include small electric vehicle charging stations as permitted in MS zone.

Roll Call vote: Ayes: 5 Noes: 0 Absent: 0 Abstain: 0

2. FILE INDEX NUMBER: DAP 001-425 Club 215 Billboard

APPLICANT: Todd Gibboney

PROPERTY OWNER: Todd Gibboney

PROPERTY LOCATION: 2680 S. La Cadena Drive

REQUEST: AMENDMENT OF APPROVED BILLBOARD PUBLIC BENEFIT AGREEMENT - for operation of a proposed off -premise advertising electronic changeable copy (billboard) double-faced freestanding sign as a “gateway sign” for the south entry to the City on the Interstate 215 Freeway on property located at 2680 S. La Cadena Drive (Northwest corner of I -215 Freeway/ Iowa Avenue - Assessor Parcel No. 1167-111-19).

ENVIRONMENTAL DETERMINATION: As part of the original approva ls, the Planning Commission/City Council adopted a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines. Since the amendments to the Billboard Agreement do not propose any physical changes to the Billboar d (sign), the prior Negative Declaration is still effective.

STAFF RECOMMENDATION: Staff recommends the Planning Commission approved the following Resolution:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLTON

RECOMMENDING THE CITY COUNCIL A PPROVE AN AMENDED AND RESTATED

PUBLIC BENEFIT, DIGITAL BILLBOARD AND EXPIRED LAND USE SETTLEMENT AGREEMENT FOR PROPERTY LOCATED AT 2680 S. LA CADENA DRIVE (Assessor Parcel No. 1167-111-19).

PUBLIC COMMENTS:

None

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COMMISSION ACTION
Motion and second by Commissioner BadenGrossich/ Commissioner Escarcega Dr. Peters to continue Public Hearing to the next May 14, 2024, Planning Commission meeting on May 14, 2024 to allow staff time to clarify some of the formatting/reference areas and concerns made by the Co mmission.

The Commission requested a copy of the original agreement to compare the changes.

Roll Call vote: Ayes: 5 Noes: 0 Absent: 0 Abstain: 0

H. DIRECTOR’S REMARKS/REVIEW OF CITY COUNCIL AGENDAS
 Annouced the retirement of the Building Official, Ramon Hernandez and will be contracting for Building Official with Willdan Engineering going to City Council on May 7, 2024.  Ecology Recycling Services appeal related to pile height going to City Council on May 7, 2024.  Code Enforcement updates:
- 839 E. Fairway Drive – Residential Care / Memory Care Facility - 531 S. La Cadena Drive - Old DelU’s Restaurant on La Cadena

I. COMMISSION COMMENTS

COMMISSIONER RICHARD PRIETO
 Status of business cards.
 Question about who the lead adjacency was for controlling the traffic signals on Reche Canyon?  Asked about when the next Reche Canyon Traffic Ad-Hoc Committee Meeting is scheduled?  1320 East Washington Street – Dunkin Donuts freestanding sign – staff to check on compliance with three-foot setback requirement.
 1703 East Washington – Former Circle K freesstamdomg sign(s) – new sign appear to have no permit as they do not meet the three-feet setback requirement. 

COMMISSIONER LETITIA BADEN
 Thanked staff for Code Enforcement status updates.
 Questions about Dunkin’ Dounuts – banner flags.
 South Colton banners / flags / tires on sidewalks signs check is needed.

COMMISSIONER ADRIANNA ESCARCEGA
 Thanked staff for addressing her questions.

COMMISSIONER DR. ERIC PETERS
 Commented on Iron Horse Hills Appeal hearing.
 Asked for status on the Reche Canyon Realignment project.

Formatted: Indent: Left: 0.5", No bullets or numbering

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 Asked if there were any grants available to address the street improvements and signals on Barton Road between Iron Horse Hills and East Washington Street and at the intersection of Barton Road and East Washington..
 Asked about follow-up on the Street Signals “timing” between the City and San Bernardino County to allow for longer green light traveling south in the evening to help the bottlenecking issues along Reche Canyon Drive.
 Comments/concerns regarding pile heights for AIM is “tremendously” high – the heights of the piles looked as high as their container sound wallsout of compliance.  Discuss Reche Canyon improvements Water/Public Works and San Bernardino County.  Circle K sign – new sign appear to have no permit South Colton lots of signs in a row.

COMMISSIONER GARY GROSSICH
 Thanked staff and noted all the work staff completes..

J. ADJOURNMENT

Motion to adjourn by Commissioner Baden and Escarcega.

Meeting adjourned at 7:47 pm

Next Scheduled Meeting: Tuesday, May 14, 2024

Documents Related to Open Session Agendas (SB 343). Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection Monday through Thursday 7:30 am to 5:00 p.m. at the City of Colton Development Services Department located at the Civic Center Annex (across the street from City Hall) at 659 N. La Cadena Drive, Colton, CA 92324. The meeting will be an in -person meeting and comments via telephone or zoom will not be available.

Appeal of Planning Commission Action. If you challenge in court any action of the Planning Commission related to a public hearing item, you may be limited to raising only those issues you or someone else has raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. A decision of the Planning Commission may be appealed to the City Council. An appeal must be filed within ten (10) days following the appellant’s receipt of notice of the action.

ADA Compliance. In compliance with the American with Disabilities Act, if you need special assistance to participate in a Planning Commission Meeting, please contact the Planning Division at 909-370-5079. Notification forty -eight (48) hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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RESOLUTION NO. R-06-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLTO N

RECOMMENDING THAT THE CITY COUNCIL OF TH E CITY OF COLTON AME ND VARIOUS SECTIONS OF TITLE 18 OF THE COLTON MUNICIPAL CODE TO PERMIT

AND REGULATE ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN

VEHICLE CHARGING STATIONS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65850.7

WHEREAS, California Government Code section 65850.7, as recently amended by Senate Bill 1291, requires cities and other local governments to regulate and permit electrical vehicle charging stations and hydrogen fuel -cell vehicle fueling stations through a streamlined building permit process, subject to the terms and conditions stated therein; and WHEREAS, by adoption of this Ordinance, the City Council desires to update and modernize its zoning and development regulations to comply with Government Code section 65850.7 and thereby promote the orderly development of electric vehicle char ging stations and hydrogen fuel-cell vehicle fueling stations within the City, consistent with State law; and WHEREAS, the Colton Planning Commission held a duly noticed public hearing to consider the Ordinance, and by a vote of 5 to 0, recommended its ap proval to the City Council; and
WHEREAS, all prerequisites to the adoption of this ordinance have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF COLTON:

SECTION 1. The Planning Commission hereby adopts the recitals and findings with respect to the Ordinance (“Zoning Text Amendment”) as set forth in the attached Exhibit “A” as if fully set forth herein.

SECTION 2. The Planning Commission hereby recommends that the City Council of the City of Colton adopt the Zon ing Text Amendment, in substantially the form attached hereto as Exhibit “A,” which is incorporated by reference, based on the following findings:

A. General Plan Consistency. Based on the entire record befor e the City Council and all written and oral evidence presented, including the staff report, the City Council hereby finds and determines that the proposed Ordinance is consistent with the goals and policies of the City of Colton General Plan and is reason ably related to the public welfare of the citizens of the City and surrounding regions. Specifically, the provisions of this Ordinance promote the use of electric vehicles and hydrogen fuel -cell vehicles by allowing electric vehicle charging stations and hydrogen vehicle fueling stations to be approved administratively in the City to be consistent with California Government Code section 65850.7, as recently amended by Senate Bill 1291. Permitting these types of uses within the City of Colton furthers the City’s goals and policies as set forth in the City of Colton General Plan, specifically:

Land Use Element: Permitting electric vehicle charging stations and hydrogen vehicle fueling stations in the City with specific objective development standards, is consistent with the goals and policies of the City of Colton Land Use Element, specifically:

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o Goal LU-3.5 “Establish a list of commercial and industrial uses that are needed in the City, and work towards bringing those business to Colton.” The proposed Ordinance will support and encourage bringing zero-emission vehicle charging and fueling stations to the City with a streamlined review and approval process that is not currently in the City’s Zoning Code.

o Goal LU -5.5 “Develop and implement greenhouse gas emissions reduction measures, including discrete, early -action greenhouse gas reducing measures that are technologically feasible and cost effective.” By promoting the use of electric vehicle charging stations and hydrogen vehicle fueling stations with a streamlined review and approval process and allowing the network of zero-emission vehicle stations to grow with the proposed Ordinance, the City is contributing to the reduction of greenhouse gas emissions for the foreseeable future.

B. Finally, the City Council f inds that the proposed Ordinance to permit electric vehicle charging stations and hydrogen vehicle fueling stations by-right is reasonably related to the public welfare of the citizens of the City and surrounding region; more specifically, the proposed Ordinance includes appropriate development standards to ensure that the permitted stations meet all City public health and safety standards including Building and Safety Codes.

SECTION 3. The Planning Commission finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment.

Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 4. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 23th day of April, 2024.

_______________________________
Richard Prieto
Planning Commission Chairperson

ATTEST:

__________________________
Planning Commission Secretary
Heidi Duron, Development Services Directo

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I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Colton at a meeting held on April 23, 2024, by the following vote of the Planning Commission:

AYES: Peters, Escarcega, Grossich, Baden, Prieto
NOES:

ABSENT:

ABSTAIN:

_____________________________
Planning Commission Secretary
Heidi Duron, Development Services Director

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EXHIBIT “A”
ORDINANCE NO. O-___-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON AMENDING VARIOUS SECTIONS OF TITLE 18 OF

THE COLTON MUNICIPAL CODE TO PERMIT AND REGULATE

ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN

VEHICLE CHARGING STATIONS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65850.7

WHEREAS, California Government Code section 65850.7, as recently amended by Senate Bill 1291, requires cities and other local governments to regulate and permit electrical vehicle charging stations and hydrogen fuel -cell vehicle fueling stations through a streamlined building permit process, subject to the terms and conditions stated therein; and WHEREAS, by adoption of this Ordinance, the City Council desires to update and modernize its zoning and development regulations to comply with Government Code section 65850.7 and thereby promote the orderly development of electric vehicle charging stations and hydrogen fuel-cell vehicle fueling stations within the City, consistent with State law; and WHEREAS, the Colton Planning Commission held a duly noticed public hearing to consider the Ordinance, and by a vote of 5 to 0, recommended its approval to the City Cou ncil; and
WHEREAS, all prerequisites to the adoption of this ordinance have occurred.

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

SECTION 1. Incorporation of Recitals . The City Council hereby finds that all of the foregoing recitals presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council.

SECTION 2. The City Council of the City of Colton hereby adopts this Ordinance based on the following findings:

A. General Plan Consistency. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council hereby finds and determines that the proposed Ordinance is consistent with the goals and policies of the City of Colton General Plan and is reasonably related to the public welfare of the citizens of the City and surrounding regions. Specifically, the provisions of this Ordinance promote the use of electric vehicles and hydrogen fuel -cell vehicles by allowing electric vehicle charging stations and hydrogen vehicle fueling stations to be approved administratively in the City to be consistent with California Government Code section 65850.7, as recently amended by Senate Bill 1291. Permitting these types of uses within the City of Colton furthers the City’s goals and policies as set forth in the City of Colton General Plan, specifically:

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o Goal LU -5.5 “Develop and implement greenhouse gas emissions reduction measures, including discrete, early -action greenhouse gas reducing measures that are technologically feasible and cost effective.” By pro moting the use of electric vehicle charging stations and hydrogen vehicle fueling stations with a streamlined review and approval process and allowing the network of zero-emission vehicle stations to grow with the proposed Ordinance, the City is contributing to the reduction of greenhouse gas emissions for the foreseeable future.

SECTION 3. The City Council of the City of Colton hereby adds sections 18.04.195 and

18.04.255 to Chapter 18.04 (Definitions) of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.04 – Definitions

18.04.195 – Electric Vehicle Charging Station.

“Electric Vehicle Charging Station” or "Charging Station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and a ny subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

A “small electric vehicle charging station” means a station that is designed and operated as a use ancillary to the pri mary permitted use on the site (such as a single family residence, condominium, apartment, office building, commercial retail, parking lot, garage or structure) in order to deliver electricity to personal or commercial passenger vehicles and trucks owned o r operated by individuals who either reside or work on the site or are guests on the site where the charging station is located.

A “large electric vehicle charging station” means a station that is designed and operated as the primary permitted use on the site in order to charge personal passenger vehicles and trucks and/or commercial passenger vehicles and trucks and which is open to the public, whether with or

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without the payment of fees, subscriptions or other monetary charges for the service. A “large electric vehicle charging station” includes the electrical and mechanical equipment as defined in Article 625 of the California Electrical Code, and any subsequent amendments, that is necessary to deliver electricity from a source outside an electric vehicle into a plug-in electric vehicle. It does not include ancillary equipment and facilities that are not directly necessary for the charging of plug-in electric vehicles, including but not limited to, canopies (with or without solar panels), patronage res ting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.

18.04.255 – Hydrogen Vehicle Fueling Station.

“Hydrogen Vehicle Fueling Station” or "Hydrogen station" means a station designed and operated as the primary permitted uses on the site with the equipment used to deliver, store and dispense hydrogen fuel to passenger or commercial vehicles according to industry codes and standards that is open to the public, whether with or without t he payment of fees, subscriptions or other monetary charges for the service. A “hydrogen vehicle fueling station” includes the physical and mechanical equipment, as defined in industry codes and standards, that is necessary to deliver, store and dispense hydrogen to passenger or commercial vehicles. It does not include ancillary equipment and facilities that are not directly necessary for the delivery, storage and dispensing of hydrogen to hydrogen fuel -cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Sec tion 18.58.030 of the Colton Municipal Code.”

SECTION 4. The City Council of the City of Colton hereby amends Section 18.06.060 of Chapter 18.04 of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.06 (Permitted Uses)

E. Residential Districts Table V-L R1 R2 R3/R4
Electric Vehicle Charging Station – Small, See Chapter 18.48 of this Title

P P P P
Plant Nursery, marijuana N N N N
Religious Assembly C C C C
Residential or Group Care Facility—Small (serving six or fewer persons)

P P P P
Residential or Group Care Facility—Large (serving seven or C C C C

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more persons)
Utility Distribution Facilities P P P P
1 Only applicable in Downtown Area as shown on Zoning Map.

F. Commercial Districts Table C-1 C-2 MU-D MU-N
Day Care Center Child or Adult MC MC MC MC
Dwelling—Compact Lots Subdivision, pursuant to Section

18.48.190 of Title 18.

N N P P
Dwelling—Single Family N N P P
Dwelling—Manufactured Home, pursuant to Section

18.48.060 of this Title

P P P P
Electric Vehicle Charging Station – Large, see chapter 18.48 of this Title

P P P P
Entertainment Facilities C P P P
Family Day Care Home, Large MC MC MC MC
Family Day Care Home, Small P N P P
Farmers Market, pursuant to Chapter 18.48 of this Title. P P P P Financial Institutions N P P P
Florist P P P P
Fortunetelling, pursuant to Chapter 18.48 of this Title. N MC N N Funeral Services N P N N
Health and Fitness Club N P P P
Home Occupations, pursuant to Chapter 18.44 of this Title. P P P P Hospitals N P N N
Hotels and Motels N C C N
Hydrogen Vehicle Fueling Station, see chapter 18.48 of this Title

P P P P
Instructional Services C P P N
Laundry services—Heavy N P N N

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Emergency Shelter N P N
Electric Vehicle Charging Station – small, see chapter 18.48 of this Title
P P P
Electric Vehicle Charging Station – Large, see chapter 18.48 of this Title
P P P
Entertainment Facilities P P N
Farmers Market, pursuant to Chapter 18.48 of this Title. P P P Financial Institutions P P P
Food Commissary C C C
Funeral Services P P P
Health and Fitness Club P P N
Hospitals P P P
Hotels and Motels C N N
Hydrogen Vehicle Fueling Station, see chapter 18.48 of this Title P P P Instructional Services P P P
Laundry services—Heavy P P P

”

SECTION 5. The City Council of the City of Colton hereby adds section 18.48.200 to Chapter 18.48 of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.48 (Special Provisions)

18.48.200 – Electric Vehicle Charging Facilities and Hydrogen Vehicle Fueling Facilities

A. Purpose.

The purpose of this Section is to promote and encourage the development and use of zero - emission vehicle infrastructure by creating an expedited, streamlined permitting process that does not create unreasonable barriers to the installation of electric vehicle charging stations and hydrogen vehicle fueling stations while promoting public health and safety in a manner consistent with California Government Code Section 65850.7. This section does not discourage implementation o f alternative fuels and energy systems within existing service stations as addressed by Section 18.48.030 (Automobile Service Stations).

B. Applicability.

This chapter applies to the permitting of all electric vehicle charging stations and hydrogen vehicle fueling stations in the City. Electric vehicle charging stations and hydrogen vehicle fueling stations legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance unless physic al modifications or alterations are undertaken that materially change the size, type, or components of a charging station or hydrogen stations in such a way as to require a new permit.

C. Definitions.

"Building official" - See Section 16.08.060.

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“Electric Vehicle Charging Station”, “Small Electric Vehicle Charging Station” and “Large Electric Vehicle Charging Station” – See Section 18.04.195

"Electronic submittal" means e -mail, fax any computer based electronic plan review software maintained, operated, and utilized by the City for receiving applications through the internet.

“Hydrogen Vehicle Fueling Station” – See Section 18.04.255

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written local, state or federal public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

D. Electric Vehicle Charging Station Requirements.

1. An electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing labor atories such as Underwriters Laboratories, and, where applicable, rules of the Public Utilities Commission and the Colton Electric Utility or other applicable local electric utility company regarding safety and reliability.

2. Installation of electric veh icle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

E. Hydrogen Vehicle Fueling Station Requirements. A hydrogen vehicle fueling station shall meet all of the following standards, as applicable:

1. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.

2. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.

3. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the “Hydrogen Station Permitting Guidebook”.

F. Expedited Permitting Process.

The Building Official shall implement expedited, streamlined permitting processes for

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electric vehicle charging stations and hydrogen vehicle fueling stations and adopt checklists of all requirements with which electric vehicle charging stations and hydrogen vehicle fueling stations shall comply with in order to be eligible for expedited review. For electric vehicle charging stations, the expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California:

Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. For hydrogen vehicle fueling stations, the expedited, streamlined permit ting process and checklist may refer to the recommendations contained in the most current version of the “Hydrogen Station Permitting Handbook” as published by the Governor’s Office of Business and Economic Development. The City's adopted checklists shall be published on the City's website.

G. Permit application process.

1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station or hydrogen vehicle fueling station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; hydrogen s ystem capacity, piping and overpressure protection; building infrastructure affected by charging station or hydrogen station equipment and associated conduits/piping/ducting; and areas of charging station or hydrogen station equipment and vehicle circulation or parking.

2. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize, connect, fill or o therwise utilize an electric vehicle charging station or hydrogen vehicle fueling station until approval and all necessary permits are granted by the City.

4. For an electric vehicle charging station, the Building Official shall issue the notice not later than:

a. Five business days after submission of the application, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b. Ten business days after submission of the application, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue a written correction notice to the applicant within the time prescribed, the application shall be deemed complete.

5. A permit application for an electric vehicle charging station shall demonstrate compliance with Colton Electric Utility policies prior to

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approval.

6. The Building Official shall allow for electronic submittal of permit applications covered b y this chapter and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

H. Permit Review.

1. The Building Official shall review all electric vehicle charging station and hydrogen vehicle fueling station applications to determine whether the charging station or hydrogen station meets all health and safety requirements of local, state and federal law. The requirements in this Section are declared to be limited to those standards necessary to ensure that the charging station or hydrogen station will not have an unmitigated specific adverse impact on public health and safety. Not withstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.

2. Upon confirmation by the Building Official that the permit ap plication and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.

3. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station or hydrogen vehicle fueling station could have a specific, adverse impact up on the public health or safety, the City may deny the permit and require the applicant to apply for a conditional use permit pursuant to Section 18.58.060 of the Colton Municipal Code. For an electric vehicle charging station, the Building Official shall issue the denial and finding not later than:

a. Twenty business days after the application is deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b. Forty business days after the application is deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue to the applicant a written denial/finding and referral to the Planning Commission for a conditional use permit within the time prescribed, the application shall be deemed approved.

4. The Building Official's decision may be appealed by the applicant to the Planning Commission by submitting a written request of review of such decision within five business days of such decision, requesting review of such decision by the Planning Commission. Such request shall be made in writing to the Development Services Department. Upon receipt of such request, the Development Services Department shall schedule the matter for Planning Commission review, and shall forward to the Planning Commission for its consideration all of the documents and materials submitted with the permit application, together with a report of the decision

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of the Building Official and the reasons therefor. The Planning Commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. If the Planning Commission finds that there is not substantial e vidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order issuance of the permits for the charging station or hydrogen station. If the Planning Commission finds that there is substantial evidence of a spec ific, adverse impact upon the public health or safety, the Planning Commission shall order that the applicant apply for a conditional use permit pursuant to Section 18.58.060 of the Colton Municipal Code.

5. Notwithstanding any provision of Section 18.58. 060 to the contrary, an application for a conditional use permit to install an electric vehicle charging station or hydrogen vehicle fueling station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for t he rejection of potential feasible alternatives. If denied, the Planning Commission's decision may be appealed by the applicant to the City Council in the manner provided by Section

18.58.100 of the Colton Municipal Code.

7. In the technical review of an electric vehicle charging station or h ydrogen vehicle fueling station application, the Building Official, Planning Commission or City Council shall not condition the approval of any charging station or hydrogen station permit on the approval of such a station by an association, as that term is defined by California Civil Code Section 4080.

I. Additional Objective Health and Safety Standards for Electric Vehicle Charging Stations and Hydrogen Vehicle Fueling Stations.

1. For large electric vehicle charging stations and hydrogen fueling station s, the minimum lot size shall be 3.0 acres. Minimum street frontage for large electric vehicle charging stations and hydrogen fueling stations shall be 200 feet.

2. Building Setbacks: Same as underlying zoning.

3. Amenities. Amenities and other anc illary equipment and facilities that are not directly necessary for the charging of plug -in electric vehicles from an outside source, or the delivery, storage or dispensing of hydrogen to hydrogen fuel-cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities, are not subject to the expedited application and permitting requirements of this ordinance and but shal l be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.

4. Building Height: Same as underlying zone.

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5. Security: All large electric vehicle charging stations and hydrogen fueling stations shall include a security plan subject to review and approval by Development Services and Police Department. The security plan may include, but is not limited to a security surveillance system, security personnel, or a perimeter wrought iron or tu bular steel fence with visibility into the facility at a maximum height of 8 feet.

7. All proposed signage for the station shall be subject to Chapter 18.50 – Signs.

J. Fees.

The City Council may establish by resolution fees that shall be charged for permits issued under this chapter.”

SECTION 6. CEQA. The City Council finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment.

Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

PASSED, APPROVED AND ADOPTED this day of , 2024.

Frank J. Navarro, Mayor

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ATTEST:

Stephanie Vargas, Deputy City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

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ORDINANCE NO. O-X-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON AMENDING VARIOUS SECTIONS OF TITLE 18 OF

THE COLTON MUNICIPAL CODE TO PERMIT AND REGULATE

ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN

VEHICLE CHARGING STATIONS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65850.7

WHEREAS, California Government Code section 65850.7, as recently amended by Senate Bill 1291, require s cities and other local governments to regulate and permit electrical vehicle charging stations and hydrogen fuel -cell vehicle fueling stations through a streamlined building permit process, subject to the terms and conditions stated therein; and WHEREAS, by adoption of this Ordinance, the City Council desires to update and modernize its zoning and development regulations to comply with Government Code section 65850.7 and thereby promote the orderly development of electric vehicle charging stations and hydrogen fuel-cell vehicle fueling stations within the City, consistent with State law; and WHEREAS, the Colton Planning Commission held a duly noticed public hearing to consider the Ordinance, and by a vote of 5 to 0, recommended its approval to the City C ouncil; and
WHEREAS, all prerequisites to the adoption of this ordinance have occurred.

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

SECTION 2. The City Council of the City of Colton hereby adopts this Ordinance based on the following findings:

A. General Plan Consistency. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council hereby finds and determines that the proposed Ordinance is consistent w ith the goals and policies of the City of Colton General Plan and is reasonably related to the public welfare of the citizens of the City and surrounding regions. Specifically, the provisions of this Ordinance promote the use of electric vehicles and hydr ogen fuel-cell vehicles by allowing electric vehicle charging stations and hydrogen vehicle fueling stations to be approved administratively in the City to be consistent with California Government Code section 65850.7, as recently amended by Senate Bill 1291. Permitting these types of uses within the City of Colton furthers the City’s goals and policies as set forth in the City of Colton General Plan, specifically:

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SECTION 3. The City Council of the City of Colton hereby adds sections 18.04.195 and

18.04.255 to Chapter 18.04 (Definitions) of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.04 – Definitions

18.04.195 – Electric Vehicle Charging Station.

“Electric Vehicle Charging Station” or "Charging Station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

A “small electric vehicle charging station” means a station that is designed and operated as a use ancillary to the primary permitted use on the site (such as a single family residence, condominium, apartment, office building, commercial retail, parking lot, garage or structure) in order to deliver electricity to personal or commercial passenger vehicles and trucks owned or operated by individuals who either reside or work on the site or are guests on the site where the charging station is located.

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without the payment of fees, subscriptions or other monetary charges for the service. A “large electric vehicle charging station” includes the electrical and mechanical equipment as defined in Article 625 of the California Electrical Code, and any subsequent amendments, that is necessary to deliver electricity from a source outside an electric vehicle into a plug -in electric vehicle. It does not include ancillary equipment and facilities that are not directly necessary for the charging of plug-in electric vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilitie s, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.

18.04.255 – Hydrogen Vehicle Fueling Station.

“Hydrogen Vehicle Fueling Station” or "Hydrogen station" means a station designed and operated as the primary permitted uses on the site with the equipment used to deliver, store and dispense hydrogen fuel to passenger or commercial vehicles according to industry codes and standards that is open to the public, whether with or without the payment of fees, subscriptions or other monetary charges for the service. A “hydrogen vehicle fueling station” includes the physical and mechanical equipment, as defined in industry codes and standards, that is necessary to deliver, store and dispense hydrogen to pa ssenger or commercial vehicles. It does not include ancillary equipment and facilities that are not directly necessary for the delivery, storage and dispensing of hydrogen to hydrogen fuel -cell vehicles, including but not limited to, canopies (with or wi thout solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.”

SECTION 4. The City Council of the City of Colton hereby amends Section 18.06.060 of Chapter 18.04 of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.06 (Permitted Uses)

E. Residential Districts Table V-L R1 R2 R3/R4
Electric Vehicle Charging Station – Small, See Chapter 18.48 of this Title

P P P P
Plant Nursery, marijuana N N N N
Religious Assembly C C C C
Residential or Group Care Facility—Small (serving six or fewer persons)

P P P P
Residential or Group Care Facility—Large (serving seven or C C C C

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more persons)
Utility Distribution Facilities P P P P
1 Only applicable in Downtown Area as shown on Zoning Map.

F. Commercial Districts Table C-1 C-2 MU-D MU-N
Day Care Center Child or Adult MC MC MC MC
Dwelling—Compact Lots Subdivision, pursuant to Section

18.48.190 of Title 18.

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Dwelling—Single Family N N P P
Dwelling—Manufactured Home, pursuant to Section

18.48.060 of this Title

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P P P P
Instructional Services C P P N
Laundry services—Heavy N P N N

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”

SECTION 5. The City Council of the City of Colton hereby adds section 18.48.200 to Chapter 18.48 of Title 18 of the Colton Municipal Code to read as follows:

“Chapter 18.48 (Special Provisions)

18.48.200 – Electric Vehicle Charging Facilities and Hydrogen Vehicle Fueling Facilities

A. Purpose.

The purpose of this Section is to promote and encourage the development and use of zero - emission vehicle infrastructure by creating an expedited, streamlined permitting process that does not create unreasonable barriers to the installation of electric vehi cle charging stations and hydrogen vehicle fueling stations while promoting public health and safety in a manner consistent with California Government Code Section 65850.7. This section does not discourage implementation of alternative fuels and energy sy stems within existing service stations as addressed by Section 18.48.030 (Automobile Service Stations).

B. Applicability.

This chapter applies to the permitting of all electric vehicle charging stations and hydrogen vehicle fueling stations in the City. Electric vehicle charging stations and hydrogen vehicle fueling stations legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a charging station or hydrogen stations in such a way as to require a new permit.

C. Definitions.

"Building official" - See Section 16.08.060.

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“Electric Vehicle Charging Station”, “Small Electric Vehicle Charging Station” and “Large Electric Vehicle Charging Station” – See Section 18.04.195

"Electronic submittal" means e -mail, fax any computer based electronic plan review software maintained, operated, and utilized by the City for receiving applications through the internet.

“Hydrogen Vehicle Fueling Station” – See Section 18.04.255

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified , and written local, state or federal public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

D. Electric Vehicle Charging Station Requirements.

1. An electric vehicle charging station s hall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Labora tories, and, where applicable, rules of the Public Utilities Commission and the Colton Electric Utility or other applicable local electric utility company regarding safety and reliability.

2. Installation of electric vehicle charging stations and associat ed wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Installation of electric vehicle charging stations shall be incorpor ated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage of either floor -mounted o r wall -mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shal l not adversely affect building elements.

E. Hydrogen Vehicle Fueling Station Requirements. A hydrogen vehicle fueling station shall meet all of the following standards, as applicable:

1. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.

2. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.

3. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the “Hydrogen Station Permitting Guidebook”.

F. Expedited Permitting Process.

The Building Official shall implement expedited, streamlined permitting proce sses for

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Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. For hydrogen vehicle fueling stations, the expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Hydrogen Station Permitting Handbook” as published by the Governor’s Office of Business and Economic Development. The City's adopted checklists shall be published on the City's website.

G. Permit application process.

1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station or hydrogen vehicle fueling station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; hydrogen system capacity, piping and overpressure protection; building infrastructure affected by charging station or hydrogen station equipment and associated conduits/piping/ducting; and areas of charging station or hydrogen station equipment and vehicle circulation or parking.

2. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize, connect, fill or otherwise utilize an electric vehicle cha rging station or hydrogen vehicle fueling station until approval and all necessary permits are granted by the City.

4. For an electric vehicle charging station, the Building Official shall issue the notice not later than:

a. Five business days after submission of the application, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b. Ten business days after submission of the application, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue a written correction notice to the applicant within the time prescribed, the application shall be deemed complete.

5. A permit application for an electric vehicle charging station shall demonstrate compliance with Colton Electric Utility policies prior to

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approval.

6. The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

H. Permit Review.

1. The Building Offici al shall review all electric vehicle charging station and hydrogen vehicle fueling station applications to determine whether the charging station or hydrogen station meets all health and safety requirements of local, state and federal law. The requirements in this Section are declared to be limited to those standards necessary to ensure that the charging station or hydrogen station will not have an unmitigated specific adverse impact on public health and safety. Notwithstanding the expedited permit proces sing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.

2. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.

a. Twenty business days after the application is deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b. Forty business days after the application is deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue to the applicant a written denial/finding and referral to the Planning Commission for a conditional use permit within the time prescribed, the application shall be deemed approved.

4. The Building Official's decision may be appealed by the applicant to the Planning Commission by submitting a written request of review of such decision within five business days of such decision, r equesting review of such decision by the Planning Commission. Such request shall be made in writing to the Development Services Department. Upon receipt of such request, the Development Services Department shall schedule the matter for Planning Commission review, and shall forward to the Planning Commission for its consideration all of the documents and materials submitted with the permit application, together with a report of the decision

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of the Building Official and the reasons therefor. The Planning Commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. If the Planning Commission finds that there is not substantial evidence of a specific, adverse impact up on the public health or safety, the Planning Commission shall order issuance of the permits for the charging station or hydrogen station. If the Planning Commission finds that there is substantial evidence of a specific, adverse impact upon the public hea lth or safety, the Planning Commission shall order that the applicant apply for a conditional use permit pursuant to Section 18.58.060 of the Colton Municipal Code.

5. Notwithstanding any provision of Section 18.58.060 to the contrary, an application for a conditional use permit to install an electric vehicle charging station or hydrogen vehicle fueling station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installat ion would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission's decision may be appealed by the applicant to the City Council in the manner provided by Section

18.58.100 of the Colton Municipal Code.

6. Any conditions imposed by the Building Official, Planning Commission o r the City Council shall be designed to mitigate the specific adverse impact(s) upon the public health or safety at the lowest cost possible.

7. In the technical review of an electric vehicle charging station or hydrogen vehicle fueling station applicat ion, the Building Official, Planning Commission or City Council shall not condition the approval of any charging station or hydrogen station permit on the approval of such a station by an association, as that term is defined by California Civil Code Section 4080.

I. Additional Objective Health and Safety Standards for Electric Vehicle Charging Stations and Hydrogen Vehicle Fueling Stations.

1. For large electric vehicle charging stations and hydrogen fueling stations, the minimum lot size shall be 3.0 acres. Minimum street frontage for large electric vehicle charging stations and hydrogen fueling stations shall be 200 feet.

2. Building Setbacks: Same as underlying zoning.

3. Amenities. Amenities and other ancillary equipment and facilities that are not directly necessary for the charging of plug -in electric vehicles from an outside source, or the delivery, storage or dispensing of hydrogen to hydrogen fuel-cell vehicles, including but not limited to, canopies (with or without solar panels), patronag e resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities, are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architect ural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.

4. Building Height: Same as underlying zone.

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5. Security: All large electric vehicle charging stations and hydrogen fueling stations shall include a security plan subject to review and approval by Development Services and Police Department. The security plan may include, but is not limited to a security surveillance system, security personnel, or a perimeter wrought iron or tubular steel fence with visibility into the facility at a maximum height of 8 feet.

7. All proposed signage for the station shall be subject to Chapter 18.50 – Signs.

J. Fees.

The City Council may establish by resolution fees that shall be charged for permits issued under this chapter.”

SECTION 6. CEQA. The City Council finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment.

Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or uncons titutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

PASSED, APPROVED AND ADOPTED this day of , 2024.

Frank J. Navarro, Mayor

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ATTEST:

Stephanie Vargas, Deputy City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

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ITEM NO. 2

STAFF REPORT

DATE: MAY 21, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: APPROVE ANNUAL UPDATE TO CITY COUNCIL ON MILITARY EQUIPMENT PURSUANT TO CALIFORNIA AB481.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve an “Annual Military Equipment Use Inventory Report”; and

2. Renew Ordinance No. O-05-22 Approving an AB 481 Military Equipment Use Policy

BACKGROUND

Assembly Bill 481 (“AB 481”), codified at Government Code sections 7070 through 7075, requires the Colton Police Department (“Department”) to obtain annual approval from City Council of its military equipment use policy (“Policy”) in order to continue the use of previously acquired military equipment. The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The list of items considered “military equipment” by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety. Provided as an attachment to this staff report is the updated inventory list of military equipment that the department maintains, in accordance with Government Code section 7072. The use of the military equipment identified on the inventory list is vital to the Department’s mission and will continue to be strictly regulated through internal processes and oversight.

ISSUES/ANALYSIS
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On May 3, 2022, the City Council adopted Ordinance No. O -05-22 adopting a Military Equipment Use Policy, in accordance with AB 481. A copy of the Policy is included as an attachment to this staff report. For the Department to continue using the equipment a uthorized under the Policy, the Department must submit an Annual Report to City Council, that includes the following:
1) A summary of how the military equipment was used and purpose of its use. 2) A summary of any complaints or concerns received concern ing the military equipment.
3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. 4) The total annual cost for each type of military equipment, including acquisiti on, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year submission of the annual military equipment report.
5) The quantity possessed for each type of military equipment. 6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Department is committed to utilizing equip ment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.

Ordinance No. O -05-22 and the adopted Policy provide safeguards to the public’s safety, welfare, and civil rights and ensures transparency, oversight and accountability measures are in place. As examples, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to the City Council the use of this equipment and seek approval prior to acquiring any additional military equipment.

The Colton Police Department webpage will be utilized for distribution of any updates to the above materials as well as for this Annual Report.

ENVIRONMENTAL DETERMINATION

The City Council’s action to approve the annual report and to renew Ordinance No. O -05-22 is not a project subject to the California Environmental Quality Act, as it can be seen with certainty that the action will not have a significant effect on the environment pursuant to CEQA Guideline 15061(b)(3).

FISCAL IMPACT

The adopted Fiscal Year 2024 -25 budget includes appropriations for the maintenance and fuel cost of the equipment and supplies currently owned and utilized by the Department. The Department anticipates requesting funding to make an additional equipment purchase that would 2 Packet Pg. 54
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fall within the scope of the Policy in the forthcoming year and are outlined in the attached 2024 Annual Military Equipment Report. Requests to purchase additional items of equipment that are not covered in the initial funding/budgeting request will be made on an as -needed basis, and proposed funding sources will be identified at the time of the requests.

ALTERNATIVE

1. The City Council can decide not to renew Ordinan ce No. O-05-22 and/or not approve the annual report. If City Council decides not to renew the Ordinance, or not to approve the annual report, the Colton Police Department will no longer be allowed to utilize the specified equipment listed in the Military Equipment Inventory, and the equipment will be disposed of accordingly as required by state law. Therefore, City staff does not recommend this alternative.

2. Provide alternative direction.

ATTACHMENT

1. AB 481 2024 Inventory

2. Policy 707 Colton Military Equipment Use Policy

3. ORDINANCE NO. O-05-22

4. 2024 – Annual Military Equipment Report
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Exhibit A

2024 COLTON POLICE MILITARY EQUIPMENT INVENTORY

Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:
b. 1 Qty. DJI Matrice 350 $12,149
c. 2 Qty. DJI Matrice 30T $9,637
d. 4 Qty. DJI Mavic 3 Thermal $5,478

e. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

1. major collision investigations.

2. search for missing persons.

3. natural disaster management.

4. crime scene photography.

5. SWAT, tactical or other public safety and life preservation missions.

6. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention. f. Authorized Use

Only assigned operators who have completed the required training shall be permitted to operate the UAS during approved missions.

g. Expected Life Span
10 years for all equipment.
h. Fiscal Impact

One-time purchase using San Bernardino County Board of
Supervisor Funds.

i. Training

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Attachment: AB 481 2024 Inventory (4451 : AB 481 Report) Each operator must attend a 40-hour Department training and ongoing quarterly training.
j. Legal and Procedural Rules
The Department will utilize UAS for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Description, quantity, capabilities, and purchase cost LENCO BEARCAT, cost: $339,920.000, quantity: 2. The Lenco Bearcat, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor
b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use
The use of armored vehicles shall only be authorized by a supervisor, based on the specific circumstances of a given critical incident.
d. Lifespan
25 years.
e. Fiscal Impact
One-time purchase with ARPA Funds.
f. Training
Armored vehicle uses and training takes place during annual trainings provided by the department. All sworn personnel are trained in the tactics and capabilities of armored vehicles. g. Legal and Procedural Rules

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Attachment: AB 481 2024 Inventory (4451 : AB 481 Report) It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, and pursuant to State and Federal law.

Long Range Acoustic Device (LRAD) Long Range Acoustical Device: (LRAD) is a high-intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.
a. Description, quantity, capabilities, and purchase cost LRAD 1000x Mag (received on a grant) Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD ensures voice messages are clearly heard and understood. Obtained by the Department on a military equipment grant program. LRAD is shared by Inland Valley SWAT agencies. b. Purpose
To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.).

The LRAD may also be used to issue a warning tone.

c. Authorized Use
The LRAD shall only be used by officers trained in its deployment d. Lifespan
No life expectancy

e. Fiscal Impact
None

f. Training
All operators receive training prior to operating any of the LRAD’s in the field.

g. Legal and Procedural Rules
It is the policy of the department to utilize the LRAD for official law enforcement purposes, and pursuant to State and Federal law.

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Attachment: AB 481 2024 Inventory (4451 : AB 481 Report) 40 MM Launchers and Rounds: 40MM LMT Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. a. Description, quantity, capabilities, and purchase cost DEFENSE TECHNOLOGY, 40MM LMT SINGLE SHOT
LAUNCHER, cost: $1000, quantity 7. The 40MM Single Launcher is a tactical single shot launcher.

DEFENSE TECHNOLOGY. 40MM Multi-Launcher, cost $2,700,
quantity 3. The 40MM Single Launcher is a tactical multi shot launcher.

DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE,
#6325, cost: $18, quantity: Colton PD 42. A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher with a rifled barrel. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance.

DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT MARKING,
#6326, cost: $18, quantity: Colton PD 8. A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher with a rifled barrel. The 40mm Direct Impact Marking Round provides accurate and effective performance when fired from the approved distance.

DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE LE
EXTENDED RANGE, #6325LE, cost: $18, quantity: Colton PD 34.

A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher with a rifled barrel. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative
individuals.

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2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be
obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
d. Training
Sworn members utilizing 40MM less lethal chemical
agents or impact rounds are trained in there use by
POST certified less lethal and chemical agent instructors e. Lifespan
25 years.

f. Fiscal Impact
No annual fiscal impact.

g. Legal and Procedural Rules

It is the policy of the Colton Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed
a. Description, quantity, capabilities, and purchase cost Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Colton Police Department and Inland Valley SWAT team as a non-lethal tool to disperse rioting suspects and on barricaded suspects per Colton Police Department Policy and applicable law. The Colton Police Department uses chemical agents which are used by law enforcement across the United States: CS (2
Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow).

CS has been medically tested in the UK and US, specifically by the U.S.

Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Colton Police Inventory
Defense Technology Flameless Tri-Chamber CS -5
Defense Technology Han-Ball CS - 9

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Attachment: AB 481 2024 Inventory (4451 : AB 481 Report) Defense Technology Aerosol OC Vapor - 5
Defense Technology 40mm Muzzle Blast OC - 10
Defense Technology Han-Ball Saf-Smoke - 5
Defense Technology Mark IX OC Fogger 13.4 oz – 6
Pepper Ball FTC Launcher, .68 caliber, quantity 1
Pepper Ball Live-X .68 caliber projectile, quantity 90

Inland Valley SWAT Inventory
Defense Technology 40 mm Liquid Ferret - 83
Defense Technology Pocket Tactical CS -15
Defense Technology Pocket Tactical Smoke - 11
CTS 5230 Baffle CS - 12
Defense Technology Smoke - 6
Aerosol/OC Vapor - 5
Defense Technology OC Stinger Handball - 2
Defense Technology Triple Chaser Smoke - 3
Defense Technology CS Stinger Handball - 2
Defense Technology Flameless Tri-Chamber CS - 4
Defense Technology Spede Heat CS - 9
Defense Technology Riot Control CS - 2
Defense Technology Triple Chaser CS - 2
Defense Technology Spede Heat CS 40 mm - 14

b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
i. Self-destructive, dangerous and or combative individuals ii. Riot/crowd control and civil unrest incidents
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals
v. Training exercises or approved demonstrations.

c. Authorized Use
Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

d. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
e. Lifespan
5 years from manufacturing dates

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f. Fiscal Impact
No annual cost.

g. Legal and Procedural Rules
It is the policy of the Department and Inland Valley SWAT to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal Law, including Fontana Police Use of Force policy.

Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
a. Description, quantity, capabilities, and purchase cost REMINGTON LESS LETHAL SHOTGUN, cost: $700, quantity: 25. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De- escalation.
12-GAUGE SUPER-SOCK BEANBAG ROUND DRAG STABALIZED,
cost: $5, quantity: 465. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270 feet per second (FPS). Defense Technologies Super-Sock #3027 rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than twenty (20) feet. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

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Attachment: AB 481 2024 Inventory (4451 : AB 481 Report) d. Lifespan
Five years.
e. Fiscal Impact
None
f. Training
All officers are trained in the 12-gauge less lethal shotgun as a less lethal option by in-service training.
h. Legal and Procedural Rules
It is the policy of the Colton Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. a. Description, quantity, capabilities, and purchase cost Defense Technology, 8933 Low Roll Distraction Device, cost: $50, quantity: 44. Shared equipment for Inland Valley SWAT. A non- bursting, non-fragmenting, limited rolling device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
b. Purpose
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds)
physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use
Diversionary Devices shall only be used:
 By officers who have been trained in their proper
use.
 In hostage and barricaded subject situations.
 In high-risk warrant (search/arrest) services where
there may be extreme hazards to officers or there
is no response from suspects from
announcements

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Attachment: AB 481 2024 Inventory (4451 : AB 481 Report)  During other high-risk situations where their use
would enhance officer safety.
 During training exercises.
d. Lifespan
Until used.
e. Fiscal Impact
No annual maintenance.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors. SWAT team members consistently train on the use of distraction devices.
g. Legal and Procedural Rules
It is the policy of the Colton Police Department and Inland Valley SWAT to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Rifles: Guns that are fired from shoulder level, thereby have greater accuracy over a long distance.
a. Description, quantity, capabilities, and purchase cost Colt LE 6920-5.56mm Patrol/Training, quantity 42, cost $1,000 each.

Colt LE 6933-5.56mm, Patrol, quantity 17, cost $1,000 each.

Colt M16A1-5.56mm, Honor Guard/Station, quantity 12, No Cost 1033 Program
Bushmaster XM 15-E2S-5.56mm, Training, quantity 1, Cost $800 each.

Eagle Arms AR-15 5.56mm, Training, quantity 1, $800 each.

Geissele SD-556, 5.56mm, SWAT, quantity 10, $1,000 each.

B & T APC9SD, .9mm, Admin/Detectives, quantity 10, $2,500each b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

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Attachment: AB 481 2024 Inventory (4451 : AB 481 Report) c. Authorized Use
Only members that have successfully completed department rifle training are authorized to use a rifle. (Policy 307.3.3) d. Lifespan
No expiration
e. Fiscal Impact
None.
f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
g. Legal and Procedural Rules
Use is established under policy 307 of the Colton Police Department. It is the policy of the Colton Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Mobile Command Center: A vehicle used mobile office that provides shelter, access to Department computer systems, dispatch equipment, and restroom facilities during extended events.

a. Description, quantity, capabilities, and purchase cost Workhorse Chassis (custom Built) vehicle, cost: $260,000, quantity

1. b. Purpose
To be used during critical incidents, special/community events, natural disasters, SWAT, and investigations.
c. Authorized Use
Department personnel trained in the deployment and operations of the Mobile Command Center.
d. Lifespan
20 years.
e. Fiscal Impact

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Attachment: AB 481 2024 Inventory (4451 : AB 481 Report) One time purchase with general maintenance fees.
f. Training
Drivers/operators receive basic training in driving and deploying the Mobile Command Center and related systems.
g. Legal and Procedural Rules
It is the policy of the Department to utilize Mobile Command Centers for official law enforcement purposes, and pursuant to State and Federal law.

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Attachment: AB 481 2024 Inventory (4451 : AB 481 Report) Policy
707
City of Colton Police Department
Colton PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by City of Colton Police Department ***DRAFT*** Military Equipment Use Policy - 1 Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
The purpose of this policy ("Policy")is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 ("AB 481") (California Government Code § 7070, et seq.)
707.1.1 DEFINITIONS
Definitions related to this Policy include ((those provided in Government Code section 7070, and as follows:

Governing body – The City of Colton City Council ("City Council") Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Codesection 30510 and Penal Code section 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by the City Council to require additional oversight.

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Attachment: Policy 707 Colton Military Equipment Use Policy (4451 : AB 481 Report) City of Colton Police Department
Colton PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by City of Colton Police Department ***DRAFT*** Military Equipment Use Policy - 2 707.2 POLICY
It is the Policy of the City of Colton Police Department that members of this department comply with the provisions of AB 481 with respect to the funding, acquisition and use of military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of City of Colton Police Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting; and.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website. (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying military equipment for the Department is attached to this Policy:

See attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY.pdf 707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting this Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Policy is submitted to the City Council and is available on the department website at least thirty (30) days prior to any public hearing concerning the Policy. The Policy must be approved by the governing body prior to engaging in any of the following:
(a) Requesting military equipment made available pursuant to 10 USC § 2576(a).

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Attachment: Policy 707 Colton Military Equipment Use Policy (4451 : AB 481 Report) City of Colton Police Department
Colton PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by City of Colton Police Department ***DRAFT*** Military Equipment Use Policy - 3 (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for the use and in accordance with this Department Policy. Military equipment used by other jurisdictions that are providing mutual aid to the City of Colton, or otherwise engaged in law enforcement operations in this City, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function related to a criminal matter under their investigation. 707.7 ANNUAL REPORT
Upon approval of this Policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code section 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Attachment: Policy 707 Colton Military Equipment Use Policy (4451 : AB 481 Report) Colton PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by City of Colton Police Department ***DRAFT*** Attachments - 4 Attachments

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Attachment: Policy 707 Colton Military Equipment Use Policy (4451 : AB 481 Report) Attachment
Colton PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by City of Colton Police Department ***DRAFT*** COLTON POLICE MILITARY EQUIPMENT
INVENTORY.pdf - 5

COLTON POLICE MILITARY
EQUIPMENT INVENTORY.pdf
COLTON POLICE MILITARY EQUIPMENT INVENTORY.pdf

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CITY OF COLTON
2024 – Annual Military Equipment Report,
Prepared Pursuant to Government Code § 7072
In accordance with Government Code section 7072, the Colton Police Department hereby submits for City Council review and approval the following annual military equipment report.

1. A. summary of how the military equipment was used and the purpose of its use.

All military equipment owned by the Department, which is detailed in Exhibit A to the Department’s Military Equipment Use Policy, was used exclusively for the purposes designated by that Policy. In general, those purposes include use of standard patrol rifles and projectiles; use of unmanned aircraft systems for enhanced investigation and community safety; use of armored vehicles in response to critical incidents, to enhance officer and community safety and improve scene containment and stabilization; use of long range acoustic devices to issue dispersal orders during crowd and riot control situations, or address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents; use of 40 millimeter LMT launchers and rounds to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; use of chemical agents and smoke canisters (by officers who are properly POST certified) to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; use of beanbag rounds and less lethal shotguns to limit conflict escalation and use of lethal force ; and use of distraction devices to produce atmospheric over - pressure and brilliant white light to cause short -term (6 -8 secon ds) of physiological/psychological sensory deprivation to give officers a tactical advantage.

2. A summary of any complaints or concerns received concerning the military equipment.

The Department did not receive any complaints or citizen outreach concerning the Department’s Military Equipment Use Policy or ongoing use of said equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

There were no violations of the Policy, and accordingly, no audits or actions took place in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from w hat source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

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Attachment: 2024 – Annual Military Equipment Report (4451 : AB 481 Report) There were costs associated with military equipment in Fiscal Year 2023-24. City Council authorized the purchase one Lenco Bearcat Armored Vehicle delivered on 12/18/23 paid in full on 01/24/24 $339,920 using ARPA Funds. The city council approved the purchase of 7 UAS Drones ($100,000 Board of Supervisors Funds) with an expected delivery date in 2024 . The department has also ordered 5 B & T .9mm rifles ($12,500 PD Safety Equipment account 100-6070-6071-1180) for the detective bureau expected delivery in 2024. Lastly, the department has ordered 24 Qty. CTS Distraction Devices ($1,380) expected delivery in 2024. These costs were anticipated in the City’s FY2023-24 budget.

Military equipment purchased during the calendar year following the submission of this annual report will be paid for out of the general fund and will be reported to the City Council next year as part of the Department’s annual update. The quantity possessed for each type of military equipment.

The quantity for each type of military equipment, including any new equipment purchased since last year’s inventory was provid ed, is listed in Exhibit A to the Military Equipment Use Policy, attached as part of this report and available on the Police Department website and in person at the Department.

5. Military equipment sought in the next year and the quantity sought for each type of military equipment.

The Department presently has plans to purchase the following additional military equipment, along with estimated costs, in the year following the 202 4 Report. All purchases will be documented and accounted for in the next annual report.

 Forty (40) Distraction Devices
 One (1) Tactical Robot
 One (1) UAS Drone

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Attachment: 2024 – Annual Military Equipment Report (4451 : AB 481 Report)

ITEM NO. 3

STAFF REPORT

DATE: MAY 21, 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 BUDGET WORKSHOP MEETINGS HELD ON APRIL 29, 2024 AND MAY 06,
2024, AND FOR THE CITY COUNCIL REGULAR MEETING HELD
ON MAY 7, 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 Budget Workshop Meetings Held on April 29, 2024 and May 06, 2024, and for the City Council Regular Meeting Held on May 7, 2024.

BACKGROUND
Minutes for the City Council Budget Workshop Meetings Held on April 29, 2024 and May 6, 2024, and for the City Council Regular Meeting Held on May 7, 2024.

FISCAL IMPACTS
None

ATTACHMENT

1. 04-29-2024 - Draft Minutes - Special Meeting- Budget Workshop #1

2. 05-06-2024 - Draft Minutes - Special Meeting - Budget Workshop 2

3. 05-07-2024 Draft Minutes - Regular Council Meeting
3 Packet Pg. 102
April 29, 2024 Special City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

SPECIAL MEETING MINUTES

April 29, 2024

A Special Meeting of the City Council of the 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 April 25, 2024, in compliance with Government Code Section 54956(a).

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

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

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF APRIL 29 , 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 br ief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.

PUBLIC COMMENT
The following community members addressed the Council: Buster Doshier, Freddie Hernandez, Terri Canela, Marcos Meza, Sabrina Valuerde, Celest Carillo, and Pam Lemos.

DISCUSSION ITEMS

1. Fiscal Year 2024-25 Budget Workshop #1

City Manager Smith announced that the item for discussion is the first of tw o scheduled budget workshops for the fiscal year 2024 -2025; with the second budget workshop to be held on May 6, 2024. Tonight’s meeting is related to the General Funds Budget and the City Manager asked Councilmembers to wait until the presentation is completed to ask questions.

Staff Presentation
Stacey Dabbs, Finance Director, presented with the assistance of a PowerPoint prese ntation: City of Colton FY 24/25 Workshop #1.

Agenda
 Budget Process Overview
 General Fund Revenues

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Attachment: 04-29-2024 - Draft Minutes - Special Meeting- Budget Workshop #1 (4499 : Draft Minutes 04-29-24, 05-06-2024, & 05-07-2024) April 29, 2024 Special City Council Meeting 2 -
 General Fund Expenditures
 Fund Balance Overview

Budget Process Overview
 Prior Fiscal Year Audited Financials (December)
 Mid-Year Budget Review (February)
 Department Budget Development (January – March)
 Finance Department Analysis & Recommendations (March – April)  City Manager Recommendations, Committee Recommendations, and Budget Workshops (April- May)  Budget Adoption (May – June)

City Priorities
 Fiscal Sustainability
 Investment in Public Safety
 Quality of Life for Community
 Economic Development and Housing
 Upgrade Infrastructure, Public Facilities, and Expand Major Roadways to Accommodate for Growth  Promote Legislative Affairs and Networking with Intergovernmental Agencies  Invest in Parks and Safer Routes to School for Children

General Fund Update
 Revenues
 Expenditures
 Service Level Amendments
 Authorized Positions List
 Budget Highlights
 Fund Balance Overview
 Five-Year Financial Forecast (2025-2029)
 Revenue & Expenditure Projections
 GFT Committee and Finance Committee Recommendations
 FY 2024-25 Budget Timeline

Recommendation
 Adopt FY 2024-25 Budget as Presented

Council Discussion
Discernment and discussion between Counc ilmembers; with clarification provide by staff: Finance Director Stacey Dabbs, City Manager William R. Smith, Fire Chief Timothy McHargue, Deputy Fire Chief Ray Bruno, Electric Director Charles Berry, Community Services Director Deb Farrar, Acting Police C hief Tim Heusterberg.

Direction to Staff
None

ADJOURNMENT
At 7:21 p.m., Mayor Navarro adjourned the Special Council Meeting.

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

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Attachment: 04-29-2024 - Draft Minutes - Special Meeting- Budget Workshop #1 (4499 : Draft Minutes 04-29-24, 05-06-2024, & 05-07-2024) May 6, 2024 Special City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

SPECIAL MEETING MINUTES

May 6, 2024

A Special Meeting of the City Council of the 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 May 2, 2024, in compliance with Government Code Section 54956(a).

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

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

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Proclamation – Municipal Clerk’s Week

Mayor Navarro read a Proclamation Certificate declaring May 5, 2024 – May 11, 2024 Municipal Clerk’s Week in recognition of the time honored and vital part of local government that Municipal Clerks serve in throughout the world. Mayor Navarro also extended appreciation to the City of Colton’s Deputy City Clerk, Stephanie M. Vargas, and City Clerk Office staff, Stacy Dunning and Michelle Guillen.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF MAY 6, 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.

PUBLIC COMMENT
None

DISCUSSION ITEMS

1. Fiscal Year 2024-25 Budget Workshop #2

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Attachment: 05-06-2024 - Draft Minutes - Special Meeting - Budget Workshop 2 (4499 : Draft Minutes 04-29-24, 05-06-2024, & 05-07-2024) May 6, 2024 Special City Council Meeting 2 -
City Manager Smith introduced Budget Workshop item #2 to c ouncil and explained that t he Budget Workshop item #1 was meant to address the General Fund, whereas this Budget Workshop #2, would address the other funds; Smith asked councilmembers to wait until the full presentation is completed to ask questions.

Staff Presentation
Stacey Dabbs , Finance Director , reported on the following items with the assistance of a PowerPoint presentation: City of Colton FY 2024-2025 Workshop #2:

Enterprise Funds Overview
Enterprise Funds are used to account for any activity for which a fee is charged to external users for goods and services if the activity’s principal revenue source meets certain criteria.

 Electric Utility Fund
 Water Utility Fund
 Wastewater Utility Fund

Other Funds Overview

Special Revenue Funds
Special Revenue Funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specified purposes.

Internal Service Funds
Internal Service Funds provide services to city departments and recover their costs through user charges.

Capital Projects Funds
Capital Projects Funds are used to account for and report the financial resources that are restricted, committed, or assigned to expenditure for capital projects/outlays.

Debt Service Funds
Debt Service Funds are used to account for the accumulation of resources for and the payment of principal and interest on bonds issued in support of governmental activities.

Assessment District Funds
Community Facility and Special Assessment District Funds are used to account for and report t he revenues received from special tax assessments to fund debt service and sp ecial services provided by the c ity for each respective district.

Budget Timeline
Director Dabbs concluded with target date to return for approval of the Fiscal Year 2024 -25 Budget at the May 21, 2024 council meeting.

Council Discussion
Discernment and discussion between Councilmembers; with clarification provide by staff: Finance Director Stacey Dabbs, Electric Utilities Director Charles Berry, Public Works Utilities Director Brian Dickinson, and City Manager William Smith.

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Attachment: 05-06-2024 - Draft Minutes - Special Meeting - Budget Workshop 2 (4499 : Draft Minutes 04-29-24, 05-06-2024, & 05-07-2024) May 6, 2024 Special City Council Meeting 3 -

CITY MANAGER REPORT
City Manager Smith explained that the b udget will be presented to the city c ouncil as it is for approval at the May 21, 2024 Regular Council Meeting.

ADJOURNMENT
At 6:46 p.m. Mayor Navarro adjourned the Special Council Meeting.

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

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Attachment: 05-06-2024 - Draft Minutes - Special Meeting - Budget Workshop 2 (4499 : Draft Minutes 04-29-24, 05-06-2024, & 05-07-2024) March 7, 2024 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

May 7, 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, Chastain, González, Mayor Pro Tem Echevarria and Mayor Navarro.

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

PUBLIC COMMENT
None

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

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

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

City Attorney Reports/Reportable Action

City Atto rney Campos announced that the city c ouncil met in Clos ed Session and discussed Item A and B; direction was given but there was no reportable action.

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Attachment: 05-07-2024 Draft Minutes - Regular Council Meeting (4499 : Draft Minutes 04-29-24, 05-06-2024, & 05-07-2024) March 7, 2024 Regular City Council Meeting 2 -
March 7, 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 Josue Zapata – Centerpoint 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

 Proclamation – Colton Area Museum Day
Council Member González read and presented a proclamation to the Museum Board Members recognizing May 4, 2024 as Colton Area Museum Day.

 Recognition – American Public Power Association Honor Roll Employee Awarded to Adrianne Rogers Charles Berry, Electric Utilities Director, presented the American Public Power Association Honor Roll Employee Award to Adrianne Rogers, Senior Energy Services Specialist. Mayor Frank J. Navarro also presented Adrianne Rogers with a Certificate of Recognition from the City of Colton for her exceptional performance in accomplishments and for her dedication and hard work.

 Recognition – Hometown Heroes Program: New Military Banner Installation.

Heidi Strutz, Recreation Services Manager, introduced the New Military Banner recipients and invited them to come up to the podium, one by one, in order to be honored for their service. Accompanied by their close family members and friends, a short biography highlighting their accomplishments was read and then Strutz presented them each with a replica military banner.

Military Banner Recipients:

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 Name: Hector Reynoso – Veteran Banner
Branch: United States Army

 Name: Hector Reynoso -– Memorial Banner
Branch: United States Army

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF MAY 7, 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 p resent if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.

APPOINTMENTS

 Appointment – Recreation and Parks Youth Commissioner – Genesis Rodela Uriarte

CM González submitted the name of Genesis Rodela Uriarte for appointment to the Recreation and Parks Commission as a Youth Commissioner.

Consensus by Councilmembers present; no objections, so ratified.

MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS

(1) Appeal of Modi fication 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.

The City Manager William R. Smith requested that the City Council open the Public Hearing and then continue the item to the June 4, 2024 Regular Council meeting due to the applicant’s request and the recommendation of staff.

The Mayor opened the Public Hearing.

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

Motion and Second by CM González/ MPT Toro to continue the Public Hearing to the June 4, 2024 C ouncil Meeting.

Vote: Unanimous, Motion Passes

(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.

Mayor Navarro declared the Public Hearing open.

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

Staff Presentation
Heidi Strutz, Recreation Services Manager, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

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

Vote: Unanimous, Motion Passes.

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

Recreation Services Manager Heidi Strutz and Community Services Director Deb Farrar.

Motion and Second by MPT Echevarria/ CM Toro to Approve and Adopt Resolution No. R-33-24.

Vote: Unanimous, Motion Passes.

BUSINESS ITEMS
(1) Economic Development Presentation - Economic Development Presentation.

Staff Presentation
Economic Development Manager , Thomas Welch, gave a presentation on the progress of the City of Colton’s Economic Development.

Public Comment
None

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Council Discussion
Discernment and discussion between the Councilmembers present, with clarification and comments provided by Economic Development Manager Thomas Welch.

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PUBLIC COMMENT
The following community members addressed the Council: Angela Wilkinson, Christine Irish Re, Rick Shield, Jeffery Cortez, Mark Garcia, and Gary Grossich.

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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 4 through 19.

Councilmembers present selected items for clarification by staff: CM Chastain, Item 15 and 16. Tim McHargue provided the clarification needed.

Motion and Second by CM González/CM Chastain to approve consent calendar Items 4 through 19.

Vote: Unanimous, Motion Passes

(5) Minutes - Approval of Minutes for the City Council Regular Meeting Held on February 06, 2024 on file in the Office of the City Clerk.

(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.

(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.

(6) City Treasurer's Report - Receive and File City Treasurer's Report for February 2024.

(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.

(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.

(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.

(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.

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(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.

(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.

(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.

(14) Notice of Completion - Well Pumping Plant 31 - Approve Notice of Completion for Well Pumping Plant 31.

(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.

(16) Property Disposition - 1914 Jitney Bus - Approve the Property Disposition of the 1914 Jitney Bus, Currently Housed in the Fire Department.

(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.

(18) Purchase - Toyota of Redlands - Approve Purchase of 7 Vehicles for the Police Department from Toyota of Redlands.

(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).

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 7:47 p.m.. Mayor Navarro adjourned the Regular Council Meeting in Memorium for Gerald Catz; a moment of silence was observed in their honor.

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

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ITEM NO. 4

STAFF REPORT

DATE: MAY 21, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 211938 TO 212053 DATED 04/18/2024 AND TOTALING $425,807.57; VOUCHER NUMBERS
212054 TO 212195 DATED 04/25/2024 AND TOTALING $970,939.30; VOUCHER NUMBERS 212196 TO 212272 DATED 04/30/2024 AND
TOTALING $84,046.65; AND A PAYROLL DISBURSEMENT
LISTING DATED 03/30/2024 TO 04/12/2024 TOTALING
$1,135,783.95.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve voucher numbers 211938 to 212053 dated 04/18/2024 and totaling $425,807.57; voucher numbers 212054 to 212195 dated 04/25/2024 and totaling $970,939.30; voucher numbers 212196 to 212272 dated 04/30/2024 and totaling $84,046.65; and a payroll disbursement listing dated 03/30/2024 to 04/12/2024 totaling $1,135,783.95.

BACKGROUND

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

ISSUES/ANALYSIS

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

FISCAL IMPACTS

None.
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ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
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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. 5

STAFF REPORT

DATE: MAY 21, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM WELCH, ECONOMIC DEVELOPMENT MANAGER
SUBJECT: APPROVE AGREEMENT WITH BLAIS & ASSOCIATES TO

PROVIDE GRANT WRITING SERVICES FOR SAN BERNARDINO

COUNTY, DEPARTMENT OF COMMUNITY DEVELOPMENT AND
HOUSING (CDH), HOUSING DEVELOPMENT FUND.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1) Approve the professional services agreement for Bla is & Associates to provide grant writing services for the CDH funding, in the amount of $8,745, and waiving the competitive bidding process in accordance with Colton Municipal Code 3.08.140(e), and

2) Authorize the City Manager to execute all contracts necessary to proceed.

BACKGROUND

The San Bernardino County Department of Community Development and Housing invites applications from qualified entities to apply for a housing development grant to accelerate the production of new housing units to address and prevent homelessness. The San Bernardino County Board of Supervisors approved the County Homeless Initiatives Spending Plan to direct $72,700,000 for a multi-faceted approach for the Homeless Strategic Action Plan. The Homeless Initiatives Spending Plan allocated $20 million of funding to establish a housing development grant fund to accelerate the production of new housing units to address and prevent homelessness. The Development Fund is designed to provide gap funding to support projects currently underway in cities and communities.

The City of Colton intend ed to secure $6,163,317.26 in gap funding for the Regency Palms project, located at 839 Fairway Drive in Colton, CA. Regency Palms is an affordable housing, 5 Packet Pg. 187
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Agreement - Blais & Associates
May 21, 2024

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low-income, 80-unit/103-bed assisted li ving and memory care facility for seniors 55 and older.

The new two -story 65,424 square -foot facility is located on a 1.95 -acre lot within the R -3 (Multiple Family Residential) Zone. Colton residents applying for the Assisted Living Waiver (ALW) from Medi-Cal will have priority housing, making affordable housing with personal and medical services available to seniors. The construction of the building is 60% complete, and gap funding of $6,163,317.26 was needed to complete the project.

After the grant w as submitted, Economic Development was informed that the owner of the property has secured alternative funding to complete the project, so this grant application will be withdrawn. However the work to submit the grant has been completed.

ISSUES/ANALYSIS

The City of Colton currently contracts with Blais and Associates for grant writing services, coordinated through the City Manager's Office. The proposed fee for grant writing services for the CDH project totals $8,745.00. When combined with expenses for grant services from other City Departments, this exceeds the City Manager's $50,000 threshold.

According to Colton Municipal Code 3.08.140(e), the City Manager has the authority to waive competitive bidding for professional services contracts if it ’s deemed in the City ’s best interest.

Considering Blais and Associates ’ demonstrated expertise and successful track record in grant writing for the City, and the short timeline associated with this grant, staff believe d it was advantageous to award them this additional work for the CDH project.

FISCAL IMPACTS

Sufficient appropriations for the grant writing services are budgeted and available in the FY2023-24 adopted budget in Economic Development Professional Services Account #100 - 6020-9050-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.
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ITEM NO. 6

STAFF REPORT

DATE: MAY 21, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 1 FOR THE

FLOORING REPLACEMENT AT VARIOUS LOCATIONS PROJECT
WITH MIKE’S CUSTOM FLOORING, INC.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve Contract Change Order No. 1 for the Flooring Replacement at Various Locations Project with Mike’s Custom Flooring, Inc. in the amount of $11,041.60.

2. Authorize the City Manager to execute Change Order No. 1 with Mike’s Custom Flooring, Inc.

BACKGROUND

Various City of Colton building facilities have been in need of flooring replacement due to standard wear and tear over the years. These facilities include the City of Colton Library, the City of Colton Hutton Center, the City of Colton Corporate Yard – Lobby and Conference Room, the Fire Department, the Hermosa Cemetery – Administrative Building, and the Hermosa Cemetery – Chapel.

ISSUES/ANALYSIS

In accordance with Colton Municipal Code (CMC) Section 3.08.050 (B), the City Public Works Building Maintenance Supervisor requested three informal quotes from multiple known local vendors for the Flooring Rep lacement at Various Locations Project. All bids came in under $50,000 and as such, on October 16, 2023, per the recommendation of staff, the City Manager 6 Packet Pg. 189
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awarded a contract to the lowest responsible bidder, Mike’s Custom Flooring, Inc., in accordance with the Public Project Informal Bidding Procedure, in the amount of $47,162.19.

During the installation, moisture content tests were conducted and excessive moisture content was discovered at multiple , but not all City of Colton facilities where flooring wa s to be replaced. The affected sites/buildings include the City of Colton Library, the City of Colton Corporate Yard – Lobby and Conference Room, and the Hermosa Cemetery – Administrative Building. The City Public Works Maintenance Supervisor requested informal quotes, from the contractor, for the additional work needed to address the excessive moisture content found at these specific locations. The quotes are included in Exhibit “A” attached to Contract Amendment No. 1. The total costs for Change Ord er No. 1 is $11,041.60. In the interest of mitigating the excessive moisture found at the aforementioned flooring locations and the additionally required flooring preparation, staff recommends City Council approve proposed Change Order No. 1.

FISCAL IMPACTS

The total contract amount, including Change Order No. 1, is $58,203.79. Sufficient appropriations for the change order for the Flooring Replacement at Various Locations Project, are budgeted and available in the Building Maintenance Building Account 605-6150-6211-4950- 0000-000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Change Order

2. Exhibit B - Informal Change Order Quotes
6 Packet Pg. 190
DATE:

FROM: Tony Soto
TO:

INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:

Add additional roof repairs to the original scope of work I. ADDITIONAL QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1.00 LS 8,119.41$ = 8,119.41$
Moisture Mitigation
2 1.00 LS 2,408.19$ = 2,408.19$
Grind Enitre Floor
3 1.00 LS 514.00$ = 514.00$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
TOTAL AMOUNT OF CHANGE ORDER #1 TOTAL = 11,041.60$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 47,162.19$
CHANGE ORDER NO.1 = 11,041.60$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 58,203.79$ Brian A. Dickinson, Public Works & Utilitity Services Director DATE Eric Esparza, CEO DATE
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.

William R. Smith, City Manager DATE
Hermosa Cemetery - Administrative Building
Additoinal Floor Prep

CITY OF COLTON
May 7, 2024
CONTRACT CHANGE ORDER NO. 1
The amount of the contract will be increased by the sum of $11,041.60 (23.41% of the contract amount) and contract time shall be extended until December 30, 2024. The undersigned Contractor approves the foregoing Change Order # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

City of Colton Library
Flooring Replacement at Various Locaitons Project

PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
Mike's Custom Flooring, Inc.
1351 Park Ave. Suite #102
Redlands, CA 92373
City of Colton Corporate Yard - Lobby & Conference Room 1 of 1

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Attachment: Exhibit A - Change Order (4505 : Change Order - Mike's Custom Flooring) 1351 Park Ave. Suite 102, Redlands CA 92373
Flooring Bid
Office (909) 335-0400
Contractor's License # 426696
DIR # 1000017563
Project Name Date Project No.

City Library - Moisture Mitigation 1/8/24 2385840
Address Contact Number
656 N. 9th street, Colton CA (909) 772-7918
Customer Name/Bidders Email Address
Tony Soto [email protected]
Job Scope Sales Person
Grind and apply moisture mitigation epoxy barrier and self level.Michael Lujan(909) 294-0990 Mfr Product/Service DescriptionColor Qty. Unit Price
Grind & Resurface Concrete to CSP 2 1,735 SF $3,470.00
Edge Grinding to CSP 2 450 LF $450.00
Clean out sawcuts and apply Filler 150 LF $53.81
Finish Apply 2 Part-Epoxy Moisture Barrier (Uzin 460) 1,735 SF $1,062.54 Apply Self Level (Uzin 150) & Primer (Uzin PE 280) for finished flooring 1,735 SF $3,083.05 Base Bid Total$8,119.41
Sales tax included
Exclusions:

Moisture Testing & Remediation, Additional Moisture Testings, Night & Weekend Hours, Furniture Moving, Disconnecting/Reconnecting any electronic appliances or Toilets, Power (utilities) and water, Excessive Floor Prep, Sanding, Self-Leveling, Skim coating, Concrete Reinforcements, Joint Fillers, Wood Refinishing, Wood Base Installation, Floor Protection, Floor Cleaning & Maintenance, Attic Stock, Phase Work, Porcelain/Ceramic Tile, Sealed Concrete, Epoxy Flooring, Floor Polish (VCT wax, etc). Vacuuming, Floor Sealer, Demo & Disposal, Onsite Mockup, Removal of partitions, Cutting door jambs, Double-layer demo, subfloor repair, HVAC and Temperature Control, Safety/Security Clearances and/or Training Costs per project, Trash Bin on jobsite, Secured Seating like benches Job Specifics
Est. Timeline: (days) 4
Est. Start Date or Duration:TBD
Asbestos Report:Verification from Customer must be provided.

Occupied: During the day
Work Hours: Regular
Prep: Skimcoat subfloor
Demo: VCT over concrete
Install Directions:Glue down LVT
Attic Stock: Remaining LVT from end user
RH Test Date: 100 Rh rest results
Notes*:

Thank you,
Michael Lujan
Mike's Custom Flooring, Inc.

Bid Valid for 30 daysBased on Prevailing Wage
Terms & Conditions
This quote must be accepted in its entirety and will become part of the contract documents.

Customer agrees that Mike’s Custom Flooring is entitled to recover its reasonable attorneys’ fees and costs incurred in pursuing any amounts that customer owes Mike’s Custom Flooring.

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Attachment: Exhibit B - Informal Change Order Quotes (4505 : Change Order - Mike's Custom Flooring) Field verification is required before the demo & installation; footage may result in a unit price increase Price is subject to change pending material spec and installation pattern or hours of work.

Installation & Product Warranty
MCF warrants the work for a period of 1-year from the date of completion. Restrictions apply: This does not apply to patchback/repair work.

Product warranties do not include but are not limited to damages caused by fire, flooding, or intentional abuse. Damage is caused by vacuum cleaners, caster wheels, and cutting from sharp objects. Loss of gloss/scratching. We recommend using the manufacturer's floor finish if some dulling occurs over time. Minor color, shade, or texture variations between samples. Floors are damaged by excessive moisture from sources such as flooding, water leakage, and concrete moisture. Damage caused by moving appliances across the floor. Installing over existing flooring.Products made from natural materials (wood flooring, stone tile, ceramic tile, wool, real linoleum, etc.) have natural variations. Client should expect variations. These natural variations are not defects; no refund or replacement will be made for natural products with normal color, texture, and appearance variations.

MCF does not recommend installing new flooring over existing flooring, aka overlay. Most manufacturer's do not warranty this installation either. We are not responsible for any previous subfloor conditions, and previous installations. If an event occurs where the new flooring becomes damaged from underneath, MCF is not responsible for covering this installation.

Job Site Conditions/Schedule & Mobilization
The contract price is based on one move-in (unless otherwise noted). Any additional moves will be billed as a Mobilization/Demobilization fee of up to $2,500.

All floors receiving new finishes must be clean and free of paint, drywall mud, oil, no furniture, no electrical devices on the floor, and any other debris prior to MCF's scheduled arrival. Any additional floor prep will be billed immediately.

Wall surfaces must be smooth and flat within the tolerances specified for wall base type of work, are dust-free, and are ready to receive resilient base.

We cannot be held responsible for unknown circumstances. We make every effort to include every item we can foresee. For example, it is impossible to know if and how much sub-floor leveling may be required before removing the existing floor. If leveling is required, an additional charge may apply. Other such circumstances arise from time to time. A copy of the Asbestos Report is required before the start of the job.

Concrete substrates must have a pH of less than 10 and a moisture emission (RH) reading of less than 85%. If levels are exceeded, the moisture vapor emission control system MUST be used before installing any flooring. Failure to do so will void all warranties from the manufacturer and Mike's Custom Flooring.

MCF and most flooring manufacturers require the HVAC system to be fully operational three days before installation and three days after installation. Failure to do so will result in a void of warranty.

Store materials for not less than 48 hours prior to installation in area of installation at a temperature of 70 degrees F (21 degrees C) to achieve temperature stability. Thereafter, maintain conditions above 55 degrees F (13 degrees C).

All work is based on Monday through Friday 6 AM schedule. Any schedule requiring overtime, evening, or weekend work will be an additional charge.

MCF requires a minimum of 3 weeks lead time for starting new projects in order to plan and organize ahead of schedule for our labor, mobilization, and logistics to ensure your project runs smoothly. A mobilization fee will be charged if the job site is not ready when we show up. Scheduling of jobs cannot be done without a signed proposal or contract.

If, for any reason rescheduling work is needed or another mobilization is needed, a mobilization fee (minimum of $500) will apply. This includes but is not limited to equipment delivery, logistics.

Material Cost & Lead Times
Mike’s Custom Flooring, Inc. will not proceed with purchasing any materials for the awarded project until written approval is received from the customer/architect. If a price increase occurs before approvals are received, Mike’s Custom Flooring, Inc. will issue a change order for the increase in material costs which the customer will be responsible for paying. If the customer does not wish to pay for the change order amount, they will be responsible for choosing an alternative product with a unit price that is equivalent to or less than the one that was submitted on the original bid. In the event the customer selects an alternative product of less value, Mike’s Custom Flooring, Inc. will issue the customer a credit for the difference in cost.

During these uncertain times due to COVID, lead times for all items may be extended longer than usual. We are doing our best to monitor these changes for all orders as quickly as possible. All material items are non-cancelable and non-refundable after purchase.

Concrete Moisture
Furniture Moving
Unless otherwise noted, in above pricing, this agreement does not include the moving or lifting of furniture, desk, and file cabinets. The contractor will not move items of an unwieldy or dangerous nature including, but not limited to fish tanks, pool tables, glass conference tables, and or priceless furniture.

Electronic Equipment
All computers, monitors, copy machines, and other sensitive equipment must be removed from the working space prior to install date. Mike’s Custom Flooring, Inc. will not be responsible for moving, lifting, or unplugging any of these items and will not be held liable for any damage caused to this equipment. If MCF is asked to move electronic equipment as a favor, or because the equipment is fastened to the desk, or IT does not remove equipment completely, we will still not be liable for said electronic equipment.

Floor Protection
Unless otherwise noted, in above pricing this agreement does not include floor protection. Mike’s Custom Flooring, Inc. will only protect their work while they are onsite. Once their work is completed and they are no longer on the job site, they will not be held liable for any damage that is caused to the work.

PAYMENT & BALANCE DUE
A minimum 50% deposit is required to schedule any work. Public Works excluded.

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Attachment: Exhibit B - Informal Change Order Quotes (4505 : Change Order - Mike's Custom Flooring) Remaining balance is due immediately upon completion of the job. Public Works excluded.

Mike's Custom Flooring offers the following credit terms: All accounts are due within 30 days of billing date. All past due accounts are subject a finance charge of 1.5% interest per month past due. Payments may be made via Cash, or Check made out to Mike's Custom Flooring. Debit and Credit payment are subject to a 3% fee.

For Card/Online Payments, a 3% Card Processing Fee may be applied on top of your total.

For payment arrangements, please contact Cathrine Bocanegra at (909) 335-0400 or by email at [email protected].

I have read and agree to these terms…
Signature: Date

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Attachment: Exhibit B - Informal Change Order Quotes (4505 : Change Order - Mike's Custom Flooring) 1351 Park Ave. Suite 102, Redlands CA 92373
Change Order #1
Office (909) 335-0400
Contractor's License # 426696
DIR # 1000017563
Project Name Date Project No.

City Yard - Lobby & Conference Room 1/18/24 2377573
Project Address Customer Contact Number
160 S 10th St, Colton, CA 92324
Customer Name/Bidders Customer Email Address
Tony Soto
Job Scope Sales/Project Manager
Moisture Solutions for LVT Mike Aureli (626) 826-8874
Mfr Product/Service Description Qty. Unit Price
Uzin Utz PE 460 2 part Epoxy 2 Ea $976.43
Uzin Utz PE 280 470 SF $1,034.00
Grind Entire Floor to CSP 2 470 SF $1,175.00
SelfLevel 470 SF $866.56
Epoxy Total:$4,051.99
Shaw MRP 470 SF $1,233.19
Grind Entire Floor to CSP 1 470 SF $1,175.00
MRP Total:$2,408.19
Tandus/Tarkett5900 MegaBond With DriTecMCS700 2 Ea $1,018.54 High Moisture Adhesive with release of Liability MRP Total:$1,018.54 Sales tax included
Exclusions:

Moisture Testing & Remediation, Additional Moisture Testings, Night & Weekend Hours, Furniture Moving, Disconnecting/Reconnecting any electronic appliances or Toilets, Power (utilities) and water, Excessive Floor Prep, Sanding, Self-Leveling, Skim coating, Concrete Reinforcements, Joint Fillers, Wood Refinishing, Wood Base Installation, Floor Protection, Floor Cleaning & Maintenance, Attic Stock, Phase Work, Porcelain/Ceramic Tile, Sealed Concrete, Epoxy Flooring, Floor Polish (VCT wax, etc). Vacuuming, Floor Sealer, Demo & Disposal, Onsite Mockup, Removal of partitions, Cutting door jambs, Double-layer demo, subfloor repair, HVAC and Temperature Control, Safety/Security Clearances and/or Training Costs per project, Trash Bin on jobsite, Secured Seating like benches Job Specifics
Est. Timeline: (days) 2
Est. Start Date or Duration:TBD
Phasing Schedule:

Asbestos Report:Verification from Customer must be provided for an project that requires Demo.

Occupied: During day hours
Work Hours: Evening
Prep: Grind and apply
Demo: VCT over concrete
Install Directions:Grind and apply moisture solution then use adhesive.

RH Test Date: Rh tested 100
Notes*:

Thank you,
Mike Aureli
Mike's Custom Flooring, Inc.

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Attachment: Exhibit B - Informal Change Order Quotes (4505 : Change Order - Mike's Custom Flooring) Bid Valid for 30 daysBased on Prevailing Wage
Terms & Conditions
This quote must be accepted in its entirety and will become part of the contract documents.

Customer agrees that Mike’s Custom Flooring is entitled to recover its reasonable attorneys’ fees and costs incurred in pursuing any amounts that customer owes Mike’s Custom Flooring.

Field verification is required before the demo & installation; footage may result in a unit price increase Price is subject to change pending material spec and installation pattern or hours of work.

Installation & Product Warranty
MCF warrants the work for a period of 1-year from the date of completion. Restrictions apply: This does not apply to patchback/repair work.

Wall surfaces must be smooth and flat within the tolerances specified for wall base type of work, are dust-free, and are ready to receive resilient base.

All work is based on Monday through Friday 6 AM schedule. Any schedule requiring overtime, evening, or weekend work will be an additional charge.

If, for any reason rescheduling work is needed or another mobilization is needed, a mobilization fee (minimum of $500) will apply. This includes but is not limited to equipment delivery, logistics.

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Attachment: Exhibit B - Informal Change Order Quotes (4505 : Change Order - Mike's Custom Flooring) Floor Protection
Unless otherwise noted, in above pricing this agreement does not include floor protection. Mike’s Custom Flooring, Inc. will only protect their work while they are onsite. Once their work is completed and they are no longer on the job site, they will not be held liable for any damage that is caused to the work.

PAYMENT & BALANCE DUE
A minimum 50% deposit is required to schedule any work. Public Works excluded.

Remaining balance is due immediately upon completion of the job. Public Works excluded.

For Card/Online Payments, a 3% Card Processing Fee may be applied on top of your total.

For payment arrangements, please contact Cathrine Bocanegra at (909) 335-0400 or by email at [email protected].

I have read and agree to these terms…
Signature: Date

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Attachment: Exhibit B - Informal Change Order Quotes (4505 : Change Order - Mike's Custom Flooring) 1351 Park Ave. Suite 102, Redlands CA 92373
Flooring Bid
Office (909) 335-0400
Contractor's License # 426696
DIR # 1000017563
Project Name Date Project No.

Hermosa Cemetery Admin - Additional Prep10/25/23 2378734 Project Address Customer Contact Number
900 Meridian Ave, Colton CA 92324
Customer Name/Bidders Customer Email Address
Tony Soto
Job Scope Sales/Project Manager
Additional floor patch and prep needed to make admin level and even.Michael Lujan(909) 294-0990 Mfr Product/Service DescriptionColor Qty. Unit Price
Schonox Floor Patch 1 Lot $264.00
Skimcoat to Level 1 Lot $250.00
Base Bid Total$514.00
Sales tax included
Exclusions:

Moisture Testing & Remediation, Additional Moisture Testings, Night & Weekend Hours, Furniture Moving, Disconnecting/Reconnecting any electronic appliances or Toilets, Power (utilities) and water, Excessive Floor Prep, Sanding, Self-Leveling, Skim coating, Concrete Reinforcements, Joint Fillers, Wood Refinishing, Wood Base Installation, Floor Protection, Floor Cleaning & Maintenance, Attic Stock, Phase Work, Porcelain/Ceramic Tile, Sealed Concrete, Epoxy Flooring, Floor Polish (VCT wax, etc). Vacuuming, Floor Sealer, Demo & Disposal, Onsite Mockup, Removal of partitions, Cutting door jambs, Double-layer demo, subfloor repair, HVAC and Temperature Control, Safety/Security Clearances and/or Training Costs per project, Trash Bin on jobsite, Secured Seating like benches Job Specifics
Occupied: Ready for Construction
Work Hours: Regular day work
Prep: Scrape and skimcoat subfloor
Demo: Broadloom over concrete
Furniture Moving:Excluded
IT Equipment/Appliances:MCF is not responsible for the handling of any Electronics or Appliances.

Install Directions:Glue down LVT Staggered
Thank you,
Michael Lujan
Mike's Custom Flooring, Inc.

Bid Valid for 30 daysBased on Prevailing Wage
Terms & Conditions
This quote must be accepted in its entirety and will become part of the contract documents.

Customer agrees that Mike’s Custom Flooring is entitled to recover its reasonable attorneys’ fees and costs incurred in pursuing any amounts that customer owes Mike’s Custom Flooring.

Field verification is required before the demo & installation; footage may result in a unit price increase Price is subject to change pending material spec and installation pattern or hours of work.

Installation & Product Warranty
MCF warrants the work for a period of 1-year from the date of completion. Restrictions apply: This does not apply to patchback/repair work.

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Attachment: Exhibit B - Informal Change Order Quotes (4505 : Change Order - Mike's Custom Flooring) Product warranties do not include but are not limited to damages caused by fire, flooding, or intentional abuse. Damage is caused by vacuum cleaners, caster wheels, and cutting from sharp objects. Loss of gloss/scratching. We recommend using the manufacturer's floor finish if some dulling occurs over time. Minor color, shade, or texture variations between samples. Floors are damaged by excessive moisture from sources such as flooding, water leakage, and concrete moisture. Damage caused by moving appliances across the floor. Installing over existing flooring.Products made from natural materials (wood flooring, stone tile, ceramic tile, wool, real linoleum, etc.) have natural variations. Client should expect variations. These natural variations are not defects; no refund or replacement will be made for natural products with normal color, texture, and appearance variations.

Wall surfaces must be smooth and flat within the tolerances specified for wall base type of work, are dust-free, and are ready to receive resilient base.

All work is based on Monday through Friday 6 AM schedule. Any schedule requiring overtime, evening, or weekend work will be an additional charge.

If, for any reason rescheduling work is needed or another mobilization is needed, a mobilization fee (minimum of $500) will apply. This includes but is not limited to equipment delivery, logistics.

PAYMENT & BALANCE DUE
A minimum 50% deposit is required to schedule any work. Public Works excluded.

Remaining balance is due immediately upon completion of the job. Public Works excluded.

For Card/Online Payments, a 3% Card Processing Fee may be applied on top of your total.

For payment arrangements, please contact Cathrine Bocanegra at (909) 335-0400 or by email at [email protected].

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Attachment: Exhibit B - Informal Change Order Quotes (4505 : Change Order - Mike's Custom Flooring) I have read and agree to these terms…
Signature: Date

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Attachment: Exhibit B - Informal Change Order Quotes (4505 : Change Order - Mike's Custom Flooring)

ITEM NO. 7

STAFF REPORT

DATE: MAY 21, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: APPROVE FIRST AMENDMENT OF A PROFESSIONAL SERVICES

AGREEMENT FOR ENVIRONMENTAL SERVICES WITH RINCON

CONSULTANTS AND REIMBURSEMENT AGREEMENT WITH

APPLICANT FOR AMKO RECYCLING ZONING ORDINANCE TEXT

AMENDMENT, GENERAL PLAN AMENDMENT/CHANGE OF

ZONE, CONDITIONAL USE PERMIT AND ARCHITECTURAL AND

SITE PLAN REVIEW, AND MAJOR CERTIFICATES OF
APPROPRIATENESS APPLICATION.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the City Manager to execute the attached First Amendment to Professional Services Agreement (PSA) with Rincon Consultants, Inc. for an additional $27,307.00 to provide environmental services on behalf of the Pennsylvania Avenue Rezone and General Plan Amendment (DAP -001-743 & 775 - AMKO Recycling), as per the terms of the PSA, including exhibits attached thereto.

2. Authorize the City Manager to execute the attached F irst Amendment to Reimbursement Agreement with John J. Chang, AMKO Recycling, LLC to fund environmental consulting and associated legal services as needed, for processing entitlements for DAP -001-743 a nd DAP-001-775.

BACKGROUND

On March 3, 2022, the City received a planning application requesting 1) a General Plan Amendment from “General Commercial Downtown” to “Heavy Industrial” and Change of Zone from C-2/D (General Commercial/Downtown) Zone to M-2 (Heavy Industrial) Zone at 340 7 Packet Pg. 201
Staff Report to the Mayor and City Council
Contract Amendment - Rincon Environmental Services / AMKO Recycling May 21, 2024

Page 2 ends

West Valley B lvd; 2) General Plan Amendment from “General Commercial” to “Heavy Industrial” and Change of Zone from C -2 (General Commercial) to M -2 (Heavy Industrial) at 115 North Pennsylvania Ave ; 3) Conditional Use Permit and Architectural & Site Plan Review to allow enclosure of existing outdoor recycling facility and construction of new AMKO Buy- Back Center; and 4) Major Certificate of Appropriateness for new buildings within the Citrus Park and Terrace Historic District s (DAP-001-743 and DAP -001-775) (APNs: 0162-136- 06,0162-134-09, 12, 23 & 24).

On January 9, 2024, at a Planning Commission Study Session, the Commission provided comments for the project that require d a change in the application. The change will inclu de a Zoning Ordinance Text Amendment to various sections of Title 18 (Zoning Code) of the Colton Municipal, General Plan Amendment/Change of Zone from Commercial to Light Industrial.

Therefore, changes within the environmental document and a budget amendm ent are required to complete the changes.

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

ISSUES/ANALYSIS

The total original cost for the environmental services to prepare the Initial Study was $114,646.95 ($99,693.00, plus a 15% administrative fee of $14,953.95). A contract with Rincon Consultants, Inc. was approved for this scope on October 4, 2022. The First A mendment to the project contract is for $27,307.00 for the Zoning Ordinance Text Amendment, associated updates to the environmental document and attendance of meetings for the project. Pursuant to the attached reimbursement agreement, the applicant is req uired to submit the funding required prior to initiation of the contract for services.

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

FISCAL IMPACTS

City staff ensures that funds are on deposit with the City prior to entering into or amending any contract for professional services. Revenue from the reimbursement agreement are receipted in General Fund Developer Reimbursement Agreement Revenue Account Number 100 -6799-000.

Sufficient appropriations are available in the FY2023 -24 adopted budget in General Fund Planning Professional Services Account Number 100-6300-6301-2357-0000-000 for the $27,307 7 Packet Pg. 202
Staff Report to the Mayor and City Council
Contract Amendment - Rincon Environmental Services / AMKO Recycling May 21, 2024

Page 3 ends

contract amendment. No additional appropriations are necessary to execute the contract amendment.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1_First Amendment Rincon PSA DAP-001-743

2. Attachment 2_First Amendment Reimbursement Agreement_DAP-001-743 7 Packet Pg. 203
(BB&K: 10-19)
23152.06000\32391457.2

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
RINCON CONSULTANTS, INC.

1. PARTIES AND DATE.

This Sixth Amendment to the Professional Services Agreement ( PSA Amendment”) is made and entered into this _____day of May 2024 by and between the City of Colton (“City”) and Rincon Consultants, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated October 17 , 202 2 (“Agreement”), whereby Consultant agreed to provide environmental document preparation services on behalf of the AMKO DAP-001-743 project.

2.2 Amendment. City and Consultant desire to amend the Agreement for the First time to extending the time period and adjusting budget to address Study Sessions with Planning Commission Meeting, making changes to application with a Zoning Ordinance Text Amendment and General P lan Amendment / Change of Zone in January 2024 and to allow for upcoming Planning Commission Hearing(s) and City Council Hearing(s).

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

3.6.13 of the Agreement.

3. TERMS.

3.1 . Section 3.1.2 of the Agreement is hereby deleted in its entirety and replaced with the following:

"The term of this Agreement shall be from April 17, 2024 to December 31, 2024, unless earlier terminated as provided herein.

Consultant shall complete t he Services within the term of this Agreement, and shall meet any other established scheduled and deadlines. The parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services by six months, if necessary. Total compensation, as specified in Section

3.3.1 of this Agreement, shall remain unchanged unless modified by mutual, written consent, in order to complete the Services."

3.2 Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entiret y and replaced with the following:

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Attachment: Attachment 1_First Amendment Rincon PSA DAP-001-743 [Revision 1] (4526 : Contract Amendment - Rincon Environmental 2 (BB&K: 10-19)
23152.06000\32391457.2

“Consultant shall receive co mpensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Twenty Seven Thousand, Two Hundred and Seventy
Dollars and no cents ($ 99,693 + $ 27,307 = $127,270 ) without written approval of City Manager. The City Manager may authorize up to 5% in compensation without r eturning to City Council for authorization. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

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

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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Attachment: Attachment 1_First Amendment Rincon PSA DAP-001-743 [Revision 1] (4526 : Contract Amendment - Rincon Environmental 3 (BB&K: 10-19)
23152.06000\32391457.2

SIGNATURE PAGE FOR FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND RINCON CONSULTANTS, INC.

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

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Stephanie M. Vargas
Deputy City Clerk

RINCON CONSULTANTS

A CORPORATION

By: _________________________
Signature

_____________
Name (Print)

_________________________
Title:

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EXHIBIT – A OF FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND RINCON CONSULTANTS, INC.

RINCON CONSULTANTS, INC. CONTRACT AMENDMENT

Article I. CEQA Scope of Work
The project kicked off in Decem ber 2022. Since December 2022, we have received four revisions to the project site plan and two revisions to the project description for the zone change from heavy industrial to light industrial. Due to these revisions, we have had to make multiple rounds of updates to the Administrative Draft IS-MND document. As discussed under Data Needs, additional project information is needed to complete the IS -MND. Moreover, we have yet to commence the Public Review Draft IS-MND, Final IS-MND (including response to comments and the Mitigation Monitoring and Reporting Program (MMRP)), and Public Hearings.

In addition, along with the changes in the project description and site plan, the starts and stops that occurred over the course of the year and a half have contribute d to overages in the budget for preparation of the IS-MND, which is included in the cost below.

Over the course of the year, the Rincon team has participated in conference calls, as well as email communication and meetings with City Staff for various issue s related to the preparation of the IS - MND, and with Urban Crossroads for the transportation analysis. At this point, we are near the end of the original budget. We are aware that we will need to continue regular coordination and meetings to complete the IS-MND process, so the requeste d amount also accounts for future meetings and coordination time.

Data Needs
Based on the version of the project site plans and information received from the January 10, 2024 meeting with City staff, completion of the Draft IS-MND will be contingent upon receipt of the following data needs.
• Address the following site plan inconsistencies for the proposed warehouse at the existing AMKO facility:
o Site plan summary shows warehouse as 12,545 sf
o Site Plan on sheet C-1 show warehouse as 11,000 sf
o Site Plan on sheet C-2 show warehouse as 10,000 sf
• Address the following site plan inconsistencies for the proposed expansion at 115, 125, 133, and 135 North Pennsylvania Avenue:
o Site plan summary table shows retail as 2,016 sf
o Site plans on sheets C-1, C-2, and A-1 show retail as 1,934 sf • Zoning ordinance text amendment: Verify the proposed change to the City's zoning ordinance and provide a brief summary for incorporation into the project description.

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Schedule
Based on the current schedule our contract extension granted on October 17, 2023 is set to expire on April 17, 2024. We will need another contract extension for a minimum of six months. The screen check public review draft IS -MND can be completed within four weeks of notice to proceed and receipt of the data requested above. This scope of work assumes one round of revision in response to consolidated comments from the City and their attorney. A final public review draft IS-MND will be provided within two weeks of receipt of consolidated comments.

Cost
The following section outlines the proposed budget amendments, outlining specific adjustments and reallocations to complete the project.

• An adjustment of $8,773 is proposed to accommodate overages incurred during the preparation of the Administrative Draft IS-MND.
• A sum of $26,908 is necessary to cover the remaining CEQA tasks and associated project management costs.

Urban Crossroads has completed their scope of work for the public review version of the IS - MND; their remai ning tasks are responding to pu blic comments. The total for these tasks are $2,700 and there is currently $11,074 in their budget. Given there is a remaining balance of approximately $8,374 from the original Urban Crossroads budget allocation, If approved by City staff, these funds can be reallocated towards the CEQA process. Consequently, the total requested amendment amount would be $27,307. This change was confirmed by City of Colton on May 2, 2024.

This proposal is valid for a period of 90 days and is fully negotiable to meet the needs of the City of Colton. All work will be performed in accordance with the work scope outlined above and the terms and conditions of a mutually agreeable contract. Additional services beyond those identified herein would be provided, at your request, on a time and expense reimbursement basis in accordance with our standard fee schedule. No other services would be provided without your express written consent.

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CITY OF COLTON

REIMBURSEMENT AGREEMENT FIRST AMENDMENT

FOR DEVELOPMENT PROJECT

ZONING ORDINANCE TEXT AMENDMENT, GENERAL PLAN

AMENDMENT/CHANGE OF ZONE, CONDITIONAL USE PERMIT,

ARCHITECTURAL AND SITE PLAN REVIEW, AND CERTIFICATES OF APPROPRIATENESS (DAP-001-743)

1. PARTIES AND DATE.

This Reimbursement Agreement ("Agreement") is made this ____day of May, 2024, by and between the City of Colton, a California municipal corporation ("City"), between the City of Colton, a California municipal corporation ("City"), and Frank Agilar with principal place of business at 340 West Valley Boulevard CA 92324 (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1. Property. The owner , Riverside Construction Company , of that certain real property located within the City of Colton, County of San Bernardino , California , and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).

2.2 Project. The Applicant is contemplating the development of the Property as described in Exhibit “ B” attached hereto and incorporated herein by reference (“Project”) . The Applicant has submitted an application for discretionary land use approvals for the Project, including those listed in Exhibit “C” attached hereto and incorporated herein by reference, as well as all related environmental review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.

2.3 Consultants. To provide the City with the needed expertise and information necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").

2.4 Reimbursement. As a condition to the City's completion of the Project review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out -of-pocket expenses incurred by the City, in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.

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3. TERMS.

3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.

3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsultants) those Consultants listed in Exhibit “D” attached hereto and incorporated herein by reference, but shall have the right to reta in any additional consultants or sub-consultants pursuant to this Agreement. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.

The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and ot her forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall i t assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.

3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of th em by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act.

3.4 Applicant's Reimbursement of Costs and Expenditures . The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated with the Project, other out-of-pocket expenses incurred by the City ("Costs"). The City has reviewed the scope(s) of work for this project first amendment and has estimated the aggregate Costs for all Consultants and City staff to be approximately thirty thousand dollars ($27,307). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit full deposit in the amount of $27,307.00, which amount the City shall separately account for in a Project deposit account ("Deposit Account").

As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal serv ices associated with the Project, the City may draw upon the Deposit Account to

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City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").

The City shall use reasonable good faith efforts to consult with the Applicant prior to amending any scope of services to be provided by the Consultants and incurring Excess Costs. The Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to the commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replen ishing the Deposit Account.

For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Applicant 's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.

The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and will provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.

3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the Parties, and shall terminate when all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement . For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.

3.6 Early Termination.

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3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant in the event that Applicant e ither: (1) fails to satisfy any obligation of this Agreement; or (2) fails to reasonably prosecute its application(s) for the Project.

3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 3. 5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Appli cant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination.

3.6.3 Notice to Consultants . W ithin two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination.

3.7 Assignability. This Agreement may not be assigned by either Party without the prior and express written co nsent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.

3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.

All modifications to this Agreement must be approved by the City Council.

3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.

3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City ’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and expert or other costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.

This City shall have the absolute right to retain such legal counsel as the City deems necessary and

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3.11 Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equit able remedies avail able to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.

3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the Co unty of San Bernardino , California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.

3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enfor ced in its entirety.

3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.

3.15 Representations of Au thority. Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.

3.16 Notices. Notices required under this Agreement shall be sent to the following:

City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Heidi Duron, Development Services Director

Applicant: Attn: Frank Aguilar, Vice President of AMKO Recycling

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Colton, CA 92324

Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) i f sent by facsimile, upon transmission and ac tual receipt by the receiving Party; (3) if by express courier service or hand delivery , on the date of receipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate.

[SIGNATURES ON NEXT TWO PAGES]

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CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

AMKO RECYCLING PROJECT (DAP-001-743)

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest:

_________________________
Stephanie M. Vargas
Deputy City Clerk

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CITY OF COLTON

REIMBURSEMENT AGREEMENT FIRST AMENDMENT FOR DEVELOPMENT

PROJECT

AMKO RECYCLING PROJECT (DAP-001-743)

AMKO RECYCLING, INC.

By: _________________________
Signature

_________________________
Name: Frank Aguilar

_________________________
Title: Vice President

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LEGAL DESCRIPTION OF THE PROPERTY

Assessor’s Parcel Number: 0162-136-06, 0162-134-09, 12, 23 & 24

The site map is below:

Valley Boulevard
Pennsylvania Avenue
340 W. Valley
115 N.

Pennsylvania

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EXHIBIT "B"

PROJECT DESCRIPTION

DAP-001-743 – The City of Colton received an application for a Zoning Ordinance Text Amendment to change various sections to Title 18 (Zoning Code), General Plan Amendment to allow a “General Commercial/Downtown” land use designation be changed to “Light Industrial” and Change of Zone to allow C -2/N (General Commercial/Downtown) Zone to M -1 (Light Industrial) Zone and Conditional Use Permit and Architectural & Site Plan Review to allow enclosure of existing outdoor recycling facility at 340 W. Valley Blvd. and construction of ne w AMKO Buy -Back Center at 115 N. Pennsylvania Avenue and Major Certificate of Appropriateness for new buildings within the Citrus Park and Terrace Historic Districts (DAP - 001-743 and DAP-001-775) (APNs: 0162-136-06,0162-134-09, 12, 23 & 24).

The environmental review includes the preparation of an Initial Study to determine appropriate CEQA document.

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EXHIBIT "C"

PERMITS AND OTHER APPROVALS

- Zoning Ordinance Text Amendment
- General Plan Amendment
- Change of Zone
- Conditional Use Permit
- Architectural and Site Plan Review
- Certificates of Appropriateness

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EXHIBIT "D"

CONSULTANTS

BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.

RINCON CONSULTANTS, INC.

Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $27,307.00 without prior approval by each party.

OTHER CONSULTANTS
Any and all other consultants, including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).

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ITEM NO. 8

STAFF REPORT

DATE: MAY 21, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE THE AWARD OF CONTRACT TO HR GREEN PACIFIC, INC. FOR THE PREPARATION OF PLANS, SPECIFICATIONS AND

ESTIMATE FOR THE ACTIVE TRANSPORTATION PROGRAM
(ATP) CYCLE 4 - WEST COLTON BIKE LANE PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Award a professional services agreeme nt to HR Green Pacific, Inc. as the most qualified consultant for the Preparation of Engineering Plans, Specifications and Estimate for the Active Transportation Program (ATP) Cycle 4 - West Colton Bike L ane Project for $172,098; and authorize City Manager to execute the agreement.

BACKGROUND

On March 21, 2019, the City of Colton received notification that the California Transportation Commission (CTC) approved the allocation of ATP funding for the Project Approval/Environmental Document (PA/ED) Phase of the West Colton Class I Bicycle and Pedestrian Path Project. The project is located along an unimproved corridor from John Juarez Way to Eucalyptus Avenue, and Eucalyptus Avenue from San Bernardino Avenue and Randall Avenue. The Project is in the vicinit y of Garcia Elementary School, Jehue Middle School and Morris Elementary School. The project scope include s installation of pave d bike lane and sidewalk, signalized crossing at Pepper Avenue, striping and signs, irrigation and landscaping, and lighting.

As part of the environmental document, the project conducted a Delhi Sand Fly (DSF) protocol survey. The fly habitat survey concluded that project site along the Southern California Electric (SCE) easement is rated moderate quality habitat for DSF. This finding requires a protocol 8 Packet Pg. 221
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survey for the presence of DSF for two consecutive years between the months of July and September. These consecutive surveys will delay the completion of environmental documents by two years, and as a result, we will not be abl e to meet the construction funding authorization deadline of February 28, 2025. If the protocol survey is positive for fly habitat, it will be a much longer delay and costly process , since it will require consultation with US Department of Fish and Wildlife, and the project needs to come up with mitigation for the DSF habitat.

Due to the required timeline for the DSF habitat survey and monitoring, the project need s to avoid the DSF habitat by constructing the project on an alternative alignment. Constructing the project on an alternative alignment will also enable the project to meet the construction funding authorization deadline. On May 24, 2022, City staff sent a letter to Caltrans indicating the City’s intent to look for an alternative alignment that will avoid the DSF habitat area but will still benefit the same community. In response to City’s request, Caltrans and City staff met on September 29, 2022 to discuss the proposed realignment and project schedule. At that meeting, Caltrans Headquarters ATP staff indicated the ir support for the realignment and willingness to take the approval of the project changes to California Transportation Commission (CTC) , but reiterated the need to perform public outreach before taking it to CTC. The purpose of the public outreach is to notify the community about the changes in the alignment of Project, and to ascertain that the community supports the realignment. The new route will be Class II buffered bike lane (with plastic bollard) along Meridian Ave., Pepper A ve., Eucalyptus Ave, San Bernardino Ave. and Randall Ave. Class II buffered bike lanes provides 2 to 3 feet separation from vehicle lanes. The proposed alignment and cross -sections is attached as Exhibit A. The public outreach was completed on February 21, 2023 and subsequently submitted to Caltrans staff. CTC approved the new project scope and alignment at its March 22, 2024 meeting.

ISSUES/ANALYSIS

In accordance with Colton Municipal Code (CMC) Section 3.08.070 of the City’s purchasing ordinance, City staff issued a Request for Proposal (RFP) for engineering design for the ATP Cycle 4 - West Colton Bike Lane Project. The RFP was advertised on March 2, 2024 and April 5, 2024. By the April 18, 2024 RFP deadline, the City received proposals from seven (7) engineering consulting firms.

On April 25, 2024, RFP submittals were reviewed and evaluated by City’s Engineering and Planning Division staff. Proposals were evaluated on the following criteria:

1. Qualifications of the Firm (20%): Technical experien ce in performing work of a closely similar in nature; experience working with Caltrans and other public agencies; knowledge of transportation funding; ability to work with stakeholders of varying interests and priorities, strength and stability of the firm ; strength, stability, experience and technical competence of subcontractors.

2. Qualifications of Key Pers onnel (20%): Qualifications of key personnel especially the Project Manager for similar projects including relevant past experience and adequacy of 8 Packet Pg. 222
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labor commitment; references from past projects with Caltrans funded projects and other local agencies.

3. Experience similar to this Project (25%): Firm’s team past experience and expertise in preparation of design of similar type of projects. Ability to navigate and complete the project from preliminary to the required design status.

4. Work Plan, Technical and Management Approach (25%): Depth of Proposer's understanding of City’s requirements and overall quality, logic, clarity and specificity of work plan; appro priateness of distribution of effort among the tasks; ability to meet the project deadline; and reasonableness of proposed schedule.

5. Cost Competitiveness (10%): Cost competitiveness will be rated on the quality and reasonableness of the cost proposal including the amount of time that will be spent by key personnel on the project.

Below are the rankings of each engineering consulting firm s after review and evaluation of the submitted RFP proposals:

1. HR Green Pacific, Inc.

2. KPFF, Inc.

3. STC Traffic, Inc.

4. CASC Engineering, Inc.

5. KOA Corporation

6. Engineering Resources of Southern California, Inc.

7. Minagar and Associates, Inc.

Staff recommends the award of professional services agreement contract to HR Green Pacific, Inc. as the most qualified consultant for the prep aration of engineering plan, specification and estimates for the ATP Cycle 4 - West Colton Bike Lane Project for $172,098. The HR Green Pacific, Inc. original cost proposal wa s $200,418, but after negotiation and clarification of some of the scope of work with City staff, the vendor lowered the amount to $172,098.

HR Green Pacific, Inc. has similar experience, including preparation of bike lane and multi - modal transportation engineering design for the cities of Hemet, Claremont, Montclair, Moreno Valley and Rancho Cucamonga. The cost proposal includes preparation of the project plan, engineer’s estimate, and specifications that will include project management, document research, utility coordination, topographic survey, base mapping, concept and prelimin ary design development, final design, estimate and specifications, and bid support. The professional service agreement is attached as Exhibit B.

FISCAL IMPACTS

Sufficient appropriations for this project are available in the adopted FY23 -24 budget in Tra ffic Impact Fee Fund capital improvement account number 249-2347-6150-3890-0000-000.

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ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - West Colton Bike Path Conceptual Plan

2. Exhibit B-HR Green, Inc. Professional Service Agreement 8 Packet Pg. 224

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Attachment: Exhibit A - West Colton Bike Path Conceptual Plan (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is m ade and entered into this 22n d day of May 2024, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and HR Green Pacific, Inc. a corporation, with its principal place of business at 1260 Corona Pointe Court, Suite 305, Corona, CA 92705 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional engineering design services for the Active Transportation Program (ATP) Cycle 4 - West Colton Bikelane Project ( "Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, ser vices, and incidental and customary work necessary to fully and adequately supply the professional engineering design consulting services for the Active Transportation Program (ATP) Cycle 4 - West Colton Bikelane Project ("Project").

The scope of services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be Three Hundred Sixty -Five (365) Calendar Days from the date of issuance of Notice to Proceed unless earlier terminated as provided herein. Consultant shall complete the Project within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subjec t to the requirements of this

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2

Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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

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

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

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

3.2.5 City's Representative. The City hereby designates Brian Dickinson , Public Works/Utilities Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby Chase Keys, P.E. , Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreemen t. The

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-3

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

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assig ned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

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

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

3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to,

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-4

the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

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

3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections

3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

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

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-5

laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

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

3.2.11 Insurance.

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

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-6

limits $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may w ithhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

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

3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the mini mum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-7

excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each i nsurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special li mitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

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

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

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

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-8

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

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

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

3.2.12 Water Quality Management and Compliance.

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

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Co nsultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

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

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

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-9

connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs assoc iated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Seventy -Two Thousand Ninety -Eight and 00/100 Dollars ($172,098.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall giv e written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-10

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

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

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

3.5 Accounting Records.

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

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23152.06000\30453088.2 Exhibit “A”-11

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consul tant may not terminate this Agreement except for cause.

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

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

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

Consultant: HR Green Pacific, Inc.
1260 Corona Pointe Court, Suite 305
Corona, CA 92879
Attn: Timothy Hartnett, Principal-in-Charge

City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Brian Dickinson, PW/Utility Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, w hich are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-12

be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

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

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23152.06000\30453088.2 Exhibit “A”-13

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

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.6.5 Indemnification.

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

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

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-14

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

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

In addition to any and all contract req uirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein wit hout the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-15

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

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

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.6.20 Federal Provisions. (Not Used) When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A-1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-16

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND HR GREEN PACIFIC, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 22nd day of May 2024.

CITY OF COLTON HR Green Pacific, Inc., a Corporation

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

City Manager Title:

Attest:

____ By: _________________________
City Clerk Name:

Title:

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-17

EXHIBIT "A"

SCOPE OF WORK
(Per detail work plan and technical approach of HR Green Pacific, Inc. proposal dated April 18, 2024)
Phase 1 - Project Management
Upon receipt of the Notice to Proceed, a project kick-off meeting will be held to provide an opportunity for the HR Green (Consultant) design team and City Staff to discuss the goals of the City and the project requirements. Minutes of this and all subsequent meetings will be prepared documenting subjects discussed, decisions made, along with action items and their responsible party.

Progress meetings will be held monthly to discuss design, compare cost estimates with available budgets, and to obtain City feedback/ approval on progress made. Progress reports will be prepared monthly to update City staff throughout the design process.

Deliverables
► Meetings Agendas and Minutes
► Monthly Progress Reports
► Invoicing
► General Project and Stakeholder Coordination

Phase 2 – Project Research and Investigation
Task 2.1 – Document Research
Upon notice- to-proceed, consultant will further research and gather all available relevant information, data, and reports. This includes obtaining existing drawing files for topographic and base mapping, as-built data, survey control data, geotechnical studies, right-of-way maps, and existing utility information from the City. Consultant will also research plans not available through City for existing roads, drainage facilities, and utilities.

Deliverable
► Record plans, maps, reports, etc..

Task 2.2 – Utility Coordination
Public and private franchise utility coordination efforts will commence immediately after the project begins. Consultant understand the importance of the early identification of any utility relocations needed to accommodate the corridor improvements due to the lengthy time i t can take to plan and design the relocations.

HR Green is a member of the USA Dig Alert design service, from which they can download contact information to obtain plans of existing utilities within the project limits. If the City also maintains a list of utility contacts HR Green will combine that information with what is provided via Dig Alert to complete a comprehensive list of contacts.

A total of three utility notification letters will be sent out through the course of the project:

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-18

► 1st Letter – Shortly after the Notice to Proceed is issued requesting utility information ► 2nd Letter – After the completion of the 60% plans to confirm proper location of existing facilities and serve as a “Notice to Prepare to Relocate” if deemed necessary ► 3rd Letter – After completion of 100% plans and serve as the “Notice to Relocate Immediately” if deemed necessary
Copies of all communication with the utility companies and the utility disposition matrix will be kept throughout the project and will be submitted to the City with each progress submittal.

Deliverables
► Utility Notification Letters (3)
► Utility Coordination Matrix
► Mapping of Existing Utilities
► Utility Conflict Plans
Task 2.3 – Topo Survey
Subconsultant, Kelsoe & Associates, will first survey the San Bernardino Avenue (SBA) corridor to be widened in 50’ cross sections. He will extend survey beyond the project limits and along Pepper Avenue and driveways along SBA to ensure all tie in points are adequately picked up. In addition to the existing topography all surface features will also be shot as well as all surface utility features. Topographic survey will only be picked up along SBA going roughly 500’ east of Pepper Avenue from the northerly curb line to 10’ beyond southerly right-of-way. See task 2.4 for the rest of project base mapping.

Deliverables
► 1”=20’ topographic map with 1’ contour intervals
► Centerline and existing ROW from record maps and assessor’s data Task 2.4 – Project Base Mapping
Base maps will be prepared in AutoCAD based off the information collected in previous tasks. Topographic survey will be used for the widening area of San Bernardino Avenue, but high-resolution aerial imagery will be used to draw in the rest of the project areas. Base maps will include centerline, right-of-way, property lines and addresses, curb, gutter, sidewalk, driveways, existing striping as well as existing utilities.

This task also includes a detailed field reconnaissance by staff to ensure accuracy of the base maps.

Deliverable
► AutoCAD base plans

Phase 3- Design
Task 3.1 – Conceptual Development
Prior to proceeding to plan preparation consultant will initially complete up to three conceptual design options for all 5 corridors. These will be based on the alternatives provided in Attachment B of the RFP with some refinement and other recommendations by the consultant

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-19

team and consider changes to vehicular lanes, shoulders, lane widths, median widths, street parking changes to incorporate buffered Class II bikelanes, and improved ADA ramps. The developed concepts will be reviewed for consistency and connection to the existing and proposed pedestrian and bicyclist networks in the study vicinity. Pedestrian crossing enhancements, including pavement markings, signage, warning beacons, and/or signalization, will be reviewed
as a part of the concept development. Key intersections will be reviewed for opportunities for safe turning movements for bicycle traffic, particularly when bicyclists need to turn left across major streets. Proposed bicycle and crosswal k marking types will be coordinated with the City’s marking and crosswalk policies for consistency and coordination with long -term maintenance constraints. After City and other stakeholder approval of the preferred concept plan, consultant team will move forward into preliminary (60%) and final design (90% and final).

Task 3.2 – Preliminary Design
Preliminary plans will include the approved layout of the proposed street improvements, pavement rehabilitation, as well as striping. All existing and proposed signs will be called out and identified throughout the corridor. These plans will also include the locations of all localized repairs to be constructed (curb, gutter, sidewalk, curb ramps, trees, AC digouts, etc.). Consultant will perform value engineering as it relates to the various pavement rehabilitation treatment alternatives provided so the City can decide upon the most cost-effective solution. All utilities will also be shown on these plans based on information provided by each respective agency. Preliminary plans may be missing certain design details and profiles that will be included in the final engineered plans.

Task 3.3 – Final Design
After approval of the preliminary plans, consultant will then proceed to final design.

Final design sets will include full existing and proposed profiles of the proposed improvements for the widened section of San Bernardino Avenue and all necessary design details including ADA ramp improvements and curb extensions where applicable.

Design review meetings will be held after each submittal. Final plans will consist of the following sheets:
▪ Title Sheet
▪ Index Sheet with Construction Notes
▪ Typical Sections
▪ Details (including ADA ramps)
▪ Demolition Sheets for San Bernardino Avenue widened section ▪ Street Improvement Sheets for San Bernardino Avenue widened section (Plan and Profile)
▪ Street Improvement Sheets for Randall Avenue overlay (plan view only) ▪ Lighting and Electrical Sheets for San Bernardino Avenue widened section ▪ Traffic Signal Modification Sheets for San Bernardino Avenue widened section ▪ Signing and Striping Sheets
Overall final plan set will also incorporate the separate street improvement project for San Bernardino Avenue between Indigo Street and Pepper Avenue.

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-20

It is noted that no traffic control plans will be prepared. Consultant will ensure that adequate language is provided within the project specifications require the traffic control plans to be prepared by the contractor and approved by the city prior to construction.

HR Green will also prepare preliminary project specifications using the City’s template and reference the Standard Specifications for Public Works Construction (Greenbook), Caltrans Standard Specifications, and the CA MUTCD. Any comments from the City on the draft contract documents will be addressed and the final signed and sealed contract documents will be provided for City approval and signature.

HR Green will prepare a cost estimate with each submittal. Any comments from the city will then be addressed with the subsequent submittal and a final cost estimate will be provided coinciding with the bid schedule included in the project specifications.

Deliverables
► Conceptual Design Layouts (up to 3)
► Project Improvement Plans ( 60%, 90%, and final)
► Project Specifications (90% and final)
► Project Cost Estimates ( 60%, 90%, and final)

Phase 4 – Preconstruction and Bid Support
HR Green will be available for any bid period assistance and to provide any clarification on the design plans during bidding, including the preparation of any addenda required.

This task includes up to 12 labor hours.

Deliverables
► Addenda as Required
► Respond to questions during bidding

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-21

EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
(Not Used)

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-1

EXHIBIT "B"

SCHEDULE OF SERVICES
Contract duration shall be Three Hundred Sixty -Five (365) Calendar Days from the date of issuance of the Notice to Proceed (NTP). The contract duration includes preparation of Plans, Specification and Estimates (PS and E), and Pre-construction and Bid Support. PS and E shall be completed within 180 calendar days form the issuance of NTP. A detailed schedule will be submitted upon issuance of NTP.

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "C"

COMPENSATION
The total compensation is Not to Exceed Amount of $172,098. See breakdown with unit rate on the next page.

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Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.) HR GREEN - FEE PROPOSAL DETAIL - R1
PROJECT NAME: ATP CYCLE 4 - WEST COLTON BIKELANE PROJECT PROJECT NUMBER: 2402545
CLIENT: CITY OF COLTON
CLIENT CONTACT: VICTOR ORTIZ
PROJECT MANAGER: CHASE KEYS
2 85 20 40 24 194 132 156 271 56
$ 350.00 $ 245.00 $ 280.00 $ 250.00 $ 260.00 $ 180.00 $ 180 .00 $ 135.00 $ 120.00 $ 160.00 700.00 $ 20,825.00 $ 5,600.00 $ 10,000.00 $ 6,240.00 $ 34,920.00 $ 23,760.00 $ 21,060.00 $ 32,520.00 $ 8,960.00 $ 164,585.00 $ 2,200.00 $ 5,313.00 $ 172,098.00 $

0.004253121 0.12653036 0.03402497 0.06075888 0.03791354 0.21217 0.1443631 0.1279582 0.197587873 0.05443996 10% 10% Hartnett, Tim Keys, Chase Loriso, Steve Aguilar, Mike J ahn, Brian Casillas, Art MacDonald, Trent Pangco, Monica MacDonald, Jeanne Diaz, Lilly

TASK DESCRIPTION OF TASK PIC PROJ

MGR QA/QC SR
ENGR
SR
ENGR
PROJ
DSNR
PROJ
DSNR
STAFF
ENGR
STAFF
ENGR
STAFF
ENGR

Reimbursables Sub
Total Total
TASK 1 PROJECT MANAGEMENT 23,370.00 $ 275.00 $ - $ 23,645.00 $ 2 54 8 0 0 40 0 0 0 0 250.00 - TASK 2 PROJECT RESEARCH AND INVESTIGATION 25,740.00 $ 275.00 $ 5,313.00 $ 31,328.00 $ 0 4 0 4 0 16 0 64 102 0 250.00 4,830.00

2.1 Document Research 1,500.00 $ -$ - $ 1,500.00 $ 4 8

2.2 Utility Coordination 8,500.00 $ -$ - $ 8,500.00 $ 4 20 40

2.3 Topographic Survey 980.00 $ -$ 5,313.00 $ 6,293.00 $ 4 4,830.00 Kelsoe

2.4 Project Base Mapping 14,760.00 $ 275.00 $ -$ 15,035.00 $ 16 40 54 250.00 TASK 3 DESIGN (30%, 60%, 90%, FINAL) 113,550.00 $ 1,650.00 $ - $ 115,200.00 $ 0 26 12 36 24 132 132 92 164 56 1,500.00 -

3.1 Concept Development (up to 3 alternatives) 32,000.00 $ 275.00 $ -$ 32,275.00 $ 8 4 12 40 48 32 48 250.00

3.2 Preliminary Design 54,760.00 $ 550.00 $ -$ 55,310.00 $ 8 4 8 16 64 64 48 80 40 500.00

3.3 Final Design 14,700.00 $ 550.00 $ -$ 15,250.00 $ 4 2 8 4 8 12 8 24 16 500.00

3.4 Project Specifications 4,650.00 $ 275.00 $ -$ 4,925.00 $ 2 1 4 16 250.00

3.5 Project Cost Estimates 7,440.00 $ -$ - $ 7,440.00 $ 4 1 4 4 4 8 4 12 TASK 4 PRE-CONSTRUCTION / BID SUPPORT 1,925.00 $ - $ - $ 1,925.00 $ 0 1 0 0 0 6 0 0 5 0 - - Exclusions
Permit or other agency fees
Traffic control plans
Erosion control plans or SWPPP
Traffic analysis
Traffic signal timing preparation or implementation
Construction phase services
Bid Support in addition to the 12-hours included in the fee above Other items not specifically mentioned above or the agreed upon scope of work Subs

COST PER HOUR/UNIT (CHARGE-OUT RATE)

TOTAL LABOR COST

TOTAL PROJECT COSTS
% OF TOTAL LABOR COST
Labor Task Total
980
ODC Task Total Subs Task Total Task Total

EXPENSES

TOTAL HOURS

8.b
Packet Pg. 249
Attachment: Exhibit B-HR Green, Inc. Professional Service Agreement (4521 : Contract Award - HR Green Pacific, Inc.)

ITEM NO. 9

STAFF REPORT

DATE: MAY 21, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE AND ADOPT THE FISCAL YEAR 2024-25 BUDGET AND THE ANNUAL GANN LIMIT FOR FY2024-25, RESOLUTION NO. R-
45-24, R-46-24, CHA-02-24, CUA-02-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Adopt Resolution No. R-45-24 approving and adopting the Fiscal Year 2024-25 Budget.

2. Adopt Resolution No. R-46-24 approving and adopting the Annual Gann Limit for Fiscal Year 2024-25.

It is recommended that the Utility Authority Board Adopt Resolution No. CUA -02-24 Approving and Adopting the Fiscal Year 2024-25 Budget.

It is rec ommended that the Housing Authority Board adopt Resolution No. CHA -02-24 Approving and Adopting the Fiscal Year 2024-25 Budget.

BACKGROUND

Staff prepared the draft budget document for Fiscal Year 2024-25. This document is the result of each department s ubmitting its projected budget needs, operating requests, and service level enhancements for the coming fiscal year based on the needs of the community, City Council - driven requests, and operational needs to provide service. The Finance Department aggrega ted these requests and combined them with projections for revenue in the coming fiscal year, for inclusion in this document. All departments were asked to provide a plan to fund ongoing operations without service reductions, but being mindful of the proje cted inflation, supply chain disruptions, increased risk management costs, and CalPERS increases for the coming fiscal year. 9 Packet Pg. 250
Staff Report to the Mayor and City Council
FY2024-25 Budget Adoption
May 21, 2024

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Colton City CouncilMay 21, 2024

Colton City Council
May 21, 2024