Colton City Council
June 18, 2024

The subsistence economy of the Serrano was one of hunting and collecting plant goods, supplemented with occasional fishing. Trade was an important aspect of the Serrano economy, and the T ribe’s territory was a trade nexus between inland and coastal T ribes.

Those living in the lower elevation, desert floor villages traded foodstuffs with people living in the foothill villages who had access to different resources. In addition to intervillage trade, ritualized communal food procurement events, such as rabbit and deer hunts and nut - gathering events, integrated the economy and helped distribute resources available in different ecozones. Ethnohistory also suggests the Serrano played a role in the trade of horses from the southwest to the California coast.

Today the Serrano people actively maintain their cultural heritage and legacy through different Tribal organizations, including the Yuhaaviatam of San Manuel Nation (formerly the San Manuel Band of Mission Indians).

Cahuilla
Evidence suggests the Cahuilla migrated to southern California about 2,000 to 3,000 years ago, most likely from the southern Sierra Nevada ranges of east -central California.

The Cahuilla settled in a territory that extended west to east from the present- day city of Riverside to the central portion of the Salton Sea, and south to north from the San Jacinto Valley to the San Bernardino Mountains. Socio -political organization within the Cahuilla included three primary levels. The highest level was the cultural nationality, encompassing everyone speaking a common language. Next were two patrimoieties called the Wildcats (tuktum) and the Coyotes (‘istam). The third level consisted of units called sibs, or patrilineal clans. Lineages within a clan cooperated in many ways, including defense, communal subsistence activities, and religious ceremonies. Each lineage maintained ownership rights to locations used for hunting and collecting food.

The Cahuilla had less interaction with Europeans b ecause the topography and paucity of water rendered the area unattractive to colonists. By the 1820s, however, the Pass Cahuilla experienced consistent contact with Mission San Gabriel’s ranchos, and the Mountain Cahuilla were recruited to Mission San Luis Rey and employed on private ranchos. Mexican ranchos were near Cahuilla territory along the upper Santa Ana and San Jacinto rivers by the 1830s, providing the opportunity for the Cahuilla to learn new agri cultural techniques and earn money. However, diseases introduced by immigrants, such as smallpox, contributed to the decimation of the Cahuilla and other Native American groups.

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Historic Overview
Post-Contact history in California is generally divided into three periods: the Spanish (or Mission) Period (1769–1822), Mexican (or Rancho) Period (1822–1848), and American Period (1848–present). The Spanish Period in California begins with the 1769 establishment of San Diego’s Mission San Diego de Alcalá. Mexico’s i ndependence from Spain in 1821 marks the beginning of the Mexican Period, and the signing of the Treaty of Guadalupe Hidalgo in 1848, ending the Mexican -American War, signals the beginning of the American Period when California became a territory of the United States. Given the relevance of the each of these periods for Colton and San Bernardino County, the following overview explores how these larger trends played out in both the larger area of San Bernardino County and Colton itself.

Spanish Period (1769 to 1822)
This section describes the Spanish, or Mission, period. In the mid -1500s and mid -1700s, Spanish explorers launched expeditions to sail the coast of California. Juan Rodríquez Cabríllo stopped in 1542 at present -day San Diego Bay and explored the shorelines of what is now known as Catalina Island, San Pedro, and Santa Monica Bays. The Spanish crown laid claim to California based on the surveys conducted by Cabríllo and other early explorers.

Spaniard Pedro Fages was the first European to pass through San Bernardino Valley in 1772.

Looking for deserters from the San Diego military post, Fages crossed into San Bernardino Valley, crossing the Santa Ana River at what is now called the Pedley or Riverside Narrows .

In 1774, the expedition of Juan Bautista de Anza entered the San Bernardino Valley through the Riverside Narrows. Anza’s expedition opened an overland travel route from Sonora in the Mexican interior to Monterey in California. After Anza established a mission and presidio in San Francisco in 1775, another 30 years passed before Spaniards returned to the region.

The Spanish established 21 missions in California that paralleled the coastline between San Diego and Sonoma. Coastal locations were preferred for colonization since they were easier to defend and supply. However, as the chain of missions prospered, their livestock holdings increased and became vulnerable to theft. The Spaniards responded by planning inland missions that could provide additional security and establish a presence beyond the coast.

By 1806, a formal expedition to find potential locations for these inland missions was mounted to the San Bernardino Valley. In May 1810, Fr. Francisco Dumetz established a religious site, or capilla, at a Cahuilla ranchería called “Kaawchama” (Hispanicized as “Guachama”) (Beattie and Beattie 1939:5). The valley received its name from this site, which Dumetz dedicated to San Bernardino de Siena in honor of the saint’s feast day, celebrated on May 10 (Federal Writers’ Project 1939). From these early beginnings, the valley, the mountains, and eventually the city and county were named. Mission lands, extending from the San Bernardino Valley to the Cajon and San Gorgonio passes, were primarily used for grazing cattle and sheep (Hampson et al. 1988). In 1933, the Guachama Rancheria, southwest of Redlands, was listed as California State Historical Landmark No. 95.

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Figure CR -21. “Guachama” Rancheria, CA Historical
Landmark #95. Source: Michael Kindig, 2005
Figure CR -22. “Guachama” Rancheria, CA Historical
Landmark #95. Source: Michael Kindig, 2005
Mexican Period (1822 to 1848)
This section describes the Mexican, or Rancho, period. In 1821, after more than a decade of intermittent rebellion and warfare, “New Spain,” which included Mexico and California, won its independence from the Spanish.

As the new era began, extensive land grants were established in the interior of California, including southern California, in part to increase the inland population. The influence of the California missions waned in the late 1820s and early 1830s . In 1833, this diminishing influence was sealed with the adoption of the Secularization Act . With this, the Mexican government privatized most of the church’s land, including the missions. By 1836, this process had reduced most missions to parish churches and released their vast properties.

Earlier secularization plans had called for redistributing lands to Native American neophytes, who had been responsible for building the mission empire. However, following adoption of the Secularization Act, former mission lands and livestock were redistributed by the Mexican government through several hundred land grants to non–Native American ranchers (Langum 1987:15–18). The Mexican citizens who received the ranchos subsequently released their neophyte “workers” to fend for themselves.

In San Bernardino County, the first of these land grants was made in 1838 to Juan Bandini.

This was known as the Jurupa Grant , spanning 32,000 acres between Slover Mountain and the Chino Hills. Immediately upon receiving his grant, Bandini began stocking his rancho and built an adobe where he and his family resided (Brown and Boyd 1922; Hampson et al. 1988).

In 1842, a second land grant in San Bernardino County was given to Antonio Maria Lugo of Los Angeles. This grant, known as Rancho San Bernardino, included over 37,000 acres of land in San Bernardino Valley. Its boundary ran west of Colton’s present -day city limits. The San Bernardino Rancho was held by the Lugo family until they sold it to the Mormons in 1851 (Brown and Boyd 1922). Colton largely consists of the remnants of these two large -scale grants: Lugo’s Rancho San Bernardino and Bandini’s Jurupa Gran t. During this period, the creation of the Old Spanish Trail in 1829 established a direct link between Colton and other southwestern states (which in turn led to the creation of the Agua Mansa and La Placita settlements, described in more detail below). Colton became an important site along the trail as the location for an annual rendezvous of traders.

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American Period (1848 to present)
The Mexican-American War ended with the Treaty of Guadalupe Hidalgo in 1848, ushering in the American Period in California. In 1850, California officially became a state. Horticulture and livestock, based primarily on cattle as the currency and staple of t he rancho system, continued to dominate the southern California economy through 1850s. As the 1860s began, Native American residents of San Bernardino comprised more than half (3,200 of 5,000) of the total population. However, in 1862, a smallpox epidemic in San Bernardino took a tremendous toll on the Native American population, which experienced devastating losses.

In the 1870s, efforts to establish a southern transcontinental railroad, which had been on hold during the Civil War, were revived. In 1871, the Texas and Pacific Railway Company conducted surveys in support of this initiative. In 1873, however, when const ruction of the Texas & Pacific line stalled, San Francisco railway investors stepped in to extend their own Southern Pacific Railroad line through Imperial Valley in 1877 (Yenne 1985). This same year, in 1873, American -era settlement in Colton gained momentum with the formation of the Slover Mountain Colony Association. Led by president William H. Mintzer, the association obtained approximately 2,000 acres of land on the plains of the Santa Ana River, which the association in turn platted and offered for sale. One of the first settlers was Pennsylvania- native Dr. W.R. Fox, who purchased 40 acres (for $1,430) and became the fledgling town’s first residents. Dr. Fox’s home was on Citrus Street. During these early years, Colton saw its first school district and newspaper established.

One of the most consequential days in Colton’s history during these founding years was August 11, 1875. On this day, the first train of the Southern Pacific Railroad arrived in town (Maltsberger 1974:7). Seven years later, in August 1882, Colton’s status as a “hub city” took a significant step forward with the opening of the Santa Fe Railroad line in Colton.

In Colton (as throughout California), the advent of the transcontinental railroad was a powerful catalyst for development and new settlement. Even in this broader story, though, Colton’s status as home to the overlapping lines of the region’s most important connectors was exceptional. Against this backdrop, in the 1870s and 1880s, the presence of the multiple railroad lines not only brought new growth but also served to put Colton on the map.

Figure CR -23. The City’s bustling Southern Pacific
Railroad Depot. Source: City of Colton
Figure CR -24. Early view of Colton, railroad and
orchards. Source: City of San Bernardino

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Figure CR-25. 1973 view of the Earp House (528 W . “H”
St.), Historical Landmark No. 33. Source: Maltsberger
Figure CR-26. The landmark Earp House as of 2022.

Source: Google Maps
In July 1887, Colton incorporated as a city, spanning about one square mile. In a reflection of the primacy of the railroads, the town was named for David Doulty Colton, Southern Pacific Railroad Vice President (and former Civil War general). The City’s first marshal was Virgil Earp, of the famous Earp family; the Earp House (528 West “H” Street) is Colton Historical Landmark #33. In 1884 , Earp's father, Nicholas Earp , was elected justice of the peace in Colton. In 1886, Virgil Earp opened a private detective agency, and by July , he was elected village constable. The Earp family has had a long presence in Colton, extending into the 21st century, when W. Don Earp (1944-2020) served on the Historic Preservation Commission.

With this interconnecting hub of lines, the City was, and still is, a major rail hub for the region.

This position at the intersection of important rail lines contributed to the City’s rise as a major shipping and transportation hub. Colton became the only place in California where two transcontinental railroads met. As such, it played a vital role in reg ional agricultural development and settlement. With the railway providing access, new settlers arrived , primarily from Tennessee, Alabama, Massachusetts, Illinois, Pennsylvania, and Kansas.

The 1870s brought another milestone event to the region: the first citrus trees and groves were planted, and Colton quickly became a major producer of citrus products. In Colton, the first groves were planted in 1875 by William Fox and Reverend James Cameron, who selected land in the “Terrace,” in present-day north-central Colton, for their farms and homesteads.

This elevated area, with its favorable temperatures, soon became Colton’s principal fruit growing section. (The Terrace is the location of one of the City’s designated historic districts.) As the City grew, other areas were also planted with fruit and nut trees. New groves in turn attracted more workers, drawn to Colton’s emerging employment centers in agriculture, railway lines, lumber, and shipping, and cement works. During this time, following the devastating floods of the 1860s, some residents of La Placita and Agua Mansa (both of which are described in detail below) relocated to South Colton. Stores and hotels were constructed for the fledgling community, but in general, the town developed gradually in its early years.

According to San Bernardino Tax Assessor data, Colton retains at least 50 properties, mostly residential, from the 19
th century. The highest concentrations of 19th century buildings are in clusters east and west of North La Cadena Drive and in South Colton. Historical archaeological remains associated with the eras described above and below may also be present throughout the City, especially within the City’s historical center. A series of ArcGIS maps illustrating construction dates in Colton appear at the conclusion of this section.

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Boom of the 1880s
As of 1880, Colton had a population of approximately 300. By decade’s end, the population had expanded nearly fivefold, to over 1,300. As with other communities throughout southern California, the establishment of the transcontinental railway brought new settlement. When a railway rate war began in the 1880s, passage to southern California was aggressively marketed throughout the United States, with prices for a transcontinental trip dipping to a single dollar. With this, the ongoing influx of settlers turned into a flood, with an accompanying round of speculative real estate development and new townsites and tracts.

During the boom of the 1880s, Colton—as an emerging transportation hub—saw particularly dramatic growth. The second important railroad line arrived in Colton at this time, in 1882, with the establishment of the California Southern Railroad (a subsidiary of the Atchison, Topeka and Santa Fe line). This line extended into Colton from San Diego, and Colton’s new status as a crossroads of two major railroads further stimulated its growth and increased its connections to other cities. During this time, residenti al, commercial, and infrastructure development expanded rapidly to serve the growing population.

Formally incorporated in 1887, Colton had already become one of California’s leading citrus- producing, processing, and shipping communities by the late 1880s . Additional transportation links established during this period included a road and streetcar line into San Bernardino in 1887 and 1902, respectively. The streetcar line became part of the Pacific Electric Company in 1913, further establishing Colton as a transportation hub for the region.

In these founding years, e arly local commerce was largely based on the railroad, citrus growing, processing and shipping, cement manufacturing, and limestone and marble quarries. The citrus industry, however, quickly became Colton’s principal employer; as in neighboring communities, the citrus industry was the economic engine for growth.

As the 1880s boom turned to an 1890s bust throughout southern California, Colton largely maintained its expanded population, losing only 30 residents between 1890 and 1900 (1,315 to 1,285). And, in a reflection of Colton’s regional and national profile, the 19 th century
ended with a visit from US President William McKinley in 1898, setting the stage for the 20 th century.

Figure CR -27. Orange crate label for Colton
Orange Growers Association. Source: Colton Area
Museum
Figure CR -28. Colton citrus packing house, 10 th Street between H and I streets. Source: Maltsberger

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Figure CR -29. Ashley House (736 N. La Cadena Dr.),
Historic Landmark #1. Source: City of Colton
Figure CR -30. Van Luven House (611 N. 4th St .),
Historic Landmark #38. Source: City of Colton
Turn of the Century through the Roaring 1920s
The opening decades of the 20 th century were eventful for Colton. With the population growing more than sixfold between 1900 and 1930 (from 1,285 to over 8,000), Colton took its place among the region’s emerging cities. New construction expanded in all directions, with the largest concentration from 1900 to 1929 east and west of North La Cadena Drive, south of Laurel Street, and throughout South Colton. Among parcels with dates of construction, Colton retains more than 1,100 buildings from 1900 through 1929. The maps in Figure CR-60 through Figure CR-63 provide an overview of these dates of construction.

A variety of new institutional and social organizations were established during this time, to serve new residents and continue attracting settlers and businesses. I ndustrial ventures included Globe Flour Mills, which opened in 1902 as one of the largest mills in California, and the Pacific Fruit Express, in 1908. Other enterprises that continued to serve as employment centers included the California Portland Cement Works. Social, community, and commercial organizations such as the Chamber of Commerce and the Colton Woman’s Club were founded in the 1900s. And by 1909, Colton was home to four elementary schools and a high school, serving 120 students.

The year 1908 brought a Carnegie-funded library to Colton. Through the efforts of the Colton Woman’s Club and City Council, and partial funding from the Andrew Carnegie Foundation, the new Classical-Revival style library opened to the public in November 19 08. The building currently houses the Colton Area Museum and is Historic Landmark #8.

Apart from introducing Prohibition to Colton, the 1910s saw the establishment of Colton Hardware, the Colton Courier, and new churches and schools, including Lincoln School, Jewel Methodist Church, and the Mexican Baptist Mission. Among those parcels with associated construction dates, nearly 1,200 of the extant properties in Colton were constructed between 1900 and 192 9, with the 1920s representing more than half of those. The 1920s capped th is expansion, with the opening of churches , schools (including San Bernardino Valley College), clubs (Rotary Club and Kiwanis Club chapters), a remodeled City Hall, and recreational centers such as the Caldera Plunge, Municipal Park Plunge, and Fleming Park, the latter of which was donated by Colton Portland Cement Company and remains in active use. Colton’s first airport was also constructed during the Roaring 1920s, in 1927.

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Figure CR -31. Fleming Park, shown in circa 2021,
Historic Landmark #2. Source: City of Colton
Figure CR -32. Caldera Plunge, shown in circa 1926.

Source: South Colton Oral History Project
Behind this economic growth, of course, was the labor force that made it possible. On the whole, the workers driving Colton’s early growth were immigrant and migrant workers.

Leading up to the early 1880s, for example, Chinese immigrants in Colton were essential laborers working on the railroad, in agricultural fields, canneries , and laundries. Passage of racially exclusionary immigration laws in the early 1880s, however, led to a decrease in Chinese (and Japanese) immigration. To fill the gap, employers, including citrus farmers and railway lines, actively recruited Mexican workers (Howell-Ardila, 2018).

The continuing need for a readily available, ever-growing labor pool, coupled with events in Mexico, set the stage for a significant influx of Mexican immigrants to Colton and the region in general. The boom in the level of Mexican immigration to the United States in the 1910s rested on two central events. The first event was the Mexican Revolution, from 1910 to 1920, which triggered waves of immigration to the US. The second event was the US entry into World War I, which created a national labor shortage.

These two events provided the backdrop for a large influx into the United States, with Latino communities in southern California growing significantly. Many people and families came to communities that were already well established, to join friends or relatives. New immigration laws passed in 1917 also sought to end the pattern of circular migration for migrant workers by making it preferable to settle permanently. This lent itself to the formation of cohesive ethnic enclaves, where cultural and religious traditions survived and flourished.

Through the 1910s, the political turmoil in Mexico, then, along with the ongoing demand for workers, shifted the balance in favor of laborers from Mexico . This trend was shared in the growing industries of Colton, San Bernardino County, and the region in general, including in mining and agriculture. The Southern Pacific Railroad also employed Mexican and Mexican- American laborers for construction and maintenance of the rail lines. Railroad labor camps built adjacent to the tracks contributed to the establis hment of South Colton’s Mexican American community (National Park Service, 2004).

In addition, South Colton’s location near the railroad and cement plant, along with existing Spanish-speaking settlers, drew new Mexican immigrants to the community. South Colton residents also interacted with Agua Mansa residents who shared their Hispanic roots – one indicator of close cultural ties is seen in the relocation of the San Salvador Church to South Colton in 1912.

The area became almost exclusively Hispanic by about 1910.

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Figure CR-33. Early map of Colton, n.d. Shows the intersecting railway lines, adjacent small lots for residential and commercial settlement, and larger-scale parcels for small farms to the north. Note the cement and marble works in the lower-left hand portion of the map. Source: City of Colton

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Figure CR -34. Spanish Revival style home at 1167
North 9th Street. Source: City of Colton
Figure CR -35. Row of Craftsman bungalow homes.

Source: City of Colton
In terms of residential expansion through the first quarter of the 20 th century, many new homes were constructed on “F,” “G,” and “H” Streets, between 9th and La Cadena Drive (formerly San Bernardino Stree t). An extended swath of North La Cadena Drive retains a notable concentration of historic properties and is one of the City’s designated historic districts. These were primarily large -scale homes exhibiting Craftsman and period -revival architectural styles. Most faced south, towards the commercial center of town.

In 1902, La Cadena Drive became a major thoroughfare and the location for a streetcar line, further facilitating access and increasing its attractiveness as a corridor for residential and commercial development . (That line later became part of the Pacific Electric Company’s streetcar system.)
Colton’s status as a key transportation hub in the Inland Empire continued to fuel growth.

Additional land was subdivided and annexed, including the Raynor Addition on 9th Street between E and H Streets. Homes in this neighborhood constructed between the early 1900s and 1930s display a range of period revival styles and the Craftsman style.

Through this time, in terms of the agricultural industry, Colton’s original citrus processing center shifted from the east to the west side of town, following the establishment of the California Southern Railroad. This line ran parallel to Sixth Street along the eastern edge of the Terrace. The area became a hub of activity with numerous packing and canning plants.

The two major local citrus associations were the Colton Fruit Growers Association and the Colton Fruit Exchange.

Figure CR -36. Streetcar line through downtown
Colton, circa 1910. Source: City of Colton
Figure CR-37. “I” Street commercial corridor in 1920s,
after rise of the automobile. Source: Olson, 1989

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Figure CR -38. Garfield School (1927). Source: South
Colton Oral History Project
Figure CR -39. First Baptist Church, 1920s. Source:

Olson, 1989
Great Depression & World War II (1930 to 1945)
In Colton, the onset of the Great Depression slowed but did not stop new development. The population expanded through the decade, from just over 8,000 to nearly 9,700. Among those parcels with dates of construction, over 400 extant buildings in Colton were constructed during the 1930s. The maps in Figure CR-60 through Figure CR-63 provide an overview of these dates of construction.

Through the Great Depression, the local citrus industry experienced a decline, as land began to shift from agricultural to residential uses . Following a peak in productivity for the citrus industry, by 1936, the Colton Fruit Exchange , with its business dwindling, closed its packinghouse. Orchard land in the southern portion of the “ Terrace” area began being subdivided and developed for residential use.

Residential construction in the area included
neighborhoods of Minimal Traditional style homes, as well as other period-revival styles.

While Colton’s overall rate of growth slowed during the Great Depression, new infrastructure projects funded by the New Deal and Works Progress Administration arrived. Two of these are prominent designated landmarks in Colton: Fire Station No. 211, constru cted in 1936, and Woodrow Wilson School, constructed in 1938.

Featuring a Spanish Revival architectural style, Fire Station No. 211 is at 303 East “E” Street.

The building, which is Colton’s Historic Landmark #10, was designated in 1991. Woodrow Wilson School , which exhibits a WPA/Streamline Moderne architectural style, was constructed at 750 South 8th Street in South Colton in 1938. The school is Colton’s Historic Landmark #45 and was designated in 1995.

Figure CR -40. Woodrow Wilson School (1938),
Historic Landmark #45. Source: City of Colton
Figure CR -41. Colton Fire Station built in 1936 with
WPA assistance. Source: Dennis Bickers, 2009

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Another notable change in the City during this period was the end of streetcar service due to a decrease in ridership stemming from the popularity of the automobile. The Pacific Electric made its final trip in 1940, and the tracks were later removed. By the eve of the Great Depression, Colton’s commercial amenities and corridors were well established. In South Colton, for example, the community could rely on nearly 20 grocery stores, multiple churches, barbershops, shoe repair, appliance and hardware stores, and restaurants (South Colton Oral History Project, 2017).

At the same time, the onset of the Great Depression saw the rise of nativist, anti-immigrant sentiment; by 1932, the federal government began a repatriation program that resulted in the expulsion and deportations of an estimated 500,000 Mexican -Americans in the United States through the course of the 1930s (California Office of Historic Preservation, 2015). This disproportionately affected those cities with large Mexican and Mexican -American communities, including Colton and other neighboring communities.

In 1937, the Colton Courier observed that, in spite of the Great Depression, the City recorded “prosperous and progressive years, local building and industry are high” (Olson, 1989:583).

The next year, in 1938, however, a devasting flood wreaked havoc in Colton and neighboring communities. By the early 1940s, however, the region’s economy received a significant boost with federal, war-related investment and infrastructure, including a significant military buildup in preparation for and upon entering World W ar II. Nearby Riverside was home to several major military installations, including March Field and Camp Haan , where tens of thousands of troops completed their training. Camp Anza also served as a staging center for soldiers entering or returning from the Pacific Theatre of war (City of Riverside, 2015; United States Air Force, n.d.).

Colton’s expansion during World War II is still reflected in the built environment. In addition to the annexing of east Colton in 1940, Colton saw robust new construction during the war years, with over 500 extant buildings dating to 1940 and 1944.

Post-World War II Boom (1945 to 1969)
Colton experienced a rapid growth in postwar years, with expansion of the population and the C ity itself, through annexations. With this heightened demand for housing— and the national housing shortage reaching crisis levels in the immediate postwar period —the loss of agricultural land accelerated. Colton saw a residential building boom as well as commercial, office, and institutional development.

Figure CR-42. Colton Civic Center.

Source: City of Colton
Figure CR-43. Howard Johnson Restaurant.

Source: City of Colton

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Between 1940 and 1960, the population of Colton expanded 50 percent, rising to over 14,300 by 1950, and up to 18,600 by 1960. This boom is reflected in the extant City—among parcels with dates of construction, nearly 10 percent were built between 1940 and 1969. This construction boom lives on in highest concentrations north of the I-10, to the west and east of the La Cadena Drive north-south corridor.

Colton continued to serve as an important rail hub in the region, a status reflected in a 1948 visit by President Harry S. Truman , who selected Colton for a campaign speech (Harry S.

Truman Library and Museum 2008). After 1950, as industrial and urban development increased, agricultural uses decreased. To support its growing population, Colton gained new shopping centers and a new civic center constructed in the early 1960s.

In addition, redevelopment projects resulted in a considerable number of buildings being demolished, including a portion of the central commercial district that was lost to the construction of I -10 (San Bernardino Freeway) along a portion of what was once J Street.

Many businesses in the older commercial district relocated to other areas of the City.

The postwar years also brought initiatives for honoring veterans. For example, the Fidel Hernandez American Legion Post (No. 754) was established in South Colton, named after one of Colton’s first World War II casualties. Colton also established a chapter of the American G.I. Forum, a national organization founded in 1948 for Latino servicemen and women.

Figure CR-44. Fidel Hernandez American Legion Post
(No. 754) and American G.I. Forum Members, circa
1969. Source: South Colton Oral History Project
Figure CR -45. Downtown commercial corridor in the
1940s, with Helman Department Store on left. Source:

City of Colton
With the postwar years , modernist architectural styles arrived in Colton—with buildings influenced and inspired by the International Style, Mid-Century Modernism, and later styles such as New Formalism. Modernist -inspired styles are most often seen in the City’s institutional, office, and commercial architecture. Overall, these styles sought a break with the ornamental, period-eclecticism of the 1920s and 1930s. Common ideas included moving away from Classical forms of architecture and basing design on the function of the building, and honestly expressing materials and structure.

In southern California, a middle path for modernist architecture also emerged. Called “Mid- Century Modernism” or Regional Modernism, this style brings together the formal, machine- age aesthetic of the International Style with regional identify, local precedent, materials, and topography. More of a vocabulary than a style, the various strains of Mid- Century Modernism became common throughout the United States in the postwar period, in particular in residential design, with southern California becoming a world-famous center for modernist design and culture.

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Circa 1970 to Present
As agricultural property was transformed into industrial property and the Ontario airport expanded, agricultural enterprises in the Colton area decreased. In the 1970s, the Colton area experienced rapid population growth as people working in Los Angeles an d Orange Counties sought more affordable housing in suburban areas.

This growth is reflected in the City’s present -day built environment. Among parcels with associated construction dates, at least 1,000 extant properties in Colton were constructed in the 1970s. As shown in Figure CR-60 through Figure CR-63, the largest swaths of post-1970s construction are in the northwest and southeast quadrants, and South Colton.

Colton, as well as the larger Inland Empire region, experienced another building boom in the 1980s, as people in surrounding areas such as Los Angeles and Orange counties sought housing in outlying suburban areas. N umerous new neighborhoods emerged at this time, including in the areas of Cooley Ranch and Reche Canyon on the east side of the City .

According to San Bernardino County parcel data, over 22 percent of the City’s buildings were constructed in the 1980s.

This expansion was also reflected in the City’s population, which nearly doubled from approximately 21,000 to 40,000 residents.

Expanded commercial and institutional
development arrived along with this increase, to support the growing demand for goods and services. The Colton post office, for example, became overcrowded with such dramatic growth; thus, a new post office was built in 1970.

Around the same time, the Colton I -10/I-215 freeway interchange was modernized and rebuilt, and construction began on a new San Salvador Church (Maltsberger 1974). In the 2000s, the Agua Mansa area saw increased industrial development and a new sewage treatment plant, the Colton/San Bernardino Rapid Infiltration and Extraction Facility (Sheffield 2004).

At present, Colton encompasses nearly 16 square miles, with a population of over 50,000.

Figure CR-46. Colton’s new US Post Office. Source: City of Colton
Figure CR -47. Better Business Bureau (315 N. La
Cadena Dr.). Source: City of Colton

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Agua Mansa and La Placita
In 1842 and 1843, a dozen families from New Mexico relocated to southern California.

Leading the group was Lorenzo Trujillo and several other men of Mexican and Native American descent. The men had served for years as trade- caravan guides along the Old Spanish Trail, from Santa Fe to Los Angeles.

These pioneering settlers represent the first colonizing expedition from northern New Mexico to southern California. The community they founded was the first post -Mission era settlement, not to mention the first Catholic parish, east of San Gabriel ( Harley 1991 ).

Although short-lived, these pioneering communities paved the way for the founding of the Inland Empire’s two largest cities: San Bernardino (founded 1851) to the northeast, Riverside (founded 1870) to the southwest, along with Colton to the northeast (founded 1873).

The two communities, Agua Mansa and La Placita (known collectively as “San Salvador”) were founded on opposite sides of the Santa Ana River in San Bernardino Valley. Known as the “Bandini Donation,” the land was given to the settlers in 1843 by Juan Bandin i. Bandini gave over 2,200 acres of his Jurupa grant to the settlers; in exchange, they worked as vaqueros and provided security for Bandini’s livestock and holdings (Waitman 1991:41).

From the Bandini Donation, Trujillo and his fellow pioneers established the new towns of Agua Mansa and La Placita de los Trujillos in 1844 and 1845, respectively. Agua Mansa, meaning “gentle water” in Spanish, was on the north bank of the river, and La Placita de los Trujillos, referring to a plaza that connected the founding Trujillo family’s homes, was on the south bank (Harley 1996 :30; Waitman 1991). These small agricultural communities prospered in the fertile Santa Ana flood plain, growing grapes and grain; raising sheep, goats, cattle, and horses; and selling surplus in both the San Bernardino and Los Angeles markets.

Fruits and vegetables thrived with little irrigation in the productive, low-lying farmland.

Agua Mansa and La Placita differed from other Californio settlements in two important ways.

In contrast to the quasi-feudal system of contemporary ranchos, Agua Mansans (as they were collectively called) owned their own land and were economically independe nt. Each family owned a narrow lot that included river frontage, farm fields, and grazing lands. Although they worked as vaqueros and a security force for Bandini, each family sustained itself with the fruits of the land (Harley 1996).

Figure CR -48. Trujillo Adobe, Riverside County
Historic Landmark. Source: City of Riverside
Figure CR -49. Agua Mansa Pioneer Cemetery, Historic
Landmark #7. Source: City of Colton

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Figure CR-50. San Salvador Church, n.d. Source: Frank Acosta The Catholic residents of Agua Mansa and La Placita built an adobe church in La Placita in 1852, but it collapsed prior to its completion. The replacement church, named San Salvador and on high ground in Agua Mansa, served the valley from 1853 through 1878 .

The associated cemetery at Agua Mansa remains the county’s oldest cemetery and is designated as Colton Historical Landmark No. 7 and California State Historical Landmark No. 121. The cemetery is estimated to contain 6,000 to 6,500 graves (Maltsberger 1974:27).

In early 1862, fifteen days of rain triggered a devastating flood on January 22, destroying both Agua Mansa and La Placita. Adobe buildings melted and collapsed. Trees, crops, and fertile soils washed away; and coarse sand covered what remained. Involving approximately 320,000 cubic feet per second, this was the largest flood event in the recorded history of the Upper Santa Ana River Basin. Only the church, graveyard, and Cornelius Jensen’s home in Agua Mansa survived the deluge; La Placita was entirely des troyed (Sidler 1991).

The Los Angeles Star gave the following account:

The flood in the Santa Ana river [sic] was so great as to pour into the town, washing away the houses, leaving the people without shelter. The church, fortunately, withstood the flood, and thither the people flocked. Everything, of provisions and clothing, has been destroyed, and the people are left absolutely in a state of starvation. There are now fully 500 persons in the church, without the means of subsistence… (Cleland 2005:129) Agua Mansa was rebuilt in place, and La Placita was rebuilt on higher ground, on a plateau on the western side of the La Loma Hills. The communities never regained their former prominence, however (Harley 1996:7, 24). With the move to higher and less fertile ground, irrigation became a priority for the communities. Post -flood rebuilding efforts included construction of two earthen canals, drawing water from the Santa Ana River. The Agua Mansa Ditch ran south and west from the river to water its namesake community, whereas the Trujillo Ditch ran due south to water La Placita (Harley 1996:20; Scott 1977:70, 81).

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Because local residents referred to the rebuilt La Placita as “Spanish-town” (Harley 1996:15), an alternate name for the Trujillo Ditch was the Spanishtown Flume (Scott 1977:73, 81).

The establishment of Riverside County in 1893 divided La Placita in two. Along with the creation of new churches and schools to serve the north and south portions of the community, the balance of power among the resident families shifted. Long dominated by the Trujillo family, north La Placita was now led by the large Garcia family. David Santiago Garcia, Sr., who was born in Agua Mansa in 1866, acquired the lands of several settlers who had moved away by the 1890s. Anton Pellissier moved into northern La Placita around the same time (Harley 1996:19 –20), built a house on the former site of another Garcia family home (Loehr 1993:11), and operated a dairy and winery. Pellissier emigrated from France in 1888 and by 1920 lived with his second wife and two children on North Orange Street.

Northern La Placita continued to be used for agriculture through the 1980s.

South Colton
One of the oldest areas of the City, South Colton was also the traditional home for a long- time Mexican-American communities in the region. In 2004, South Colton’s Mexican - American community was recognized in the National Park Service’s landmark study, Five Views: An Ethnic Historic Site Survey for California (National Park Service, 2004).

Spanning approximately 1.4 square miles, the area developed as a predominantly Latino quarter, with four main barrios , or neighborhoods: La Reserva in the northwest, La Calle Cinco along 5th Street, La Calle Siete along 7th Street, and La Paloma east of La Cadena Avenue. South Colton is generally south of the Southern Pacific Railroad and I -10, between the Santa Ana River to the east and Slover Mountain to the west.

As of 2004, among a population of 3,350, 85 percent of the South Colton residents were of Mexican descent. With this cultural cohesiveness, over time South Colton developed an independent identity and culture. Some of the earliest residents in South Colton came from the settlements of Agua Mansa and La Placita. In addition, immigrants employed by the railroad and citrus industries, and the local cement factory settled in South Colton in the early 1900s. During the Mexican Revolution in 1910 to 1920, a large outmigration took place, with many people arriving in Colton and the surrounding areas, which offered proximity to the Southern Pacific Railway and other transportation lines and emerging employment centers.

Figure CR-51. Early Latino settlers of South Colton, from left to right: Mejia Family, Victoria and Sixto Rivera, Juana and Tomás Luna. Source: South Colton Oral History Project

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With this, South Colton’s proximity to a robust and expanding industrial base made the area a good option for workers. With the area’s more industrial nature—and periodic traffic stops impeding access, as long trains passed by —the principal commercial and residential zones emerged north of the railroad line. While South Colton was initially home to a multicultural mix of Anglo and Latino residents, the area became the nucleus of the City’s long-time Latino community over time. As noted in “Five Views,” “These communities were founded next to the tracks because that was often marginal land, affordable and close to work, and because de facto segregation existed” (National Park Service 2004).

Railroad section housing was established for employees of the railroads adjacent to the tracks. Sanborn Fire Insurance maps from the 1910s and 1920s depicted tenements near the tracks, including those labeled as “Mexican Tenements” adjacent to the ATSF line between M and N Streets. Another link between the railroad and community expressed in the buil t environment was the construction of homes by area residents using recycled wood from railway cars.

Residents found work in citrus, the local cement and ice plants, and traveling for seasonal harvests. Pioneering entrepreneurs in the community also established their own businesses, such as grocery stores, auto repair garages, social halls, barber and shoe repair shops, bars, restaurants, and furniture and hardware stores.

Juan Caldera, a resident and entrepreneur,
developed a sports complex with a swimming pool and baseball park for use by the predominantly Mexican-American community members; at the time, due to segregation, equivalent facilities in predominantly Anglo -American areas of town would have been off- limits. Recreational facilities, which also included a bullring and boxing arena, were west of Fifth Street between Agua Mansa Road and Fogg Street.

Figure CR -52. South Colton citrus
workers. Source: Lee Muratalla , South
Colton Oral History Project
Figure CR -53. Asociacion de Trabajadores Unidos, founded in 1917.

Source: South Colton Oral History Project

Figure CR-54. Cervantes Market. Source: South Colton
Oral History Project
Figure CR-55. Caldera Plunge, shown in ca. 1926.

Source: South Colton Oral History Project

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From the earliest days, South Colton’s predominantly Mexican -American residents experienced discrimination and exclusion on a variety of fronts . C ommunity members interviewed for the South Colton O ral History Project recalled segregated schools and theaters, and exclusionary practices at local hospitals, restaurants, schools, and recreational facilities, including the public pool in North Colton. In Latino neighborhoods and communities in these early years, however, exclusion from the outside often meant active community building on the inside. In this climate, “Barrios and colonias developed and survived through a combination of force and choice…the village was home, neighborhood, playground, and social center;” the barrio came to include “churches, sports teams, entertainment groups, and mutualistas—mutual aid societies —which took care of the community members ” (Gonzalez, 1991).

This pattern fit for South Colton’s community. M utual aid societies and union groups that emerged in Colton the early 20
th century included Trabajadores Unidos (Workers United), formed in 1917 as cement plant workers protested a reduction in wages and Sociedad Progresista Mexicana (Progressive Mexican Society) , an organization that with dozens of chapters through the United States. Other organizations active in Colton included the Alianza Hispano-Americana (Hispanic-American Alliance), which was founded in the United States in 1894 and had many active chapters through the region.

In this way, c ultural identity was retained and expressed through language, religion, food, social events, festivals and sports. Local churches were of primary importance to the community and included San Salvador Church, Our Lady of the Holy Rosary, Iglesia Bautista, Iglesia Pentecostal, and Iglesia Apostolica. Community members celebrated religious traditions and holidays, and annual festivals such as las Fiestas Patrias in honor of Mexican Independence Day. Parades, concerts and dances were held. Local r esidents also formed bands and athletic teams such as the well-known baseball team, the Colton Mercuries.

In Colton, as in California, World War II represented a positive turning point for Latinos. With the US entry into World War II, thousands of Latinos enlisted and fought in the conflict.

An estimated half million Mexican- Americans served in World War II, earning a total of 17 Congressional Medals of Honor ( California Office of Historic Preservation, 2015). In this way, World War II helped empower this generation to fight for change. Returning veterans asserted their right to equal treatment and access, and the improvements they helped achieve lifted the community in all areas of life.

Figure CR -56. “Bienvenidos a Colton” (Welcome to
Colton), La Cadena Dr. and “O” St ., 1967. Colton
Historical Landmark No. 29. Source: South Colton Oral
History Project
Figure CR-57. South Colton’s Mercuries baseball team,
circa 1950. Source: South Colton Oral History Project

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Figure CR-58. Fiestas patrias (patriotic celebrations), South Colton, circa 1920

Source: California State University, San Bernardino, Special Collections Figure CR-59. The barrios (neighborhoods) of South Colton

Source: California State University, San Bernardino, Special Collections

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Figure CR-60. Dates of Construction, Overview and Index Map

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Figure CR-61. Dates of Construction, Inset Map B-1 (Central Colton)

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Figure CR-62. Dates of Construction, Inset Map B-2 (Southeast Colton)

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Figure CR-63. Dates of Construction, Inset Map B-3 (Southwest Colton)

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Challenges, Issues,
and Priorities
Given its extensive and rich history, Colton is home to countless significant cultural resources.

This richness represents both an opportunity —to build awareness and appreciation of this heritage—and a challenge, to encourage and balance new growth while also managing and preserving significant cultural resources. Other challenges include gradual changes in the character of historic neighborhoods and a need for education on best practices in historic preservation and the stewardship of significant cultural resources. This section describes how community input helped shape this Cultural Resources Element’s five key Goals: Identify, Document, Preserve, Educate, and Celebrate.

For this Cultural Resources Element, community and decision -maker input was vital in identifying challenges, issues, and priorities. These issues in turn helped shape actionable, feasible solutions, through Goals, Policies, and Action Items , which will allow the City to address these concerns and issues.

During community and commission workshops, input gathered from residents, stakeholders, City staff, and decision-makers broadly fell into three categories:

1. Concerns about development pressures and the resulting loss of cultural resources;

2. Issues (in terms of access and awareness) regarding how to provide timely comment on projects to the City;

3. Information-sharing on the many archival resources and community advocacy on Colton’s cultural heritage and history.

In terms of the first item, topics included concerns over new development leading to the loss of significant cultural resources. Community members cited the gradual changes to areas such as the Agua Mansa settlement and South Colton, as the long- time home of Mexican- American settlers. In terms of the second item, concerns were expressed about the public’s level of awareness on how to participate in providing input to the City on projects of interest to the community. Similarly, concerns were expressed about physical access to meetings, as well as the length of time members of the public are given to comment on projects at public hearings. In terms of the third item, members of the public belonging to organizations that are dedicated to collecting, recording, curating, and preserving Colton’s history provided information on their efforts. These groups included the Colton Area Museum, the Nat ive American Community Council for San Bernardino and Riverside Counties, Old Spanish Trail Association, and the South Colton Oral History Project.

Table CR-1 through Table CR-3 below summarize community input on Challenges and Issues facing Colton, along with the relevant G oals and Policies designed to proactively address those issues for Historical, Archaeological, and Tribal Cultural Resources.

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Table CR–1 Challenges and Issues for Historical Resources

CHALLENGES & ISSUES

HISTORICAL RESOURCES
Challenges & Issues Related Goals
 Colton might lose historical resources unless we update our historical resources survey and establish an Inventory of historically significant (but not yet designated) properties
#1: IDENTIFY
 Without a thematic historic context statement, our historical resource evaluations might not be consistent, comparative, and considerate of sociocultural significance
 Colton’s previous historical resources survey evaluated properties built through 1941, so World War II- and Modernist-era properties have not yet been documented
#2: DOCUMENT
 Our ordinance does not have mandatory review for demolition permits for of-age properties, so we could lose historical resources without knowing it

 Without design guidelines, it is hard to know how to update or change your historic property

 Development and growth pressures can cause the loss of cultural resources

 Agua Mansa has been the site of heavy new development, which could impact cultural resources
#3: PRESERVE &

PROTECT
 Colton offers the Mills Act, but without an adopted Mills Act program or educational materials, people might not know about how they might benefit from it

 Members of the public have concerns about designation and historic preservation that are sometimes based on misconceptions

 Members of the public might lack information on how to comment on proposed development projects that could affect historical resources
 City staff and decision makers could benefit from ongoing, specialized training for historical resources management

#4: EDUCATE

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CHALLENGES & ISSUES

HISTORICAL RESOURCES
Challenges & Issues Related Goals
 Raising awareness of Colton’s rich cultural heritage could both be a benefit to the public and encourage preservation
 It could incentivize preservation and build pride in our City to celebrate and honor historic preservation success stories #5: CELEBRATE
Table CR–2 Challenges and Issues for Archaeological Resources

CHALLENGES & ISSUES

ARCHAEOLOGICAL RESOURCES
Challenges & Issues Related Goals
 No comprehensive survey of archaeological resources exists #1: IDENTIFY  No comprehensive database or archaeological sensitivity map exists  Confidentiality for some resources must be maintained #2: DOCUMENT
 Without identification of specific resources or sensitive areas, the City cannot adequately preserve and protect resources
 Clarity regarding mitigation measures and protection options is needed
 Members of the public have expressed concern about development in Agua Mansa, in particular, and the potential to impact archaeological resources
#3: PRESERVE &

PROTECT
 Public needs to have clarity/understanding regarding cultural resources policies and codes
 No specific materials for public education regarding archaeology have been prepared and distributed to the public
#4: EDUCATE

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CHALLENGES & ISSUES

ARCHAEOLOGICAL RESOURCES
Challenges & Issues Related Goals
 No specific agenda for celebrating archaeology has been created #5: CELEBRATE Table CR–3 Challenges and Issues for Tribal Cultural Resources

CHALLENGES & ISSUES

TRIBAL CULTURAL RESOURCES
Challenge & Issues Related Goals
 Tribal Cultural Resources and related consultation are not included or discussed in the current Cultural Resources Element  Identifying specific tribal groups and existing local Native American populations with relationship to Colton will make preservation and treatment of Tribal Cultural Resources meaningful
 Up-to-date contact information for tribal representatives should be maintained for consultation efforts
#1: IDENTIFY
 More consultation with local Native Americans regarding places of interest to them is needed
 Tribal Cultural Resources are not typically mapped or shared with non-Native Americans; City will need to identify an appropriate way to inventory and document Tribal Cultural Resources in consultation with tribal groups while maintaining appropriate confidentiality
#2: DOCUMENT

 Without identification of specific Tribal Cultural Resources or other Native American concerns, City cannot adequately preserve and protect resources
#3: PRESERVE &

PROTECT

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CHALLENGES & ISSUES

TRIBAL CULTURAL RESOURCES
Challenge & Issues Related Goals
 City does not currently have specific materials for public education regarding local Native American culture or Tribal Cultural Resources
#4: EDUCATE

 City does not currently have specific agenda for celebrating local Native American culture or Tribal Cultural Resources
#5: CELEBRATE

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Goals, Policies, &
Action Items
Based on City and community feedback, t his Cultural Resources Element is built on five consistent, achievable Goals: (1) Identify, (2) Document, (3) Preserve and Protect, (4) Educate, and (5) Celebrate . For clarity, each Goal—along with accompanying Policies and Action Items —is presented in matrix form. Separate tables are provided for Historical Resources, Archaeological Resources, and Tribal Cultural Resources.

Each Action Item is accompanied with a timeline—either short-term (1 to 2 years), medium- term (3 to 4 years), long-term (5 to 6 years), or ongoing (for tasks that can start anytime and continue into the future). For purposes of establishing priorities, Action Items related to the direct, time-sensitive identification, documentation, and preservation of cultural resources have a short-term window. Policy development and ordinance updates have a medium-term window. Action Items with a longer timeframe are those involving the development of community partnerships and of new or expanded administrative policies at the City level.

Assigned to each Action Item is one of the following “tracks” for implementation:

1. Planning/Preservation Track
o Initiated by City Planning Staff and historic preservation professional meeting the Secretary of the Interior’s Professional Qualifications Standards in history or architectural history;

2. Planning/Archaeology Track
o Initiated by City Planning Staff and a cultural resources professional meeting the Secretary of the Interior’s Professional Qualifications Standards in archaeology;

3. Planning/Tribal Cultural Resources Track
o Initiated by City Planning Staff, Tribal representative, and/or a cultural resources professional meeting the Secretary of the Interior’s Professional Qualifications Standards in archaeology;

4. Policy Updates
o Initiated by City Planning Staff and implemented through an update to the City’s administrative policies or Historic Preservation Ordinance;

5. Community Partnerships
o Implemented by City Planning Staff through partnerships with the community, universities, libraries, historical societies, tribal representatives, among others.

For many Action Items, City staff, agencies, and decision-makers would be involved in project implementation, including developing requests for proposals, identifying and approving funding, and reviewing and adopting results.

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Historical Resources
GOAL #1: IDENTIFY

HISTORICAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 1.A
Proactively identify
Colton’s significant
historical resources,
including buildings,
structures, sites, historic
districts, and cultural
landscapes

1.1. Prepare a thematic, Citywide Historic Context Statement, which provides a consistent framework for surveys

1.2. Identify data gaps in Historic Resources Survey (e.g., World War II era, postwar Modernism) and address in
Historic Context Statement

1.3. Update 1992 Citywide Historic Resources Survey

1.4. Add to ordinance provisions requiring Historic Resource Evaluations for of-age properties slated for demolition

1.5. Create Inventory of Historical Resources and integrate in planning process

1.6. Identify historical resources by keeping survey up to date

1.7. Assist and inform members of the public on how to
conduct research on historic properties and to prepare
landmark applications
Short-term
(1 to 2 years)
Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)
Short-term
(1 to 2 years)
Medium-term
(3 to 4 years)
Long-term
(5 to 6 years)
Long-term
(5 to 6 years)
Planning/Preservation

Planning/Preservation

Planning/Preservation

Policy Updates

Planning/Preservation

Planning/Preservation

Planning/Preservation
Community Partnerships

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CITY OF COLTON GENERAL PLAN PAGE - 55

GOAL #1: IDENTIFY

HISTORICAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 1.B
Recognize resources
reflecting all of Colton’s
historic eras

1.8. Encourage public awareness of Colton’s post-World War II neighborhoods and architectural growth

1.9. Tap community knowledge to identify and document 19th century and early 20th century historical resources
Ongoing

Ongoing
Planning/Preservation
Community Partnerships
Planning/Preservation
Community Partnerships
POLICY 1.C
Ensure that historical
resources survey and
evaluations consider
potential social-cultural
importance as well as
architectural style

1.10. Commission Citywide Historic Context Statement with themes of significance related to social/cultural history, to provide a consistent framework for evaluations and survey

1.11. Prepare thematic context statements exploring the history of Colton’s long-time ethnic communities

1.12. Engage the public and community stakeholders to build a Register of Landmarks that reflects the diversity of City

1.13. Encourage designation of historical resources reflecting the places and events significant in Colton’s formation Short-term
(1 to 2 years)

Short-term
(1 to 2 years)
Medium-term
(3 to 4 years)
Long-term
(5 to 6 years)
Planning/Preservation

Planning/Preservation

Planning/Preservation
Community Partnerships
Planning/Preservation
Community Partnerships

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GOAL #1: IDENTIFY

HISTORICAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 1.D
Expand understanding of
under-represented
resources on Register of
Landmarks

1.14. Create partnerships with community, museums,
universities, and historical societies to identify threatened or unprotected historical resources associated with City’s ethnic history and heritage

1.15. Partner with the South Colton Oral History Project to collect, transcribe, and index interviews and to proactively identify significant people, places, and events
Ongoing

Ongoing
Planning/Preservation
Community Partnerships

Planning/Preservation
Community Partnerships
POLICY 1.E
Encourage an innovative,
inclusive preservation
program

1.16. Create a legacy business program in ordinance to
recognize and offer designation to important legacy
businesses with 25+ years serving communities

1.17. Create “Planning Districts” in Historic Preservation Ordinance to recognize cohesive areas of the City with a shared development history that do not qualify as historic districts
Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)
Policy Update
Planning/Preservation

Policy Update
Planning/Preservation

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CITY OF COLTON GENERAL PLAN PAGE - 57

GOAL #2: DOCUMENT

HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK
POLICY 2.A
Encourage community
and inter-agency
partnerships to foster
appreciation of Colton’s
history

2.1. Encourage the establishment of a central archive for materials on Colton’s history, including books,
newspaper articles, yearbooks, ephemera, community
photographs, to serve as a research repository

2.2. Encourage the preparation of grant applications with City agencies and community partners for the compilation of
a central archive of research materials on Colton’s history Ongoing

Ongoing
Planning/Preservation
Community Partnerships

Planning/Preservation
Community Partnerships
POLICY 2.B
Create opportunities for
research partnerships
with schools, scholars,
and media

2.3. Create “Spotlight On” series, with short, illustrated articles on landmarks and districts in the City, for
publication on City website and in local media

2.4. Create an annotated bibliography of primary and
secondary sources on Colton’s history
Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)
Planning/Preservation
Community Partnerships

Planning/Preservation
Community Partnerships

POLICY 2.C
Explore ways to honor
and document the history
of Colton’s diverse
communities

2.5. Commission thematic historic context statements focused on traditionally under-represented communities to
document significant people, places, and events

2.6. Address the loss of related resources associated with Colton’s Latino community through research partnerships, with CSU San Bernardino, UC Riverside, South Colton
Oral History Project, and other organizations
Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)

Planning/Preservation

Planning/Preservation
Community Partnerships

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GOAL #2: DOCUMENT

HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK
POLICY 2.D
Ensure that the City’s
Inventory and Register of
Historical Resources are
readily accessible and
transparent to the public

2.7. Create with City ArcGIS staff an interactive map of Inventory and Register-listed properties and historic
districts

2.8. Maintain Register and Inventory up to date and accessible to the public in a variety of formats, including in a
prominent position on the City’s website
Short-term
(1 to 2 years)
Ongoing
Planning/Preservation

Planning/Preservation

GOAL #3: PRESERVE & PROTECT

HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK
POLICY 3.A
Encourage retention of
historical resources

3.1. Offer permit fee waivers for designation and Mills Act applications

3.2. Develop a user-friendly template for completion of Mills Act applications by homeowners
Short-term
(1 to 2 years)
Short-term
(1 to 2 years)
Planning/Preservation

Planning/Preservation

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CITY OF COLTON GENERAL PLAN PAGE - 59

GOAL #3: PRESERVE & PROTECT

HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK

3.3. Amend ordinance to require Historic Resources
Evaluation for of-age properties slated for demolition
under certain circumstances

3.4. Add compliance with design standards and guidelines to Certificate of Appropriateness findings

3.5. Clarify relationship between local code/planning process and CEQA in Historic Preservation Ordinance

3.6. Strengthen, clarify, and enforce “duty to maintain” provisions for historic landmarks in Historic Preservation Ordinance

3.7. Add three-month waiting period for demolition permits involving historical resources and require an exploration of alternatives to demolition, such as relocation

3.8. Clarify in Historic Preservation Ordinance the role and use of State Historic Building Code for qualifying
properties

3.9. Promote adaptive reuse of historic buildings as an alternative to demolition where feasible
Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)
Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)

Ongoing
Policy Update
Planning/Preservation

Policy Update
Planning/Preservation
Policy Update
Planning/Preservation

Policy Update
Planning/Preservation

Policy Update
Planning/Preservation

Policy Update
Planning/Preservation

Planning/Preservation

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GOAL #3: PRESERVE & PROTECT

HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK
POLICY 3.B
Expand and enhance
incentives to encourage
preservation of historical
resources

3.10. Amend Historic Preservation Ordinance and zoning code to include zoning code streamlining (combining
preservation and design review duties, parking space
allowances) for historic landmarks

3.11. Encourage use of preservation easements and State Historic Building Code’s performance-based standards
for qualifying properties

3.12. Raise awareness of available federal and state tax credits for the rehabilitation, preservation, and adaptive reuse of qualifying historic buildings
Medium-term
(3 to 4 years)

Ongoing

Ongoing

Policy Update
Planning/Preservation

Planning/Preservation

Planning/Preservation
Community Partnerships
POLICY 3.C
Provide guidance on how
to upgrade and change
historic properties in a
way that retains their
significance and
important features

3.13. Develop user-friendly, illustrated design guidelines, with recommendations for how to plan changes to historic
properties based on Colton’s common architectural
styles, as well as building features, materials, and project types, for use by the public, architects, contractors,
commissions, City staff, and decision-makers

3.14. Integrate objective design standards in residential entitlements process for use by City staff and reviewers Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)
Planning/Preservation

Planning/Preservation

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CITY OF COLTON GENERAL PLAN PAGE - 61

GOAL #3: PRESERVE & PROTECT

HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK
POLICY 3.D
Promote designation of
historic districts and
landmarks

3.15. Create and distribute materials at Planning Counter to explain designation process, eligibility, and benefits

3.16. Establish training modules in historic preservation and City’s policies and Historic Preservation Ordinance for planning staff and commissioners

3.17. Develop and distribute materials explaining the
designation process and benefits (i.e., incentives such as the Mills Act Historic Property Contract Program)
(See also Action Items 3.2 and 3.2)
Short-term
(1 to 2 years)
Medium-term
(3 to 4 years)

Ongoing

Planning/Preservation

Planning/Preservation

Planning/Preservation

POLICY 3.E
As a City, set a standard
for stewardship by
retaining and protecting
City-owned historical
resources

3.18. Ensure that changes to City-owned historical resources comply with City regulations, design guidelines, and
Secretary’s Standards

3.19. Commission a survey of City-owned properties to identify historical resources (See also Action Item 1.3)

3.20. Seek input and guidance from qualified Historic
Preservation professional on alterations or changes in use to City-owned historical resources

3.21. For major alterations involving City-owned historical resources, seek input from qualified Historic Preservation professional early in the process
Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)
Ongoing

Ongoing

Planning/Preservation

Planning/Preservation

Planning/Preservation

Planning/Preservation

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GOAL #3: PRESERVE & PROTECT

HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK
POLICY 3.F
Protect neighborhood
character

3.22. Create district-specific design guidelines to manage change and promote retention of character-defining
features

3.23. Using Historic Resources Survey update as foundation, establish Inventory of Historical Resources in Historic Preservation Ordinance and integrate in planning and
commission review process

3.24. Utilize Register and Inventory when considering in-fill projects within eligible and designated historic districts Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)

Ongoing
Planning/Preservation

Policy Update
Planning/Preservation

Planning/Preservation
POLICY 3.G
Encourage use of City’s
code enforcement
process to ensure
compliance with
municipal codes,
including Historic
Preservation Ordinance

3.25. Design training modules for staff and Planning
Commission on Historic Preservation Ordinance, triggers for evaluation and project review, and CEQA’s provisions for historical resources

3.26. Encourage broad understanding by City staff and
decisionmakers of historic preservation laws, best
practices, Secretary’s Standards, and State Historic
Building Code
Short-term
(1 to 2 years)

Ongoing
Planning/Preservation

Planning/Preservation

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CITY OF COLTON GENERAL PLAN PAGE - 63

GOAL #3: PRESERVE & PROTECT

HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK
POLICY 3.H
Explore funding options
to support and expand
City’s preservation goals

3.27. Work with City staff and Planning Commission to plan priorities for next five-years of grant applications to State Office of Historic Preservation, Certified Local
Government Program

3.28. Explore local funding opportunities for historic contexts, designation, and adaptive reuse opportunities
Short-term
(1 to 2 years)

Ongoing
Planning/Preservation

Planning/Preservation
POLICY 3.I
Leverage Colton’s status
as a Certified Local
Government to
strengthen Colton’s
historic preservation
program and policies

3.29. Seek advice and recommendations from the State Office of Historic Preservation on the City’s historic preservation program and policies

3.30. Plan for and apply for State Office of Historic Preservation grants for Colton’s preservation planning priorities, such as preparation of Historic Context Statements, thematic and citywide, surveys, designation of threatened
properties, and design guidelines
Ongoing

Ongoing
Planning/Preservation

Planning/Preservation

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GOAL #4: EDUCATE
PUBLIC RE: HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK
POLICY 4.A
Build public
understanding and
support of Colton’s
historic preservation
program, policies, and
zoning code

4.1. Create brief, topic-specific “brown bag” training modules on historic preservation best practices and Secretary’s Standards for City staff and Planning Commission

4.2. Create and distribute FAQ at planning counter, City Website, and social media channels to describe Colton’s preservation policies and to address misconceptions
about historic preservation and designation, to inform
and educate the public and to build awareness

4.2. Plan and hold public workshops, online and in-person, on the City’s historic preservation program and best
practices in changing historic properties

4.3. Create task force with City staff, Planning Commission, and community stakeholders to strategize on initiatives for raising public awareness of historic preservation and
CEQA environmental review process
Short-term
(1 to 2 years)

Short-term
(1 to 2 years)

Ongoing

Ongoing
Planning/Preservation

Planning/Preservation

Planning/Preservation
Community Partnerships

Planning/Preservation
Community Partnerships

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CITY OF COLTON GENERAL PLAN PAGE - 65

GOAL #4: EDUCATE
PUBLIC RE: HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK
POLICY 4.B
Build public awareness of
and appreciation for
Colton’s rich history and
heritage, sociocultural as
well as architectural

4.4. Raise awareness of historic preservation through annual participation in “Historic Preservation Month,” through posts on City Website and social media channels

4.5. Commission Historic Context Statements to illuminate the contributions of Colton’s diverse ethnic communities and to provide a framework for evaluations

4.6. Create “Spotlight On” history series, with short, illustrated articles on historic landmarks and districts, for publication on City Website, local paper, and social media channels

4.7. Establish “Neighborhood Ambassador” program within designated historic districts, to encourage tours and
sharing information on the history of Colton’s districts Short-term
(1 to 2 years)

Short-term
(1 to 2 years)

Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)
Planning/Preservation

Planning/Preservation

Planning/Preservation
Community Partnerships

Planning/Preservation
Community Partnerships

POLICY 4.C
Leverage Colton’s status
as a Certified Local
Government to
strengthen and expand
awareness of historic
preservation program

4.8. Coordinate with State Office of Historic Preservation on effective public awareness campaigns and strategies to
raise awareness of historic preservation

4.9. Upon preparation of the annual Certified Local
Government report to the State Office of Historic
Preservation, share with the public some of the
accomplishments for the year to raise awareness of the
City’s status as a Certified Local Government
Ongoing

Ongoing
Planning/Preservation

Planning/Preservation

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GOAL #5: CELEBRATE

HISTORICAL RESOURCES

POLICY ACTION ITEM TIMELINE TRACK
POLICY 5.D
Raise awareness of
Colton’s rich history and
heritage, both social as
well as architectural

5.1. Partner with local groups to design tours and exhibits of Colton’s designated landmarks and historic districts

5.2. Develop City Website and social media channel content to celebrate “Preservation Month” each May

5.3. Highlight and publicize new designations of landmarks and historic districts, to raise awareness of Colton’s
history and benefits of designation

5.4. Establish partnerships with local historical societies, library, and other stakeholders to develop tours of local historic sites of interest
Short-term
(1 to 2 years)
Short-term
(1 to 2 years)
Ongoing

Ongoing

Planning/Preservation
Community Partnerships
Planning/Preservation

Planning/Preservation
Community Partnerships

Planning/Preservation
Community Partnerships
POLICY 5.E
Take the time to honor
preservation success
stories in Colton

5.5. Develop program with local partners for presenting annual awards and other public commendations for
outstanding historic preservation projects or community members forwarding the goals of historic preservation

5.6. Establish partnerships with local historical societies, library, and other stakeholders to develop tours of local historic sites of interest
Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)
Planning/Preservation
Community Partnerships

Planning/Preservation
Community Partnerships

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CITY OF COLTON GENERAL PLAN PAGE - 67

Archaeological Resources
GOAL #1: IDENTIFY

ARCHAEOLOGICAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 1.A
Identify Colton’s
significant archaeological
sites, districts and
landscapes

1.1. Commission an inventory of cultural resources within the City of Colton

1.2. Commission the preparation of archaeological sensitivity maps (prehistoric and historic) indicating the likelihood for the discovery of archaeological resources

1.3. Survey City-owned, undeveloped public space and/or sensitive locations identified in the literature for the presence/absence of archaeological resources

1.4. Strengthen Historic Preservation Ordinance to include clear, enforceable provisions for the identification of significant archaeological resources
Short-term
(1 to 2 years)
Short-term
(1 to 2 years)

Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)
Planning/Archaeology

Planning/Archaeology

Planning/Archaeology

Policy Update
Planning/Archaeology

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GOAL #1: IDENTIFY

ARCHAEOLOGICAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 1.B
Periodically update
inventory of
archaeological resources

1.5. Establish administrative procedures for incorporating newly identified archaeological resources and updating
archaeological sensitivity maps as the result of
development activities into the City’s inventory
Medium-term
(3 to 4 years)
Policy Update
Planning/Archaeology

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GOAL #2: DOCUMENT

ARCHAEOLOGICAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 2.A
Ensure best-practice-
based documentation of
significant archaeological
resources in Colton

2.1. Amend Historic Preservation Ordinance to establish consistent standards and triggers for archaeological
resource documentation

2.2. Take steps to ensure confidentiality of sensitive cultural resource information through restricted access, where
appropriate

2.3. Create a database to store the results of cultural resources identification efforts and archaeological
sensitivity maps
Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)

Ongoing
Policy Update
Planning/Archaeology

Planning/Archaeology

Planning/Archaeology
POLICY 2.B
Create opportunities for
research partnerships
with schools, scholars,
and community
organizations

2.4. Maintain a list of local/regional repositories where scholars and the general public can access information
about Colton’s archaeological resources

2.5. Engage local/regional high schools, community colleges, universities, libraries, museums and other community
organizations in research projects and information
sharing where appropriate
Short-term
(1 to 2 years)

Ongoing
Planning/Archaeology

Planning/Archaeology
Community Partnerships

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GOAL #3: PRESERVE & PROTECT

ARCHAEOLOGICAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 3.A
Develop policy for the
proactive protection of
Colton’s archeological
resources

3.1. Develop administrative procedures to help guide the identification and protection of cultural and
archaeological resources as part of the entitlements
process and to facilitate compliance with applicable
zoning codes and other regulations. This may be
facilitated by preparation of a Cultural Resources
Management Plan or other supporting documentation.

3.2. Include clear, enforceable provisions in the Historic Preservation Ordinance for avoiding, minimizing and
mitigating impacts to significant archaeological resources for certain development and construction activities

3.3. Develop standard mitigation measures for projects in archaeologically sensitive areas as part of the
administrative procedures and/or Historic Preservation
Ordinance.

Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)

Policy Updates
Planning/Archaeology

Policy Updates
Planning/Archaeology

Policy Updates
Planning/Archaeology

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GOAL #3: PRESERVE & PROTECT

ARCHAEOLOGICAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 3.B
Ensure the conservation
of significant
archaeological sites,
districts, and landscapes

3.4. Require that a qualified archaeologist is retained in the earliest stages of project planning to review development plans involving identified archaeological resources
and/or within areas identified as having high sensitivity for archaeological resources

3.5. Encourage and facilitate the creation of easements or deed restrictions for owners of properties containing
archaeological resources

3.6. Establish training modules in the City’s cultural resources management practices and policies for planning staff and commissioners
Short-term
(1 to 2 years)

Ongoing

Medium-term
(3 to 4 years)
Policy Updates
Planning/Archaeology

Policy Updates
Planning/Archaeology

Planning/Archaeology

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GOAL #4: EDUCATE

ARCHAEOLOGICAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 4.A
Build public
understanding and
support for Colton’s
cultural resource policies
and zoning code
requirements

4.1. Provide clear direction and information regarding how cultural resources fit into the planning and environmental review process via the City Website and through written materials and public workshops

4.2. Provide clear direction and information regarding what to do upon the discovery of archaeological resources as
well as the treatment, preservation, and repatriation of such resources via the City Website and through written materials and public workshops
Short-term
(1 to 2 years)

Short-term
(1 to 2 years)
Planning/Archaeology

Planning/Archaeology
POLICY 4.B
Raise public awareness of
Colton’s cultural heritage

4.3. Encourage the curation, exhibition, and interpretation of cultural resources recovered in the City for public
education and awareness. Consult with tribal
communities regarding the disposition of archaeological resources with tribal affiliation.

4.4. Partner with local schools, colleges, historical societies, libraries, Tribal communities, and other stakeholders to develop educational materials about Colton’s cultural
heritage and archaeological resources
Ongoing

Ongoing
Planning/Archaeology
Community Partnerships

Planning/Archaeology
Community Partnerships

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CITY OF COLTON GENERAL PLAN PAGE - 73

GOAL #5: CELEBRATE

ARCHAEOLOGICAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 5.A
Build public appreciation
for Colton’s cultural
heritage

5.1. Develop a plan for celebrating Archaeology Month each October, with content published on the City Website and social media channels

5.2. Celebrate Colton’s cultural heritage through design features and interpretive elements of public projects and facilities, including community parks, facilities, and public spaces
Short-term
(1 to 2 years)

Ongoing

Planning/Archaeology

Planning/Archaeology

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Tribal Cultural Resources
GOAL #1: IDENTIFY

TRIBAL CULTURAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 1.A
Engage in meaningful
consultation with local
Native American groups

1.1. Supplement and strengthen AB52 and SB18 consultation by proactively maintaining up-to-date contact information for tribal representatives for consultation, including for non-federally recognized tribal entities and individuals

1.2. Amend the Historic Preservation Ordinance to include procedures for tribal consultation for certain development and construction activities
Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)

Planning/Tribal Cultural

Planning/Tribal Cultural
POLICY 1.B
Identify and conserve
Colton’s Tribal Cultural
Resources

1.3. Conduct meaningful consultation with tribes to identify structures, sites, landscapes, artifacts, and documents within Colton and its public institutions associated with the local Native American people

1.4. Amend Historic Preservation Ordinance to include Tribal Cultural Resources and associated provisions for
identification
Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)
Planning/Tribal Cultural

Planning/Tribal Cultural

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GOAL #2: DOCUMENT

TRIBAL CULTURAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 2.A
Document significant
Tribal Cultural Resources
in a culturally sensitive
manner

2.1. In consultation with tribes, prepare a confidential (for internal use only) and culturally sensitive GIS database of culturally sensitive areas for use in planning and
consultation

2.2. Establish policies and protocols for maintaining
confidentiality of Tribal Cultural Resources

2.3. Amend Historic Preservation Ordinance to include Tribal Cultural Resources and associated provisions for
documentation

2.4. Use oral history to capture the experiences of the local Native American community
Short-term
(1 to 2 years)

Short-term
(1 to 2 years)
Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)
Planning/Tribal Cultural

Planning/Tribal Cultural

Planning/Tribal Cultural
Policy Update

Planning/Tribal Cultural
Community Partnerships
POLICY 2.B
Maintain an archive of
local Native American
connections to the City
and its environs

2.5. Create a bibliography of primary and secondary books, reports and other archives concerning the local Native
American community

2.6. Encourage the establishment of an archive in association with local historical societies, library, and community groups to preserve photographic, written, oral and
iconographic material related to the local Native
American people
Ongoing

Ongoing
Planning/Tribal Cultural
Community Partnerships

Planning/Tribal Cultural
Community Partnerships

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CITY OF COLTON GENERAL PLAN PAGE - 77

GOAL #3: PRESERVE & PROTECT

TRIBAL CULTURAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 3.A
Develop public policy for
the proactive protection
of Colton’s Tribal
Cultural Resources

3.1. Amend the Historic Preservation Ordinance to include Tribal Cultural Resources and associated provisions for preservation and protection

3.2. Develop administrative procedures to help guide the identification and protection of tribal cultural resources as part of the entitlements process and to facilitate
compliance with applicable zoning codes and other
regulations. This may be facilitated by preparation of a Tribal Cultural Resources Management Plan or other
supporting documentation.

Medium-term
(3 to 4 years)

Medium-term
(3 to 4 years)
Planning/Tribal Cultural
Policy Update

Planning/Tribal Cultural
Policy Update

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GOAL #3: PRESERVE & PROTECT

TRIBAL CULTURAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 3.B
Ensure the conservation
of significant
archaeological sites,
districts, landscapes,
sacred places, gathering
sites and other places
significant to local Native
American tribes

3.3. Engage local Native American tribes interested in
consultation early in the project planning process to
review development plans within areas identified as
having high sensitivity for Tribal Cultural Resources

3.4. Encourage and facilitate the creation of easements or deed restrictions for owners of properties containing
Tribal Cultural Resources

3.5. Train City staff and decision-makers in City’s Tribal Cultural Resources management program and policies
Ongoing

Medium-term
(3 to 4 years)

Ongoing
Planning/Tribal Cultural

Planning/Tribal Cultural

Planning/Tribal Cultural
POLICY 3.C
Coordinate with local
Native American tribes to
provide stewardship,
access and protection to
Tribal Cultural Resources

3.6. Engage Native American tribes in establishing
stewardship and resource protection activities in locations with identified Tribal Cultural Resources

3.7. Establish procedures to provide access to specific identified Tribal Cultural Resources within the City for local Native American groups
Short-term
(1 to 2 years)

Ongoing

Planning/Tribal Cultural

Planning/Tribal Cultural

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GOAL #4: EDUCATE

TRIBAL CULTURAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 4.A
Build public
understanding of and
support for Colton’s
Tribal Cultural Resource
policies and code
requirements

4.1. Develop and share with the public clear direction and information on how Tribal Cultural Resources fit into the planning and environmental review process on the City
Website and through written materials and public
workshops

4.2. Develop and share with the public clear direction and information on timelines and requirements for
consultation with local Native American tribes

4.3. Create and share with the public documentation and management protocols for discovery of Tribal Cultural
Resources and the treatment, preservation, and
repatriation of such resources
Short-term
(1 to 2 years)

Short-term
(1 to 2 years)

Medium-term
(3 to 4 years)
Planning/Tribal Cultural

Planning/Tribal Cultural

Planning/Tribal Cultural
POLICY 4.B
Raise public awareness of
and appreciation for
Colton’s Native American
heritage

4.4. Encourage the interpretation of Tribal Cultural Resources in City venues for public education and awareness

4.5. Encourage and promote tribal activities, events, and educational experiences within the City

4.6. Work with tribal representatives to incorporate Native American language in interpretive materials
Ongoing

Ongoing

Ongoing
Planning/Tribal Cultural

Planning/Tribal Cultural
Community Partnerships
Planning/Tribal Cultural
Community Partnerships

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GOAL #5: CELEBRATE

TRIBAL CULTURAL RESOURCES

POLICY ACTION ITEMS TIMELINE TRACK
POLICY 5.A
Acknowledge the
contributions of Native
Americans to the
community, past and
present

5.1. Publish stories about local Native American history and current Native American affairs within the City on the City Website and social media channels

5.2. Become willing and active partners in preserving and sharing tribal culture in the City through ongoing
consultation and communication with Native American
groups
Short-term
(1 to 2 years)

Ongoing
Planning/Tribal Cultural

Planning/Tribal Cultural
Community Partnerships
POLICY 5.B
Celebrate Colton’s
connection to the culture
of local Native American
people

5.3. Develop a plan for celebrating Native American Heritage Month each November, with content published on the
City Website and social media channels

5.4. Celebrate Colton’s Native American heritage through design features and interpretive elements of public
projects and facilities, including community parks,
facilities, and public spaces
Short-term
(1 to 2 years)

Ongoing
Planning/Tribal Cultural

Planning/Tribal Cultural
Community Partnerships

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Bibliography
Bean, Lowell J., and Charles R. Smith
1978 Gabrielino. In California, edited by Robert F. Heizer, pp. 538–549. Handbook of North American Indians, Vol. 8, William C. Sturtevant, general editor, Smithsonian Institution, Washington, D.C.

Brown, John Jr., and James Boyd
1922 History of San Bernardino and Riverside Counties. Lewis Publishing Company, Chicago.

California Office of Historic Preservation
2015 Latinos in Twentieth Century California: National Register of Historic Places Context Statement. (Sacramento, CA: California State Parks).

City of Colton
2000 Cultural Resources Preservation Element. Approved September 5, 2000.

City of Riverside
2015 “Camp Anza.” Available at
https://www.riversideca.gov/library/history_coll_campanza.asp. Accessed November 2022.

Cleland, Robert G.
2005 The Cattle on a Thousand Hills: Southern California, 1850-1880. Second edition, sixth printing. Huntington Library, San Marino, California.

Clucas, Don L.
1974 Light over the Mountain: A History of the Cucamonga Area. Kengraphics Printing and Lithography Co., Ontario, California.

Dakin, Susanna Bryant
1978 A Scotch Paisano in Old Los Angeles: Hugo Reid’s Life in California, 1832-1852 Derived from His Correspondence. University of California Press, Berkeley, Los Angeles.

Glassow, Michael, Lynn Gamble, Jennifer Perry, and Glenn Russell 2007 "Prehistory of the Northern California Bight and Adjacent Transverse Ranges." In California Prehistory: Colonization, Culture, and Complexity, by Terry Jones and Kathryn Kalr, 191- 201. New York: Rowman & Littlefield Publishers.

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PAGE - 82 CITY OF COLTON GENERAL PLAN

González, Gilbert G.
1991 “Labor and Community: The Camps of Mexican Citrus Pickers in Southern California.” The Western Historical Quarterly, vol. 22, no. 3 (August 1991):
pp. 289-312.

Hampson, R. Paul, Jerrel Sorensen, and Susan K. Goldberg, et al. 1988 Cultural Resources Survey, Upper Santa Ana River, California. Report prepared for U.S. Army Corps of Engineers, Los Angeles District. On file at San Bernardino Archaeological Information Center, San Bernardino.

Harley, R. Bruce
1991 Abiquiu, New Mexico: Ancestral Home of the Agua Mansa Pioneers.

San Bernardino County Museum Association Quarterly 39(1):5–40. 1996 Site Histories. San Bernardino County Museum Association Quarterly 43(3):11–

36. Heizer, Robert F.
1968 Village Names in Twelve California Mission Records. Reports of the University of California Archaeological Survey No. 74. University of California Archaeological Survey.

Hofer, James D.
1983 A History of the Cucamonga Pioneer Vineyard Association. Master’s thesis, Claremont Graduate University, Claremont, California.

Howell-Ardila, Debi
2018 “City of Riverside Latino Historic Context Statement.” Prepared for the City of Riverside Community Development Department. Prepared by Rincon Consultants, Los Angeles, CA.

Johnston, Bernice E.
1962 California’s Gabrielino Indians. Frederick Webb Hodge Anniversary Publication Fund 8, Southwest Museum, Los Angeles: pp. 52–54.

King, Chester D.
1994 Native American Placenames in the Santa Monica Mountains National Recreation Area, Agoura Hills. Topanga Anthropological Consultants, California.

Kroeber, Alfred J.
1908 A Mission Record of the California Indians. University of California Publications in American Archaeology and Ethnology 8(1):1–27.

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CITY OF COLTON GENERAL PLAN PAGE - 83

Langum, David J.
1987 Law and Community on the Mexican California Frontier: Anglo-American Expatriates and the Clash of Legal Traditions, 1821–1846. University of Oklahoma Press, Norman.

Loehr, Helen
1993 Reminiscences of David Santiago Garcia. San Bernardino County Museum Association Quarterly 40(4):11–16.

Maltsberger, Elma.
1974 The Story of Colton, California: The Hub City, Incorporated 1887. (Colton, CA:

Humidial Company). Courtesy of Frank Acosta and the Colton Area Museum.

McCawley, William
1996 The First Angelinos: The Gabrielino Indians of Los Angeles. Malki Museum/Ballena Press Cooperative Publication, Banning or Novato, California, pp. 155–165.

Merriam, Clinton Hart.
1955 Studies of California Indians. University of California Press, Berkeley.

National Park Service.
2004 “South Colton” in Five Views: An Ethnic Historic Site Survey for California.

Available at https://www.nps.gov/parkhistory/online_books/5views/ 5views5h84.htm. Accessed November 2022.

Olson, Hazel E.
1989 “As the Sand Shifts” in Colton, California. (Rialto, CA: The Taylors’ Print Shop).

Courtesy of Frank Acosta and the Colton Area Museum.

Scott, M. B.
1977 Development of Water Facilities in the Santa Ana River Basin, California, 1810- 1968. United States Geological Survey, Menlo Park, California.

Sheffield, Larry.
2004 “Images of America: Colton.” (Charleston, SC; Chicago, IL; Portsmouth, NH; San Francisco, CA: Arcadia Publishing).

Shinn, G. Hazen
1941 Shoshonean Days: Recollections of a residence among the Indians of Southern California 1885-1889. The Aurthur H. Clark Company, Glendale, California, pp.

78. Sidler, W. A.
1991 Great Flood of January 22, 1862. San Bernardino County Museum Association Quarterly 39(1):49–52.

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PAGE - 84 CITY OF COLTON GENERAL PLAN

Stanton, Patrick B., John G. Douglass, and Seetha N. Reddy (editors) 2016 People in a Changing Land: The Archaeology and History of the Ballona in Los Angeles, California, Volume 4: Bioarchaeology and Paleodemography.

Technical Series 94. Statistical Research, Inc., Redlands, Arizona.

Strong, William Duncan
1929 Aboriginal Society in Southern California. University of California Publications in American Archaeology and Ethnology 26(1):1-358. Berkeley.

South Colton Oral History Project
2017 PowerPoint presentation, “South Colton Oral History Project: What We Documented.” On file with SWCA Environmental Consultants, Pasadena, CA.

United States Air Force
n.d. “The March Field Story.” Available at https://www.march.afrc.af.mil/About- Us/Fact-Sheets/Display/Article/167413/the-march-field-story/. Accessed November 2022.

Waitman, Leonard B.
1991 The Watch Dogs of San Bernardino Valley: The Fighting Trujillos.

San Bernardino County Museum Association Quarterly 39(1):41–46.

Wallace, W.J.
1955 "A Suggested Chronology for Southern California Coastal Archaeology." Southwestern Journal of Anthropology, 11 (3): 214-230.

Yenne, Bill
1985 The History of the Southern Pacific. Bison Books, University of Nebraska Press, Lincoln.

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CITY OF COLTON GENERAL PLAN APPENDIX A

Appendix A:

Summary of Community Input, Cultural
Resources Element Update Community
Workshop, December 7, 2022

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MEMORANDUM
To: Mario Suarez, AICP, Planning Manager
Mark Tomich, AICP, Development Services Director
City of Colton, Development Services Department, Planning Division From: Debi Howell-Ardila, MHP, Senior Team Lead, Architectural History Susan Zamudio-Gurrola, MHP, Architectural Historian
Stephanie Cimino, MS, Director, Cultural Resources
Date: February 1, 2023
Re: Summary of Community Input, Cultural Resources Element Update Community Workshop, December 7, 2022
This memo summarizes the Community Workshop for City of Colton Cultural Resources Element Update, which took place in Colton on December 7, 2022. Following a description of the meeting format, this memo provides a summary of community input, ideas, and questions posed during the workshop.

Following this memo as an appendix are all the tables presented to the public at the Community Workshop. The tables list the preliminary goals and policies for historical resources, archaeological resources, and Tribal Cultural resources for the Cultural Resources Element. Participants ranked the relative importance of each policy by affixing stickers to print-outs and by writing in comments and suggestions. Three stickers indicated a high priority, two a medium priority, and 1 a low priority.

OVERVIEW OF MEETING, FORMAT AND AGENDA
Held at Colton’s Hutton Center, the meeting was led by Mario Suarez, AICP, Planning Manager. The SWCA consultant team was represented by Debi Howell-Ardila, MHP, Senior Team Lead, Architectural History; Susan Zamudio-Gurrola, MHP, Architectural Historian; and Stephanie Cimino, MS, Director, Cultural Resources.

A total of 11 guests attended the Community Workshop:

1. Robert Perez, Resident (South Colton Area)

2. Pam Lemos (La Lomas Area)

3. Josh Candelaria, Union Pacific Railroad

4. Dr. G, Council District 3

5. Frank Acosta, Colton Area Museum and South Colton Oral History Project

6. Richard Prieto, Planning Commission Chair

7. Jolene Saldivar

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2 8. Gem Montes (Reche Canyon Area)

9. Henry Vasquez (Former Colton Area Museum Board Member, Native American Community Council San Bernardino and Riverside Counties)

10. Amy Vasquez

11. Christina Perris (Colton Area Museum)

12. Jimmy Villegas (Colton Area Museum)

13. Darby Osnaya (South Colton Area)
Mr. Suarez provided an introduction and overview of the evening. He briefly discussed the purpose of the meeting and the City’s Cultural Resources Element update, resources and materials on hand for the public to peruse (including the current Cultural Resources Element, Sanborn Fire Insurance Company maps, and materials on the history of Colton.

Mr. Suarez also noted individuals in the audience from a variety of professions and stakeholder interest areas (including the City Council and Planning Commission, Colton Area Museum and Museum Board, South Colton and the South Colton Oral History Project, Union Pacific Railroad, Native American Community Council San Bernardino and Riverside Counties, Reche Canyon Area, and La Lomas Area).

Following the introduction by Mr. Suarez, Ms. Cimino provided additional information on the format for the presentation/meeting, and the variety of ways for members of the public to provide comment. Ms.

Howell-Ardila kicked off the PowerPoint presentation, with overviews on the role of Cultural Resource Elements in General Plans, the specific goals of the Colton Cultural Resources Element Update, and the main components of the Cultural Resources Element.

An overview of the five identified Goals for the Colton Cultural Resources Element—Identify, Document, Preserve & Protect, Educate, and Celebrate—along with associated Policies, were presented by SWCA. Ms. Howell-Ardila covered Goals and Policies related to historical resources, and Ms. Cimino discussed archaeological and Tribal Cultural resources.

After the PowerPoint presentation, Mr. Suarez and SWCA opened up the floor for questions and comments. Following the question-and-answer session, participants viewed easels with the draft Goals and Policies listed, in order to assign priorities to each and to note suggestions, comments, and additional areas to consider or add. Participants used stickers to rank policies, with three stickers indicating a high priority, two indicating a medium priority, and one indicating a low priority. The tables provided in Appendix A list all written feedback and provide a tally for the ranking of priorities.

COMMUNITY FEEDBACK AND QUESTIONS
During the open question and answer session, feedback from the public broadly fell into three categories:

1. Concerns about development pressures and the resulting loss of cultural resources;

2. Issues (in terms of access and awareness) regarding how to provide timely comment on projects to the City;

3. Information-sharing on the many archival resources and community advocacy on Colton’s cultural heritage and history.

In terms of the first category (development pressures and the loss of cultural resources), public comments included the following:

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3 • Several members of the public expressed concern that Colton has a significant amount of new development and construction, and this new construction can result in the loss of cultural resources;
• Concern was also expressed about the loss of significant cultural resources in Colton due to development or changes over time (including the pioneering Agua Mansa settlement and corridor, the barrios of South Colton as the long-time, cohesive home to the City’s Mexican-American community, and Tribal Cultural resources, among others); • In terms of specific comments, one speaker shared an observation that the area of the Agua Mansa settlement and corridor is “drowning in development.” She stated that environmental reports often conclude no significant impacts; Mr. Suarez addressed the concern and described the mitigation measures and construction monitors utilized for many projects to avoid impacts to cultural resources;
• One speaker asked if the City has the power to halt a project that is already underway (assuming if there are cultural resource concerns, such as an unanticipated discovery of resources; Mr.

Suarez responded yes, this is possible and within the City’s power to temporarily halt projects in the event of an unanticipated find;
• A speaker expressed concern about new Conditional Use Permits being approved and revisions to the General Plan; she also expressed a concern that the current Native American notification and consultation process is deficient (e.g., no replies; inaccurate contact information); Mr. Suarez shared with the speaker that the city is on the same page in this regard and these items are being updated; Ms. Howell-Ardila suggested holding training sessions to educate members of the public in how to monitor and comment on projects.

In terms of the second category (issues regarding how to provide timely comment on projects), public comments included the following:
• Some expressed concern about what they perceived as an overall lack of public awareness on how, where, and when to get involved in providing input on projects that are of interest to the community or might affect cultural resources;
• Similarly, concerns were expressed about access to meetings (since some members of the community have mobility issues and can’t attend in person) as well as the length of time members of the public are given to comment on projects at public hearings; it was suggested that public meetings be offered or livestreamed on YouTube;
• One member of the public expressed concern that speakers’ time at public hearings is limited to one minute, but she felt that developers and project applicants have more time to rebut comments; she acknowledged that Mr. Suarez is an accessible and responsive Planning Manager, but that the average lay person doesn’t know what to ask or how to comment on projects; Mr. Suarez offered to hold a training for members of the public related to the City’s entitlements process, CEQA, and proposed projects.

In terms of the third category, archival resources and community advocacy for cultural resources, the following points were brought forward:
• Mr. Robert Perez, a long-time resident of South Colton (born in 1937 in the “La Reserva” barrio) spoke about the history of South Colton and the original barrios, how much the neighborhoods

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4 have changed over time, and what they still retain that reflects Mexican-American heritage and history in Colton; in terms of South Colton, 7th St. (La Calle 7) was an important and active neighborhood in South Colton, but it has changed significantly; La Paloma and Calle Cinco barrios may have more integrity because they are residential areas that have not changed as much as commercial corridors;
• Mr. Frank Acosta, Colton Area Museum Board Member and co-founder of the South Colton Oral History Project, spoke about the range of oral histories collected, transcribed, and digitized through the project and their availability at the museum and CSU San Bernardino for researchers and community members;
• Mr. Henry Vasquez, chair of the Native American Community Council for San Bernardino and Riverside Counties (and a member of the Old Spanish Trail Association) offered comment on the Agua Mansa corridor; the Old Spanish Trail Association has been trying to keep the Agua Mansa corridor from being covered up, but Mr. Vasquez observed that it has been largely lost. The Old Spanish Trail Association is also interested in preserving the Agua Mansa cemetery, as well as the Estancia in Redlands.
• Representatives from the Colton Area Museum spoke about the latest initiatives at the Museum and the collections available to researchers and community members; • A speaker (museum representative) invited the audience to give input on the museum’s rehabilitation; stated their exhibits were being updated; will reopen in 2023. Mentioned discoveries in archives.
• Mr. Suarez also shared information on the local history collection of the Colton Public Library; • A speaker asked about the recent City of Riverside Latino Historic Context Statement, authored by Ms. Howell-Ardila in 2018; the study draw on extensive oral histories of long-time residents of Casa Blanca in Riverside, which is a cohesive, significant Mexican-American neighborhood; Ms. Howell-Ardila responded that the City of Riverside Latino Historic Context Statement provides a helpful template for cities like Colton in recuperating and documenting the stories of the community, both for posterity and to serve as a framework for identifying significant cultural resources;
• The speaker also asked about long-time Casa Blanca resident Ms. Simona Valero; Ms. Howell- Ardila responded that she had interviewed Ms. Valero for the project and that the pioneering generation of community leaders like Ms. Valero (who sadly passed away in late December 2022) have a wealth of information to offer researchers interested in the history of the Mexican- American community throughout San Bernardino and Riverside Counties and surrounding areas; • Mr. Josh Candelaria, a Union Pacific Railroad representative, spoke briefly and shared that the railroad has a partnership with the City and is interested in following the progress of the Cultural Resources Element update and providing comment and input along the way.

Additional questions regarded the function of the Cultural Resources Element, whether it is a required element of the General Plan (it is not), whether it has regulatory teeth (Mr. Suarez answered yes), and why it is being updated at this time (Ms. Howell-Ardila mentioned that the element is out of date and needed to be updated to better reflect current best practices and to address Tribal Cultural Resources). Dr.

G., former City Council member, asked if the updated Cultural Resources Element would help the City

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5 obtain preservation and cultural resource-related grants and funding, and Mr. Suarez answered in the affirmative.

It was also shared with members of the public that the City of Colton has a special status with the State Office of Historic Preservation as a “Certified Local Government,” which is an honor currently held by approximately 70 cities in the State of California. In order to obtain this status, cities must meet minimum requirements in terms of their historic preservation zoning code, their program for the protection of cultural resources, and their demonstrated compliance with local and state laws pertaining the cultural resources, among other requirements. The question came up of what a Certified Local Government is, and whether that might help the City secure funding for preservation-related activities and studies; Mr. Suarez and Ms. Howell-Ardila answered yes, and explained the process for applying for those grant opportunities.

Ms. Howell-Ardila also mentioned that one of the Action Items in the updated Cultural Resources Element will be developing a five-year strategic plan for Certified Local Government grants, to make sure those grant applications are competitive and focused on a holistic plan and program for historic preservation in Colton.

CONCLUSION AND NEXT STEPS
The next public hearing for the Colton Cultural Resources Element Update will take place on February 14, 2023, with a Planning Commission workshop on the Cultural Resources Element Update. The draft Cultural Resources Element Update will be reviewed by the City in late February/early March, with a draft available for public review by early April.

The City continues to accept input and feedback from the public.

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APPENDIX A:

Community Input, City of Colton Cultural
Resources Element Update
Historical Resources, Archaeological
Resources, and Tribal Cultural Resources
Community Workshop, Dec. 7, 2022

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Appendix A: Community Input, City of Colton Cultural Resources Element Update 1 Community Workshop, December 7, 2022

HISTORICAL RESOURCES
GOAL #1: IDENTIFY

HISTORICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 1.1
Proactively identify Colton’s significant historical resources, including buildings, structures, sites, historic districts, and cultural landscapes High priority (for 1 person)
POLICY 1.2
Recognize resources reflecting all of Colton’s historic eras POLICY 1.3
Ensure that historical resources survey and evaluations consider potential social-cultural importance as well as architectural style

POLICY 1.4
Expand designation for under-represented resources on Landmark Register POLICY 1.5
Encourage an innovative, inclusive preservation program

GOAL #2: DOCUMENT

HISTORICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 2.1
Foster appreciation and knowledge of Colton’s history and cultural resources program among other City agencies and departments “South Colton Oral History
Project; other similar efforts?”
POLICY 2.2
Create opportunities for research partnerships w/schools, scholars & media “Partner w/local museum; strengthen ties”
POLICY 2.3
Explore ways to honor & document history of Colton’s diverse communities POLICY 2.4
Ensure that the City’s Inventory and Register of Historical Resources are readily accessible and transparent to the public
High priority (for 3 people)

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Appendix A: Community Input, City of Colton Cultural Resources Element Update 2 Community Workshop, December 7, 2022

GOAL #3: PRESERVE & PROTECT

HISTORICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 3.1
Encourage retention of historical resources “Preserve South Colton from BNSF” POLICY 3.2
Expand and enhance preservation incentives High priority (for 2 people)) POLICY 3.3
Provide guidance to public on how to sensitively upgrade and change historic properties

POLICY 3.4
Promote designation of historic districts and landmarks High priority (for 1 person) POLICY 3.5
As a City, set an example for sound stewardship by retaining and protecting City-owned historical resources

GOAL #4: EDUCATE
PUBLIC RE: HISTORICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 4.1
Build public understanding and support of Colton’s historic preservation program, policies, and zoning code
“Community workshops on CEQA, other laws,
preservation ordinance for how to engage”
POLICY 4.2
Build public awareness of and appreciation for Colton’s rich history and heritage, both sociocultural as well as
architectural
Medium priority (1 person)
“Provide better feedback loops for the
community”
Use platforms such as YouTube for
meetings/hearings to expand access
“Provide more time at public
meetings/hearings”
“Find ways to expand public understanding”
“Training for City staff and public on what
questions/subjects should be considered”
POLICY 4.3
Leverage Colton’s status as a Certified Local Government to strengthen and expand awareness of Colton’s historic
preservation program and policies
High priority (1 person)
Medium priority (2 people)

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GOAL #5: CELEBRATE

HISTORICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 5.1
Raise awareness of Colton’s rich history and heritage, both social as well as architectural
High priority (1 person)
POLICY 5.2
Take the time to honor preservation success stories in Colton Medium priority (1 person)

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ARCHAEOLOGICAL RESOURCES
GOAL #1: IDENTIFY

ARCHAEOLOGICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 1.1
Proactively identify and conserve Colton’s significant
archaeological resources
High priority (for 2 people)
“Save the Donkeys, Safe Passages”
“Landback funding”
POLICY 1.2
Update Citywide inventory of archaeological resources on a regular basis

GOAL #2: DOCUMENT

ARCHAEOLOGICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 2.1
Ensure best-practice based documentation of significant archaeological resources
High priority (for 1 person)
“We need to protect our remaining native
plant ecosystems which also house
petroglyphs and plants/aniamsl of
significant cultural meaning (e.g., Chia
sage, road runners, coyotes, and more)”
POLICY 2.2
Create opportunities for research partnerships w/schools, scholars & media
High priority (for 2 people); medium
priority (for 1 person)

GOAL #3: PRESERVE & PROTECT

ARCHAEOLOGICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 3.1
Enhance public policy for the proactive protection of Colton’s archeological resources
High priority (for 2 people)

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GOAL #3: PRESERVE & PROTECT

ARCHAEOLOGICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 3.2
Ensure the conservation of significant archaeological resources

GOAL #4: EDUCATE
RE: ARCHAEOLOGICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 4.1
Build public understanding of and support for Colton’s cultural resource policies and code requirements
High priority (for 2 people)
POLICY 4.2
Raise public awareness of and appreciation for Colton’s archaeological heritage
High priority (for 2 people)

GOAL #5: CELEBRATE

ARCHAEOLOGICAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 5.1
Raise awareness of Colton’s rich cultural heritage High priority (for 1 person) Medium priority (for 2 people)
POLICY 5.2
Identify ways to honor and reward successful preservation projects and stakeholder partnerships in Colton
“In Policy #2, I think we should be
cautious with the word ‘Reward’ – what
does that entail? There should be limits
on rewards to developers.”

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Appendix A: Community Input, City of Colton Cultural Resources Element Update 6 Community Workshop, December 7, 2022

TRIBAL CULTURAL RESOURCES
GOAL #1: IDENTIFY

TRIBAL CULTURAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 1.1
Proactively identify and conserve Colton’s Tribal Cultural Resources
High priority (for 1 person)
POLICY 1.2
Engage in meaningful consultation with local Native American groups regarding Tribal Cultural Resources

GOAL #2: DOCUMENT

TRIBAL CULTURAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 2.1
Document significant Tribal Cultural Resources in a culturally sensitive manner
High priority (for 1 person)
POLICY 2.2
Create and maintain an archive of local Native American connections to the City and its environs

GOAL #3: PRESERVE & PROTECT

TRIBAL CULTURAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 3.1
Develop public policy for the proactive protection of Colton’s Tribal Cultural Resources
High priority (for 1 person)
POLICY 3.2
Ensure the conservation of significant Tribal Cultural Resources and other places significant to local Native American tribes “Keep in mind that not all indigenous people
are recognized by government; we can’t let
those people slip between the cracks; their
history is important.”

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Appendix A: Community Input, City of Colton Cultural Resources Element Update 7 Community Workshop, December 7, 2022
GOAL #3: PRESERVE & PROTECT

TRIBAL CULTURAL RESOURCES

POLICY PUBLIC FEEDBACK
“I agree [with comment above]; many of
Colton’s residents are of indigenous descent
but are not federally recognized.”
“With the genocide of Native peoples, it is
important to remember that those people
may no longer exist, so there is no
representation for them, no one to send
letters/email to. They are important even if
they were passing through.”
POLICY 3.3
Coordinate with local Native American tribes to provide stewardship, access and protection to Tribal Cultural
Resources in the City

GOAL #4: EDUCATE
RE: TRIBAL CULTURAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 4.1
Build public understanding of and support for Colton’s Tribal Cultural Resource policies and code requirements
“Expand existing tribal consultation process”
POLICY 4.2
Raise public awareness of and appreciation for Colton’s Native American heritage
High priority (for 2 people)

GOAL #5: CELEBRATE

TRIBAL CULTURAL RESOURCES

POLICY PUBLIC FEEDBACK
POLICY 5.1
Acknowledge and celebrate contributions of Native Americans to the community, past and present
High priority (for 2 people)

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A ROAD MAP FOR THE FUTURE

CITY OF COLTON GENERAL PLAN APPENDIX B

Appendix B:

Summary of Planning Commission Input,
Cultural Resources Element Update,
February 2023

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MEMORANDUM
To: Mario Suarez, AICP, Planning Manager
Mark Tomich, AICP, Development Services Director
City of Colton, Development Services Department, Planning Division From: Debi Howell-Ardila, MHP, Senior Team Lead, Architectural History Susan Zamudio-Gurrola, MHP, Architectural Historian
Stephanie Cimino, MS, Director, Cultural Resources
Date: February 24, 2023
Re: Summary of Planning Commission Workshop, Cultural Resources Element Update, February 14, 2023
This memo summarizes the Planning Commission Workshop for City of Colton Cultural Resources Element Update, which took place at Colton City Hall on February 14, 2023.

The Planning Commissioners present were Gary Grossich; Pamela Lemos; Richard Prieto; Letitia Baden; Dr. Eric Peters . Representing the City were Mario Suarez, AICP, Planning Manager; and Mark Tomich , AICP, Development Services Director, Planning Division. The SWCA consultant team was represented by Debi Howell -Ardila, MHP, Senior Team Lead, Architectural History ; Susan Zamudio -Gurrola, MHP, Architectural Historian; and Stephanie Cimino, MS, Director, Cultural Resources.

OVERVIEW OF MEETING
The Planning Commission meeting was called to order. Planning Manager Mario Suarez introduced SWCA Environmental Consultants, to begin the presentation on the Cultural Resources Element Update.

Debi Howell-Ardila, SWCA Senior Team Lead and principal historic preservation specialist for the Cultural Resources Element update , began the Powerpoint presentation, speaking on historical/built environment resources goals and policies. Stephanie Cimino , lead archaeologist and Cultural Resources Director, presented the archaeological and tribal cultural resources goals and policies. The Powerpoint presentation concluded with the opening of a feedback/question and answer session for the commissioners.

Questions and comments received from the commissioners included the following:

1. Commissioner Lemos asked if, once the CR Element is approved, how would the policies be applied to projects
o Staff responded that, if an application were already in the proces s of being deemed complete, the current policies would be applied

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2 2. Commissioner Baden asked if the City currently has a Cultural Resources Element, and would these policies apply to each application that is submitted o Staff responded yes, the City has a Cultural Resources Element , but it is outdated; the policies would apply to each application that is reviewed o Mr. Suarez spoke about tribal consultation practices, and how the existing code is not as useful as it could be

3. Commissioner Prieto asked if the Cultural Resources Element policies will clash with housing mandates and which element takes precedent
o Mr. Tomich stated housing policies could override local zoning. Noted that in recent years there has been an erosion of l ocal authority. Mentioned a bill involving lot splits, and how things are not allowed in historic districts that are allowed in other areas. Also noted new laws that will be going into effect and keeping the commissioners updated.

4. Commissioner Peters asked what steps will be taken to improve access to the public workshops on the Cultural Resources Element
o Mr. Suarez described the outreach methods and announcements that the City made with respect to access and visibility, including to Native American tribes o Ms. Howell-Ardila clarified that the comment about improving access was made (in the prior public workshop) in reference to the city hearings involving project approvals

5. Commissioner Prieto spoke about a group that had met in 2014 regarding improvements in South Colton; he noted that nothing has been done since that time, and asked why o Mr. Suarez replied that their recent focus has been on the Housing Element, and staff does use the Livable Corridors plan when discussing projects with developers

6. Commissioner Grossich asked about the Cultural Resources Element and its nexus with state law o Mr. Suarez explained that several General Plan elements are required in California , but the Cultural Resources Element is optional, not required

7. Commissioner Grossich asked if the Cultural Resour ces Element could be used in approvals/denials of projects, and he noted that the Tribal Cultural Resources section of EIRs seems to be one of the longest. He also noted that the City has designated properties that are not promoted in any way; recommended plaques
o Staff stated the City has a historic preservation code for designation of historic properties, but have not had one in a while
o Mr. Suarez replied that there had been a recent one – the Peters House in Agua Mansa

8. Commissioner Grossich asked if property owners had to initiate designation o Mr. Suarez stated that staff can initiate designations, if the City had staff available to work on such projects; also discussed Mills Act properties in the City

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3 9. Commissioner Lemos stated interest in using the City website to promote historic designation o Staff replied yes, that could be done, and it could fit under a Cultural Resources Element policy/action
o Ms. Howell -Ardila spoke about significance criteria, potential historic districts, and neighborhoods with cohesive historic character
o To a question regarding eligibility for designation, Ms. Howell-Ardila spoke about the age threshold used per best practices - 45 to 50 years of age signals the need for evaluation; also discussed properties’ social and cultural significance , which is not obvious without doing research

10. Commissioner Grossich brought up the applicability of the Mills Act when a home is being remodeled
o Ms. Howell-Ardila spoke about the Mills Act being a state law that cities can design and tailor to their needs; the City can decide what to prioritize and which properties should qualify, what level of investment should be expected
o Mr. Tomich stated that different cities have embraced the Mills Act at different levels, and cities experience a reduction in taxes

11. Commissioner Prieto opened the public comment period

12. Nancy Melendez from the Spanish Town Her itage Foundation spoke about the Agua Mansa cemetery; its rich history; how historic resources could be economic drivers; students could learn about their community’s history; spoke about New Mexicans and indigenous people buried at cemetery; stated the cemetery is important to history of region and southwestern U.S.

13. Gem Montes from Reche Canyon spoke; discussed how public access to meetings has been an issue for years; believes there needs to be a more robust effort to reach people, and there needs to be meaningful engagement with tribes, not just the minimum under the guidelines. Noted that if the City does just minimum outreach, they will get the minimum back. Also mentioned a recent discussion about warehouses in Colton; noted old businesses that are closing and how they should receive better support as they are part of the community/culture.

The Public comment period was closed and the Planning Commission moved on to next agenda item.

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ITEM NO. 3

STAFF REPORT

DATE: JUNE 18, 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 REGULAR MEETING HELD ON MAY 21, 2024 AND JUNE 4, 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 Regular Meeting Held on May 21, 2024 and June 4, 2024.

BACKGROUND

Minutes for the City Council Regular Meeting Held on May 21, 2024 and June 4, 2024.

FISCAL IMPACTS

None

ATTACHMENT

1. 05-21-2024 Draft Minutes

2. 06-04-2024 Draft Minutes
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March 21, 2024 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

May 21, 2024

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

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

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

PUBLIC COMMENT
None

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

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

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 Attorney Campos announc ed that the City Council met in Closed Session and discussed Item A ; direction was given but there was no reportable action.

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May 21, 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 Conrad Valdez – Echoes of Love Ministry 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 Student Leadership Day – Youth Leadership Recognition Council Member González read a Proclamation Certificate – Colton Student Leadership Day, May 21, 2024. CM González proceeded to celebrate and recognize the student leaders who were present with a certificate of recognition from the City of Colton, and a certificate of recognition from the San Bernardino County Supervisor, Joe Baca Jr.

The following Student were recognized:

 Jacob Arias
 America Avila
 Juan Barron
 Erin Dallatorre
 Andrew Diaz
 Josiah Diggs
 Marikaren Garcia
 Elijah Goodman
 Izak Frank Landero
 Isaac Ornelas
 Uriel Morales
 Nevaeh Ramirez
 Sabrina Robles
 Isaac Timothy Ruiz
 Jocelyn Palmerin Sandoval
 Anthony Ureno

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 Proclamation – Veronica Castro Gonzales, Retired CJUSD Employee Mayor Pro Tem Echevarria read and presented a Proclamation to Veronica Castro Gonzales for her 30 years of service to the Colton Joint Unified School District; accepted by Veronica Castro Gonzales accompanied by her friends and coworkers.

 Recognition – “Citizens Academy” Graduates (Police)
Police Lieutenant Raymond Mendez gave a brief description of what the graduates went through and what they learned. Lt. Mendez and Mayor Navarro presented each graduate with a recognition certificate.

The following graduates were recognized:

 Mayra Garcia
 Veronica Castro Gonzales
 Joanna Marcial
 Ashley Solis – Lopez
 Jessica Jasmine Diaz
 Jonathan Castillo
 Maria Gudino Noguera
 Kelsey Marie Hensley
 Jaqueline Mariscal
 Roxanna Marcial

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF MAY 21 , 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).

CM González attended the City County Transportation Authority’s Annual 2024 Conference; held May 17-18, 2024, held at the Lake Arrowhead Resort and Spa, Lake Arrowhead, CA.

CM Toro & MPT Echevarria attended the International Council of Shopping Centers Annual Conference as a representative for the City of Colton; held May 18-21, 2024 at the Las Vegas, Nevada convention center.

APPOINTMENTS
None

MAYOR AND COUNCIL DISCUSSION ITEMS
None

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PUBLIC HEARINGS
(1) Zoning Text Amendment - Electric Vehicle Charging Stations/Hydrogen Vehicle Charging Station -

TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING 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 PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65850.7, ORDINANCE NO. O-05-24.

The Mayor opened the Public Hearing.

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

Public Comment
None

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

Vote: Unanimous, Motion Passes.

Council Discussion
None

Motion and Second by CM Gonzales/ CM Chastain to waive full reading and read by title only and pass first reading of O-05-24.

Vote: Unanimous, Motion Passes.

BUSINESS ITEMS
(1) AB 481 Report - Approve Annual Update to City Council on Military Equipment Pursuant to California AB481.

Staff Presentation
Police Lieutenant Raymond Mendez presented for Co uncil an overview of the agenda item and requested approval of staff’s recommendation.

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Public Comment
None

Council Discussion
None

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

PUBLIC COMMENT
The following community membe rs addressed the Council: Melony Mclachlan, Marcus Meza, Juan De La Torre, Eugene Valdez, Brian Ross, Naythyn Golighthy, and Shareece Wright.

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

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 12.

City Manager William R. Smith recommended approval of all items with one correction to item #9. Smith explained that the correction involved a few lines being accidently left out in section 5 of the Resolution (R-45- 24) and that the correction did not affect the overall budget numbers. An updated resolution with the corrections was also provided to Council.

Motion and Second by CM González/MPT Echevarria to approve consent calendar Items 3 through 12 with the correction to Item #9.

Vote: Unanimous, Motion Passes

(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.

(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.

(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.

(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.

(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.

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(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.

(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.

(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.

(11) Purchase: Fairview Ford - Approve Purchase of Three (3) F-250 Vehicles from Fairview Ford.

(12) Purchase - Sherman + Rielly Inc. - Approve Purchase of Wire Dolly from Sherman + Reilly Inc.

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 7:31 p.m. Mayor Navarro adjourned the Regular Council Meeting.

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

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CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

June 4, 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 Eric Strutz – The Door 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 Teacher’s Appreciation Day
Council Member González read a Proclamation Certificate – Colton Teacher’s Appreciation Day and recognized the teachers that were present in the audience.

 Certificates – Teacher Recognition
Council Member González recognized and presented certificates to the following teachers:

 Chris Barta – Colton High School Welding Teacher
 Jennie Blinkinsop - Lincoln Elementary 4thGrade Teacher  Deenica Burns – Joe Baca Middle School College & Career Readiness Teacher  Aron Campbell – Colton High School Band Teacher
 Kristin Griffith – Colton High School HEAL (Health Academy & Leadership) Program Teacher  Dawna Hughes - Colton High School HEAL (Health Academy & Leadership) Program Teacher

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 Megan Kelley - Colton High School HEAL (Health Academy & Leadership) Program Teacher  Marcos Meza - Colton High School Auto Shop Teacher
 Robert Montano – Colton High School Math Teacher
 Theresa Rago – Colton High School Wellness Teacher
 Sara Starbuck - Lincoln Elementary 4thGrade Teacher
 Myriam Whall - Colton High School Wellness Teacher
 David Wheatley – Colton High School History Teacher
 Tom Wurz – Colton High School Graphic Communications Teacher

 Recognition – San Bernardino County Science and Engineering Fair Student Winners from the City of Colton
Council Member Toro invited Ms. Guerro to share what the San Bernardino County Science and Engineering Fair event was about. Council Member Toro recognized each student for their awards and presented them with a certificate of recognition from the City of Colton, and a recognition certificate from San Bernardino County Supervisor Joe Baca’s Office. Israel Fuentes, Board Member for the Colton Joint Unified School District and Dr. Frank Miranda, Superintendent for the CJUSD, addressed the Council and offered congratulations to the students being recognized and the parents and teachers who made it possible.

The following students received recognition:

 Michael Salbilla
 Ethan Marquez
 Jia Kagarise
 Angellisa Valenzuela
 Karla Parada
 Darian Castanon
 Noah Torrez
 Brianna Pravel
 Sarena Lara-Monterrosa
 Sharon Bernal Campos
 Fernanda Romero-Hernandez
 Camila Venegas
 Brigitte Solis
 Yulior Zamora
 Alyssa Ramirez
 Serena Ventresca
 Daniela Silva

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF JUNE 4, 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.

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

APPOINTMENTS
None

MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS

(1) Appeal of Modification of Zoning E ntitlement - Ecology Recycling - TIME AND PLACE FIXED TO CONSIDER THE CONTINUED PUBLIC HEARING FROM MAY 7, 2024, APPROVING A

RESOLUTION ADOPTING 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 S HREDDING 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 Public Hearing was already open.

The Deputy City Cle rk 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
Mario Suarez, Planning Manager, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
The following community members addressed the Council: Gem Montes and Pam Lemos

Motion and Second by CM González/ MPT Toro to Close the Public Hearing.

Vote: Unanimous, Motion Passes

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

Planning Manager Mario Suarez, Fire Code Consultant Denise Grubb, Business Applicant Richard Mandel, and Development Services Director Heidi Duron.

Motion and Second by CM Toro/ CM Echevarria to approve and a dopt Resolution No. R -38-24 to grant the appeal allowing onsite material storage to extend to 35 feet high.

Subsequent Motion and Second by CM González/ Mayor Navarro to grant the appe al allowing onsite material storage to be limited to 20 feet high.

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Vote: Motion Failed with CM Toro, CM Chastain, and CM Echevarria voting no.

Motion and Second by CM Toro/ CM Echevarria to approve and adopt Resolution No. R -38-24 to grant the appeal allowing onsite material storage to extend to 35 feet high.

Vote: Motion Passes with CM González and Mayor Navarro voting no.

(2) Club 215 Billboard Agreement - DAP24-0020 - TIME AND PLACE FIXED TO CONSIDER A

PUBLIC HEARING TO APPROVE AND ADOPT A RESOLUTION APPROVING AMENDMENT OF APPROVED BILLBOARD PUBLIC BENEFIT AGREEMENT (FILE INDEX #DAP-001-425)

FOR OPERATION OF A PROPOSED OFF-PREMISES 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 (FILE INDEX #DAP24- 0020), RESOLUTION NO. R-47-24.

Mayor Navarro declared the Public Hearing open.

The Deputy City Clerk Vargas submitted the Notice of Public Hearin g (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 González/CM Toro 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.

Motion and Second by CM González/ CM Chastain to Approve and Adopt Resolution No. R-47-24.

Vote: Unanimous, Motion Passes.

BUSINESS ITEMS
None

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

PUBLIC COMMENT
The following community members addressed the Council: Pam Lemos

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

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 12.

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City Manager William R. Smith informed Council that a correction was needed for item #5 (Calling the General Municipal Election for November 5, 2024.) Smith explained that the Resolution (R -49-24) incorrectly stated that the council seats for District 1 and 2 have 2 -year terms; the resolution should have correctly stated that these seats have 4-year terms.

Motion and Second by CM González/CM Echevarria to approve consent calendar Items 3 through 12 with the corrections described by City Manager Smith.

Vote: Unanimous, Motion Passes

(3) Warrants - Approve voucher numbers 212273 to 212369 dated 05/02/2024 and totaling $1,466,635.26; wires dated 05/06/24 and totaling $2,916,095.10; voucher numbers 212370 to 212466 dated 05/09/2024 and totaling $535,325.36 and a payroll disbursement listing dated 04/13/2024 to 04/26/2024 totaling $1,172,137.08.

(4) City Treasurer's Report - Receive and File City Treasurer's Report for March 2024.

(5) Calling the General Municipal Election for November 5, 2024 - Calling and Giving Notice of a General Municipal Election to be Held on Tuesday, November 5, 2024; Requesting the County of San Bernardino to Render Specified Services; and Adopting Regulations for Candidates for Elective Office, RESOLUTION NO. R-49-24 and Approve and Adopt a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statements, RESOLUTION NO. R-50-24, Submitted to the Voters at an Election to be Held on Tuesday, November 5, 2024, RESOLUTION NOS. R-49-24 & R-50-24.

(6) Contract Award - DM Contracting, Inc. - Award a Contract to DM Contracting, Inc. for the Fire Station 212 Driveway Replacement Project.

(7) Contract Award - Krieger and Stewart Inc. - Approve Contract Award to Krieger and Stewart Inc. for the Montecito Reservoir Project.

(8) Contract Award – Matich Corporation – Approve and Adopt the Award of Contract to Matich Corporation for FY 23/24 Asphalt Paving Project in the Amount of $2,414,229, RESOLUTION NO.

R-48-24.

(9) DBE Participation Level - Federal Fiscal Year 2024/2025 - Approve and Adopt a Resolution Authorizing the Annual Anticipated DBE Participation Level (AADPL) for Federal Fiscal Year 2024/2025, RESOLUTION R-44-24.

(10) Purchase - Fairview Ford - Approve Purchase of Vehicle from Fairview Ford.

(11) Purchase - JDC Industrial Equipment Specialists - Approve Purchase of Skylift Mini Derrick Super 6000 Hybrid Machine from JDC Industrial Equipment Specialists.

(12) Second Reading of Ordinance No. O-05-24 - Approve Second 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-05-24.

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS

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Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.

CITY MANAGER'S REPORTS
None

ADJOURNMENT

At 8:43 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium for Edward Cornejo and Mary Ann Farrar.

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

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ITEM NO. 4

STAFF REPORT

DATE: JUNE 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 05/07/2024 AND
TOTALING $57,018.84; REPLACEMENT CHECKS 212467 & 212468 DATED 05/14/2024 AND TOTALING $10,035.28; VOUCHER
NUMBERS 212469 TO 212558 DATED 05/16/2024 AND TOTALING
$913,379.98; VOUCHER NUMBERS 212560 TO 212735 DATED
05/23/2024 AND TOTALING $1,555,856.65 AND A PAYROLL
DISBURSEMENT LISTING DATED 04/27/2024 TO 05/10/2024
TOTALING $1,130,698.39.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 05/07/2024 and totaling $57,018.84; replacement checks 212467 & 212468 dated 05/14/2024 and totaling $10,035.28; voucher numbers 212469 to 212558 dated 05/16/2024 and totaling $913,379.98; voucher numbers 212560 to 212735 dated 05/23/2024 and totaling $1,555,856.65 and a payroll disbursement listing dated 04/27/2024 to 05/10/2024 totaling $1,130,698.39.

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
4 Packet Pg. 297
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Warrants - Accounts Payable
June 18, 2024

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
4 Packet Pg. 298
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: JUNE 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: AFFIRM EMERGENCY CONDITIONS AT AGUA MANSA POWER PLANT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Affirm Emergency Conditions at Agua Mansa Power Plant and authorize the City Manager or designee to execute all necessary agreements to complete repairs to the power plant and simultaneously execute all necessary agreements for a lease engine as provisioned in Colton Municipal Code section 3.08.130(A).

BACKGROUND

During a recent routine inspection, damage was discovered to the turbine at the Agua Mansa Power Plant (AMPP). While the damage is attributed to “normal wear -and-tear,” and the equipment was scheduled for normal maintenance/replacement in November of this year, this discovery presents a serious situation and potential financial exposure for the Electric Utility.

Due to this discovery, AMPP cannot be run until repairs are completed. With AMPP out of market, the Electric Utility faces significant costs for replacement energy that are estimated to be as high as $29,000,000.

ISSUES/ANALYSIS

Given the significant financi al exposure to the City and the potential for catastrophic failure of AMPP, the City Manager’s Office has issued an emergency declaration and directed staff to effectuate repairs to the plant. To accomplish this, the City has invoked Colton Municipal Code

3.08.130 (A), dispatching with the Formal Bidding requirements and executing the attached agreements with ProEnergy Services. One agreement is for the lease of a replacement engine, 5 Packet Pg. 381
Staff Report to the Mayor and City Council
Affirm Emergency Condition at Agua Mansa Power Plant
June 18, 2024

while the second agreement is for the repairs to the City’s engine. The le ased engine is on a weekly basis at a rate of $ 110,000. It is estimated the City will need the leased engine for approximately 13 weeks for a total of $ 1,430,000. The second agreement is for repairs to the City’s engine with an expected cost of $ 2,900,000 which includes a 10 percent contingency to accommodate for additional work that may be required but is not yet known at this time. In total, the cost for the leased engine and repairs to the City’s engine are anticipated to be $4,330,000.

FISCAL IMPACTS

Sufficient appropriations are available in the FY2023-24 adopted budget in Electric Utility Fund Agua Mansa Power Plant Capital Account Number 520-8000-8009-4930-0101-000.

ALTERNATIVES

Provide alternative direction to staff.
5 Packet Pg. 382

ITEM NO. 6

STAFF REPORT

DATE: JUNE 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE CONTRACT AMENDMENT WITH EES CONSULTING

TO COMPLETE ELECTRIC UTILITY COST OF SERVICE
ANALYSIS.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the City Manager or designee to Execute Amendment No. 3 to the Professional Services Agreement (PSA) with GDS Associates, Inc. (dba EES Consulting) by $60,000 to complete the Electric Utility Cost of Service Analysis.

BACKGROUND

The Electric Utility Department has been working on a cost -of-service analysis (COSA) to determine appropriate rate schedules to identify and supp ort the revenue requirements of the utility and ensure fair and equitable rates across customer classes. The initial Professional Services Agreement ( PSA) was approved by City of Colton City Council at its regular meeting on June 7, 2022. At that time, th e contract was awarded to EES Consulting in the amount of $56,000. Since that time, several models and iterations have been developed to evaluate revenue requirements that align with projected future operational expenses and associated costs from each respective customer class. These additional rate models, however, are out of the original scope of work. Due to the additional work, the project could not be completed within the initial timeframe. As a result, Amendment No. 2 was issued to extend the term of the agreement until June 30, 2024. Unfortunately, the COSA study will not be completed within the term of the amendment. Consequently, Amendment No. 3 is necessary to extend the term of the agreement to June 30, 2025, and increase the cost of the agreement by $60,000.

ISSUES/ANALYSIS
6 Packet Pg. 383
Staff Report to the Mayor and City Council
Contract Amendment - EES Consulting
June 18, 2024

Staff has scoped the remainder of the work with EES Consulting and determined additional work is needed to complete the study. The additional work includes updating the existing COSA model with Fiscal Year 2025 budget data, generation of a comprehensive COSA report along with recommendation for rate design and a minimum of three in -person presentations. The additional funds beyond the estimated costs of $26,265 to complete the COSA are a contingency to cover any additional costs that may result from requests outside the scope of services, such as the development of additional COSA rate models that may arise due to changes in market conditions.

FISCAL IMPACTS

Sufficient appropriations for Amendment No. 3 are available in the adopted Fiscal Year 2023-24 budget in Electric Utility Fund Professional Services Account Number 520-8000-8001-2350- 0923-000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Proposal for City of Colton Electric COSA
6 Packet Pg. 384

Amber Gschwend , Managing Director
amber.gschwend @gdsassociates.com
Cell 3 60-319-7946

16701 NE 80 th Street  Suite 102  Redmond, WA 98052  425-889-2700  Fax 866 -611-3791  www.eesconsulting.com Georgia  Texas  Alabama  New Hampshire  Wisconsin  Florida  Maine  Washington  California

May 8, 2024

Mr. Charles Berry
Electric Utility Director
City of Colton
150 South 10
th Street
Colton, CA 92324

SUBJECT: Electric COSA and Rate Design Update

Dear Mr. Berry:

Based on our recent comm unications, EES Consulting (EES), a GDS Associates Company, presents this proposal to provide the City of Colton (City) with updating the electric Cost of Service and Rate Design study.

Proposed Scope of Work
For this engagement, EES proposes to update the existing COSA and rate design models based on FY2025 budget data. A report with the COS A results and rate design recommenda tions will be provided. The budget includes incorporating one round of feedback on each of the draft materials prior to finalizing.

Additionally, EES will attend three presentations in person. Draft and final presentations will be prepared in coordination with City staff.

Proposed Engagement Staffing, Budget, and Schedule
Amber Gschwend will serve as project manager and primary contact for this engagement and will conduct most of the work. We are prepared to start this engagement upon receiving a notice -to-proceed from the City.

As for the budget for this engagement, EES bills on a time and materials basis. Based on the proposed scope of work , we estimate a labor budget with a $ 24,000 not-to-exceed amount. Out-of-pocket travel costs will be billed at actual cost. An estimate for these costs is provided in the table below.

Cost Estimate
Update FY2025 Budget/Revenue Requirement $1,200
Rate Design Model Updates $6,000
Presentation Revisions $3,600
COSA Report $4,200

In-Person Attendance at 3 Meetings (Labor) $9,000
Expenses (3 overnight trips) $2,265

Total Labor $24,000
Expenses Estimate $2,265

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Attachment: Proposal for City of Colton Electric COSA (4539 : Contract Amendment - EES Consulting) Mr. Charles Berry
May 8, 2024

16701 NE 80 th Street  Suite 102  Redmond, WA 98052  425-889-2700  Fax 866 -611-3791  www.eesconsulting.com Georgia  Texas  Alabama  New Hampshire  Wisconsin  Florida  Maine  Washington  California

We hope this proposed scope of work, schedule and budget are in keeping with the City’s needs.

Please contact me with any questions.

Sincerely,

Managing Director, EES Consulting
[email protected]

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Attachment: Proposal for City of Colton Electric COSA (4539 : Contract Amendment - EES Consulting)

ITEM NO. 7

STAFF REPORT

DATE: JUNE 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD WITH AME ROOFING FOR THE CITYWIDE ROOF TILE REPLACEMENT PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Reject the bid from CalCom Roofing, Inc. as non-responsive and award a contract for the Citywide Roof Tile Replacement Project to AME Roofing, as the lowest responsive and responsible bidder for $543,688.

BACKGROUND

The existing tile roofing of the Luque Center, Fire Station 211 and Fire Station 214 showed wear and tear characteristics of being approximately over 30 years old; the roof has missing areas.

Generally, roofs are designed to last approximately 20 to 30 years. During the rainy seasons, these roofs leaked in several locations , which creates a safety concern for employees, residents, and customers. The proposed scope of work includes the re moval of existing roof tile and underlayment; replace damaged plywood and facia; and install new tile roofing.

ISSUES/ANALYSIS

In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in Th e Press Enterprise on March 1, 2024 , and March 8, 2024. A mandatory Pre -Bid Meeting and Job Walk was held on May 14, 2024. Four (4) Bids were received for the May 23, 2024 bid opening from known roofing contractors in Southern California.

BIDDER TOTAL BID AMOUNT
7 Packet Pg. 387
Staff Report to the Mayor and City Council
Contract Award - AME Roofing
June 18, 2024

Calcom Roofing Inc. $ 494,1993.38*
AME Roofing $ 543,688.00
Best Contracting $ 584,764.00
Letner Roofing $ 678,594.38

*Non-responsive bid

Staff reviewed and evaluated all bids. The low bidder, Calcom Roofing Inc., did not have a bidder’s bond as required in the bid documents , and is therefore deemed non -responsive. The second low bidder met all the bid requirements. Staff recommends City Council reject the bid from CalCom Roofing, Inc. as non -responsive and award the contract to the low est responsive and responsible bidder, AME Roofing, in the amount of $543,688.00 for the Citywide Roof Tile Replacement Project.

FISCAL IMPACTS

Sufficient appropriations for the Citywide Roof Tile Replacement Project are available in the FY2023-24 adopted budget in the following accounts:

ARPA Fund Capital Improvement Account 219-2437-1000-3890-000-000 $445,000.00 ARPA Fund Capital Improvement Account 219-2438-1000-3890-000-000 $107,500.00 Total $552,500.00

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Contract - Citywide Roof Tile Replacement
7 Packet Pg. 388

CONTRACT
29 CONTRACT
THIS CONTRACT is made this 18th day of June 2024, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and , hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

CITYWIDE ROOF TILE REPLACEMENT PROJECT
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION . The Work shall be commenced on the date stated in the City’ s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within One Hundred Twenty (120) Calendar Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE . The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Dollars
($ ). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES . In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
AME Roofing
Five Hundred Forty Three Thousand Six Hundred Eighty Eight and Zero Cents 543,688.00

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Attachment: Contract - Citywide Roof Tile Replacement (4555 : Contract Award - AME Roofing)

CONTRACT
30 Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract

The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW . Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable fede ral, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION . Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES . Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Public Works Department or may be obtained online at http// www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

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Attachment: Contract - Citywide Roof Tile Replacement (4555 : Contract Award - AME Roofing)

CONTRACT
31 CITY OF COLTON
By:

Signature
Name
Title
Attest:

City Clerk
Recommended By:

Signature
Name
Title
CONTRACTOR: AME ROOFING
By:

Signature
Name
Title
License Number

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ITEM NO. 8

STAFF REPORT

DATE: JUNE 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO AWARD CONTRACT TO DEWBERRY ARCHITECTS, INC. FOR THE CITY HALL AND

POLICE DEPARTMENT FEASIBILITY STUDY, RESOLUTION NO
R-52-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1) Award Dewberry Architects, Inc a professional services contract to complete a feasibility study for a program and site evaluation for the City Hall and Police Department in an amount not to exceed $140,000.

2) Adopt Resolution No. R-52-24 to amend the FY2024 -25 Budget to appropriate $140,000 to complete the feasibility study.

BACKGROUND

The current Police Department and City Hall is situated at 650 N. La Cadena Drive on a site measuring approximately 3.064 acres. The police department occupies approximately 20,000 square feet. City Hall occupies approximately 20,000 square f eet as well. The building was constructed between the late 1950’s and 1960’s and has undergone general renovations over the years. Since then, the Police Department has outgrown its space, resulting in offices being relocated and condensed to accommodate more personnel. Staff would like to conduct a feasibility study to determine the best and most fiscal ly feasible solution(s) to modernize and grow both City Hall and the Police Department.

ISSUES/ANALYSIS

8 Packet Pg. 423
Staff Report to the Mayor and City Council
Contract Award - Dewberry Architects Inc.

June 18, 2024

On February 1, 2024, the Police Department rele ased a request for proposals to vendors who have experience in government building renovations, remodels, and new builds on the Network Bid System. The notice was additionally emailed directly to eight (8) known firms and prospective proposers. For vendo rs to qualify a statement of qualification was needed in their project bid which include d, a) firm experience; b) a list of their associate team(s); c) and their project approach.

The request for proposals w as due by February 29, 2024. All the proposal s were reviewed for content and minimum qualifications. Once the initial proposals were vetted for minimum qualifications the proposals who qualified were then reviewed by City staff. City staff unanimously agreed, based off rating sheets and overall rev iew of the individual proposals, the contract award should be awarded to Dewberry Architects, Inc.

Company Price
IDS Group $ 92,871
Dewberry, Inc $136,011
Indigo $137,000
LPA $266,750
AECom $384,000
Project Finance Advisory Limited $470,800

Dewberry Architects, Inc. has completed numerous projects like what the City is requesting.

The fees associated with the project were competitive and the timeline was approximately 14 weeks. Additionally, although Dewberry Architects, Inc. is a nation -wide company and has completed feasibility studies, constructed government buildings, and performed security design, they have several California cities they have completed work with. Some of those cities include Fowler, CA, Anderson, CA, Garden Grove, C A, Bakersfield, CA, Lakeport, CA, Benicia, CA, Placerville, CA, and Hayward, CA. Not only were the costs/fees associated with the project comparable, but the timeline to complete the project was also expeditious.

FISCAL IMPACTS

Adoption of resolution R-52-24 will appropriate $140,000 in the FY2024 -25 budget to Police Facility Development Fee Fund Professional Services Account Number 253 -6071-6071-2350- 0000-000 to complete the study. Sufficient reserve balance is available to appropriate for the Feasibility Study in the Police Facility Development Fee Fund. A breakdown of the fees associated with the project is included in the project submittal.

ALTERNATIVES

Provide alternative direction to staff.

8 Packet Pg. 424
Staff Report to the Mayor and City Council
Contract Award - Dewberry Architects Inc.

June 18, 2024

ATTACHMENT

1. RESOLUTION NO. R-52-24
8 Packet Pg. 425

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

RESOLUTION NO. R-52-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

AWARDING DEWBERRY, INC THE CONTRACT TO CONDUCT A

FEASIBILITY STUDY FOR CITY HALL AND THE POLICE
DEPRAMTENT AND AMEND THE FISCAL YEAR 2024-2025 BUDGET

WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025 was approved and adopted; and

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

WHEREAS, On FEBRUARY 29 , 2024 Dewberry, Inc submitted a proposal for a feasibility study for City Hall and Police Department.

NOW, THEREFORE, the City Council of the City of Colton does resolve as follows:

Section 1. Approval of Resolution R-52-24 will amend the fiscal year 202 4-25 budget to fund the project to appropriate $140,000 in Police Facility Development Fee Fund Professional Services Account Number 253 -6071-6071-2350-0000-000 to complete the study. Sufficient reserve bal ance is available to appropriate for the Feasibility Study in the Police Facility Development Fee Fund.

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

PASSED, APPROVED AND ADOPTED this 18th day of June, 2024.

Frank Navarro, MAYOR
ATTEST:

_________________
Stephanie Vargas, Deputy City Clerk

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Attachment: RESOLUTION NO. R-52-24 (4551 : Contract Award - Dewberry Architects Inc.)

ITEM NO. 9

STAFF REPORT

DATE: JUNE 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: APPROVE AND ADOPT A CONTRACT FOR ENVIRONMENTAL

SERVICES WITH ECOTIERRA CONSULTING, AND

CORRESPONDING REIMBURSEMENT AGREEMENT WITH
APPLICANT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the City Manager to execute the attached Professional Services Agreement (PSA ) with EcoTierra Consulting, for $69,853 to provide environmental services on behalf of Aegis Builders Inc. for the preparation of an Initial Study for the development of a 143,841 square -foot mini storage and four -story apartment complex (DAP23 -0028) as p er the terms of the PSA, including exhibits attached thereto.

2. Authorize the City Manager to execute the attached Reimbursement Agreement with Aegis Builders Inc. to fund consultant services for Initial Study for the development of a 143,841 square-foot mini storage and four-story apartment complex.

BACKGROUND

On December 28, 2023, the City received an application (DAP23 -0028) for a Zoning Text Amendment for a change of zone adding R -O (Residential Overlay) to C -2 (General Commercial), Zoning Text Ame ndment to allow mini storage in C-2 zone, Conditional Use Permit (CUP) to construct a 4-story apartment complex and mini storage, and Architectural & Site Plan Review to construct new building and site improvements, located in a 2.5 acre lot zoned C-2. (APN’s: 116-702-126).

9 Packet Pg. 427
Staff Report to the Mayor and City Council
Contract Award - EcoTierra
June 18, 2024

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

ISSUES/ANALYSIS

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

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

FISCAL IMPACTS

The full amount of the $69,853 cost of consultant services, will be funded by the applicant, Aegis Builders Inc. The contract will be funded in full by the applicant through deposit into General Fund Revenue Account Number 100 -6799-000. Sufficient appropriations are available for the contract in the adopted FY2023 -24 budget in General Fund Planning Professional Services Account Number 100-6300-6301-2357-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1 - PSA_DAP23-0028

2. Attachment 2 - REIMBURSEMENT AGREEMENT_DAP23-0028
9 Packet Pg. 428
(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of July, 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 EcoTierra, with its principal place of business at 5776-D Lindero Canyon Road, Westlake Village, CA 91362 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional environmental consulting services for the 20 residential lot subdivision located at 2941 La Cadena Drive ("Project") as set forth in this Agreement Terms.

2.3 Scope of Services and Term.

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

2.3.2 Term. The term of this Agreement shall be from July 1, 2024 to August 1, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months/ Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

2.4 Responsibilities of Consultant.

2.4.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) 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.

2.4.2 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 submittal s in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

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

2.4.5 City's Representative. The City hereby designates David Alvarez, Senior Planner, 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.

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

2.4.7 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.

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2.4.8 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 per form the Services.

Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions o f 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.

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

2.4.10 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. Cons ultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

2.4.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law res pecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by som e 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.

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

2.4.10.3 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.

2.4.10.4 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.

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

2.4.10.6 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.

2.4.11 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

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) 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 limits of $1,000,000 per accident for bodily injury or disease.

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such 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 th e City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

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

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

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) (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 Con sultant, 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 appl y on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured.

Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if exces s, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be avai lable to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employer’s Liability Coverage . The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or ot her 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 Limita tions; Waiver of Subrogation .

All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of 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

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) waives its own right of recovery against City, its officials, officers, employees, a gents, 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 . C onsultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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

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

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

2.4.12 Water Quality Management and Compliance.

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

2.4.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, a nd 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 ordin ances 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 conduct ed, regulating water quality and storm water discharges.

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2.4.12.3 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.

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

2.5 Fees and Payments.

2.5.1 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 sixty-nine thousand, eight hundred fifty-three dollars ($69,853.00) without written approval of the City Council or City Manager as applicable. City Manager may authorize up to 5% increase in compensation for extra work. Extra Work, if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

2.5.3 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.

2.5.4 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 reasonabl y anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be

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2.5.5 Rate Increases. In the event that this Agreement is renewed pursuant to Se ction

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.”

2.6 Labor Code Requirements.

2.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 17 71, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its offi cials, 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.

2.6.2 Registration/DIR Compliance. If the Services are being performed on a p ublic 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.

2.6.3 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.

2.7 Accounting Records.

2.7.1 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

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) 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 inspect ion 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.

2.8 General Provisions.

2.8.1 Termination of Agreement.

2.8.1.1 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 effecti ve date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

Consultant may not terminate this Agreement except for cause.

2.8.1.2 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 th e performance of Services under this Agreement.

Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

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

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

Consultant: EcoTierra Consulting
5776-D Lindero Canyon Road #414
Westlake Village, CA 91362
Attn: Curtis Zacuto, Principal

City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Heidi Duron, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

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

2.8.3 Ownership of Materials and Confidentiality.

2.8.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. 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 doc uments 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 actu al 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.

2.8.3.2 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.

2.8.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreem ent 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 liable, or anyone approved by the Consultant.

2.8.3.4 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.

2.8.3.5 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 confidenti al by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services.

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) 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.

2.8.3.6 Confidential Informa tion. 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 oth er 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 liabilit y, 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.

2.8.4 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.

2.8.5 Indemnification.

2.8.5.1 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 Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

2.8.5.2 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 on ly to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct o f 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.

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

2.8.7 Governing Law; Government Code Claim Compliance. This Agreement shall be

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, 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.

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

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

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

2.8.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any att empt 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.

2.8.12 Construction; References; Captions . Since the Parties or their agent s 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 s hall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

2.8.14 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.

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

2.8.16 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.

2.8.17 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

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) 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 O fficer 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.

2.8.18 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.

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

2.9 Subcontracting.

2.9.1 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: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra)

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND ECOTIERRA
CONSULTING.

CITY OF COLTON ECOTIERRA CONSULTING

By: ____________________________ By: _________________________ Wiliam R. Smith ECOTIERRA CONSULTING
City Manager

Attest:

____ By: _________________________
City Clerk Stephanie Vargas
City Clerk

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) EXHIBIT "A"

SCOPE OF SERVICES

PROJECT UNDERSTANDING
The project site is located at 2941 La Cadena Drive, which encompasses one lot (APN 116-702- 126) totaling approximately 2.52 acres. The project site is mostly undeveloped except for one single family structure. Land uses currently surrounding the project site include two single family homes (on large lots) to the north with vacant, undeveloped land and mobile homes to the west, commercial buildings (not occupied) and vacant land to the south. The City’s General Plan designates the project site as General Commercial and zoned C-2. The land to the south is also General Commercial, C-2 zone with the land to the north designated Medium Density

Regional vehicular access to the project site is provided by the Riverside Freeway (Interstate 215), immediately east of the site, via the La Cadena Drive.

The proposed project would construct 88 residential units (43,848 square feet) and a 14,841 square foot, multi-story storage facility. The residential component would include two buildings:
one with 20 one bedroom units and 12 two -bedroom units; the other with 48 one-bedroom units and 8 studio units. The apartments would include a pool and pool house and fitness room amenities and a manager’s office. Parking for the apartments would include 133 surface parking spaces situated between the two buildings. The site plan has indicat ed that there would be an area set aside for future expansion with a third building with eight residential units. The project includes construction and operation of a storage facility with frontage on La Cadena Drive and would provide six surface parking spaces. Access to both the storage and apartments would be provided by a private driveway with ingress/egress to La Cadena Drive.

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

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

SCOPE OF WORK

TASK 1: PROJECT INITIATION / DATA COLLECTION

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

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra) To enable EcoTierra and our subconsultants to proceed, the following information (to the extent available) should be provided by the applicant to clearly define the project description and conduct the environmental analysis:

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

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

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

TASK 2: PROJECT DESCRIPTION

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

EcoTierra will review all relevant project description materials and prepare a preliminary version of the project description. The project description will include figures showing project location, site plan, and other illustrations as relevant and include discussions of the following:

 Previous environmental document background and setting.  Description of the existing environmental setting, including the project site’s regional and local location.

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra)  Project characteristics, including but not limited to: hours of operation/use; projected use intensity; description of the site plan; design characteristics; lighting; landscaping; access, circulation, and parking; utilities and infrastructure; stormwater management; grading and excavation; construction and construction schedule.  Project implementation and construction schedule.
 A list of required approvals.

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

Deliverable:
• Administrative draft and final project description

TASK 3: PREPARE TECHNICAL STUDIES

The initial focus of this task will be preparation of technical studies by subconsultants and EcoTierra. EcoTierra will prepare Air Quality, Greenhouse Gas Emissions, Energy, and Noise technical analyses. We have teamed with the following firms to assist in the preparation of other technical analyses:
 NOREAS, Biological Resources Assessment
 Cogstone, Cultural Resources Assessment
 Gandini Group, Traffic/VMT

The scopes for all these technical studies include the following:

Air Quality, Greenhouse Gas Emissions, and Energy Impact Analyses (EcoTierra)

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

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

Task 2 Air Quality and Greenhouse Gas Emissions Analyses  Evaluate and quantify regional criteria pollutant and greenhouse gas emissions associated with demolition and construction activities for the Project utiliz ing the most recent CalEEMod Model. If significant emission levels are found to be created from construction activities, feasible mitigation will be developed and quantified.  Evaluate local NOx, CO, PM10, and PM2.5 construction emissions at the nearest sensitive receptors. The emissions will be compared against the SCAQMD Look-Up Tables and will follow the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July 2008.

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra)  Evaluate and quantify regional criteria pollutant e missions associated with the operation of the Project utilizing the CalEEMod Model. All feasible mitigation will be identified and quantified through use of the CalEEMod Model.
 If the traffic study is available and the data deems it necessary, prepare a micro-scale CO screening analysis of the study area intersections based on the traffic data prepared for the Project and verify if it is in accordance with the SCAQMD requirements as described in the CEQA Air Quality Handbook.
 As the project will be placing new sensitive receptors over 500 feet from the Riverside freeway, the potential freeway -related health impacts with be addressed qualitatively, using CAPCOA/CARB guidance.
 The Project’s air quality emissions and anticipated growth will be analyzed in the context of the SCAQMD AQMP to determine consistency with the AQMP.  Evaluate the operational greenhouse gas emissions using the latest version of CalEEMod.  A discussion of the project’s compliance with CARB’s 2022 Climate Change Scoping Plan, or San Bernardino County Regional GHG Reduction Plan (as directed by planning staff).

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

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

Task 5 Technical Report
 Prepare air quality and global climate change (GCC) impact analyses within the IS -MND summarizing the results of the previous work tasks.

Noise Impact Analysis (EcoTierra)

The following tasks are anticipated to be required for the noise impact analysis report:

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

Task 2 Noise Setting
 Provide definitions for commonly used noise descriptors.  Identify applicable local, state, and federal noise standards.  Identify sensitive receptors in the project area.
 Identify potential project generated noise sources.
 Visit the project site and take up to four 15-minute representative noise measurements to document ambient noise levels.

Task 3 Noise Impacts
Construction Noise and Vibration Impacts

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra)  Calculate construction noise impacts from the project using Roadway Noise Construction Model (RCNM) -based calculations and determine if project construction noise would exceed any applicable standards at nearby sensitive receptors.  Estimate groundborne vibration associated with construction act ivities, determine if construction vibration would exceed any applicable standards, adversely affect on -site and nearby historical resources (as applicable), or disturb nearby sensitive receptors.

Traffic Noise Impacts from the Proposed Project
 Model futur e traffic noise created by the proposed project utilizing Federal Highway Administration Highway Traffic Noise Prediction Model (FHWA -RD-108) spreadsheets.

Determine if noise associated with the addition of project traffic on area road segments will create an impact at any existing sensitive receptors.

Operational Noise
 Model/calculate operational noise and determine if operational noise associated with the proposed project i.e., mechanical equipment, parking activities, etc. would exceed applicable City noise standards at closest sensitive receptors.  Analyze groundborne vibration associated with operational activities, determine if operational vibration would exceed any applicable standards, adversely affect nearby historical resources (as applicable), or disturb nearby sensitive receptors.

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

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

Task 5 Technical Report
 Provide a detailed written analysis within the IS -MND that documents the existing noise environment; predicts the future noise environment; and discusses project noise impacts considering the applicable local, state, and federal thresholds and list mitigation measures as necessary.

Biological Resources Assessment (NOREAS)

Task 1 Biological Survey, Analysis & Biological Technical Report NOREAS will review resource databases, local resource management plans, aerial photos, and other readily available commercial data to determine the location and types of biological resources that have the potential to exist in the region and within the Project’s study area. The literature review will support the development of all written delive rables within this SOW. NOREAS shall also perform pedestrian based biological surveys; conduct vegetative mapping; and complete habitat assessments to determine the presence – or absence, of special status species habitat within the study area. Field work will disclose and evaluate the onsite habitat conditions; and determine the potential for occurrence of common and special status species, their habitats, and sensitive land cover types. In general, the field analysis and data collection will focus on identification and estimation of the approximate acreages of various land cover types that occur within Project’s limits. A stand -alone Biological Technical Report (BTR) will be prepared for the Project which details the results of the literature review, pedestrian based biological surveys, and data analysis. The report will present the existing biological resources within the study area, and describe the following:

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra)  The methods used in identifying and assessing biological resources, the personnel who conducted the studies, contacts made with agencies – if any, and limitations associated with the data analysis;
 The environmental setting will include both the biological and physical setting within and adjacent to the study area; and
 The results, including presenc e/absence of special status species habitats, riparian or other sensitive natural communities, etc.

Assumptions
 NOREAS will be provided with the physical limits / boundaries of the study area.  SOW does not include any formal federal or state Endangered Species Act consultations.  This SOW does not include a formal delineation of Waters of the State or Waters of the United States.
 SOW does not include a focused protocol surveys for rare plants, burrowing owls, riparian birds, small mammals, reptiles, amphibians, or invertebrates.  NOREAS anticipates that two (2) administrative draft and one (1) final version of work products will be provided via email. Drafts will be revised in accordance with two rounds of formally submitted comments.
 ECO will provide authorization and assist NOREAS in arranging access to the Project, if necessary.
 SOW does not include any discretionary permitting, filing fees, or tree tagging;  The services to be performed by NOREAS will be conducted in a manner consistent with that level of c are and skill ordinarily exercised by other professional consultants under similar circumstances. Opinions relating to presence, absence, or potential for occurrence of biological resources will be based on limited data; despite the use of due professional care.

Cultural Resources Assessment (Cogstone)

Task 1: Management and Communication
 Task Management and Communication with Client.

Task 2: Research
 Cultural Resources Records Search: Cogstone will request a records search for cultural resources within a 0.5-mile radius of the Project area from the South Central Coastal Information Center (SCCIC). A review of all relevant archival records (e.g., historic maps and aerials) will be conducted, and all site records will be obtained. Note: The response time for results from the SCCIC is currently taking approximately 8 weeks.  Sacred Lands File Search: Cogstone will request a Sacred Lands File search from the Native American Heritage Commission (NAHC). Note: The response time for results from the NAHC is currently taking approximately 8 weeks.
 Historical Society Consultation: Cogstone will conduct consultation with local historical societies.
 Background Research: Cogstone will conduct research to develop brief contexts for cultural resources.

Task 3: Fieldwork
 Cogstone will provide an archaeologist to conduct an intensive pedestrian survey of the entire 2.52-acre Project area. The archaeologist will also photograph and document the exterior of the extant single-family residence.

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra)  We assume one historic in age sin gle-family residence will require recording and preliminary evaluation on one set of California Department of Parks and Recreation 523 (DPR 523) forms. Any additional cultural resources documented as part of Cogstone’s survey will be included within this DPR 523 form unless they are not associated with this single-family residence.

Task 4: Deliverables
 Cogstone’s key staff will prepare a Cultural Resources Assessment Report. The report will characterize the results of the records search, consultation effor ts to determine baseline conditions, assess potential impacts to cultural resources resulting from the project, and make appropriate recommendations to avoid or minimize any potentially significant impacts. A built environment assessment of historic -age buildings will be included in the report and the DPR 523 forms will be appended.
 Cogstone will respond to two rounds of comments and prepare the final report.  The final report and shapefiles will be sent to the SCCIC.

Notes and Assumptions
For purposes of this proposal, it is assumed that Cogstone will not be required to attend meetings.

If attendance at a meeting is required, then it will be billed separately at a time-and-materials rate plus expenses. Further, the cultural record search at the SCCIC will not exceed $740. We assume the City will conduct Native American consultations in compliance with Assembly Bill 52 (AB 52).

A paleontological resources assessment is not included in this scope and cost proposal. We assume one single-family residence will require recording and preliminary evaluation on one set of DPR 523 forms. The scope also assumes two rounds of comments on the final report.

Cogstone’s rates will be reviewed and escalated annually and are subject to change unless the contract includes required fee increases. Changes in scope will require a change order.

Traffic Impact and VMT Screening Assessment (Gandini Group)

Task 1: Traffic Study Scoping Agreement
Ganddini Group shall prepare a Traffic Study Scoping Agreement consisting of the following tasks:
 Review the project description and site plan.
 Calculate the proposed project trip generation forecast based upon rates obtained from the Institute of Transportation E ngineers (ITE) Trip Generation Manual (11th Edition, 2021).
 Assess the Project trip generation relative to the criteria typically used by the City of Colton for the preparation of a traffic impact analysis.
 Complete the City of Colton Scoping Agreement for Traffic Impact Study form. Based on preliminary trip generation estimates, the proposed Project is forecast to generate fewer than 50 peak hour trips; therefore, Level of Service analysis is not anticipated to be required for the Project, however, a separ ate memorandum is anticipated to be required to assess vehicle miles traveled (VMT) impacts.

Task 2: VMT Impact Analysis
Ganddini Group shall prepare a VMT impact analysis for the proposed proj ect consisting of the following tasks:
 Document the project trip generation based on the scoping agreement prepared in Task

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Attachment: Attachment 1 - PSA_DAP23-0028 (4547 : Contract Award - EcoTierra)  Document project VMT for the residential component based on the SBCTA VMT Screening Tool (new travel demand model runs are excluded from this scope of work).  Assess the VMT impact for the r esidential component of the project based on the City - established threshold of 15% below the City of Colton VMT per capita.  Prepare a qualitative assessment of the potential VMT impact for the self -storage component of the project by describing the local -serving nature of self -storage facilities and comparing the trip generation to 50,000 square feet of local-serving retail.  Identify mitigation measures to reduce any significant impacts to a less than significant level or to the extent feasible. Reduction in VMT associated with any proposed mitigation measures shall be quantified based on guidance from the California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilitie s, and Advancing Health and Equity (December 2021).
 Prepare a technical report that incorporates the methodology, findings, and all supporting calculations and assumptions. Review one compiled set of City of Colton comments and make minor revisions, if nec essary. The final report will be signed and stamped by a Registered Traffic Engineer in the State of California.

Assumptions and Exclusions
As the final scope of work is subject to approval by City of Colton, a work amendment may be requested for substant ial changes to the proposed scope. The scope of work excludes the following elements, which are currently not anticipated to be required:
 Level of Service or other roadway operations analysis  Travel demand model runs
 Project phasing analysis
 General Plan Buildout/Horizon Year analysis

Deliverable:
 Air Quality, Greenhouse Gas Emissions, Energy, and Noise analyses will be provided within the body of the Initial Study. Biological Resources Assessment, Cultural Resources Assessment, and Traffic Impact/VMT Impact Analysis technical reports.

TASK 4: PREPARE AND SUBMIT SCREENCHECK INITIAL STUDY

EcoTierra will research and analyze the Project impacts and prepare the Screencheck Initial Study (IS) for the Project. We will prepare the Screencheck IS in accordance with the requirements of CEQA and State CEQA Guidelines, for review by the City.

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

Using the latest State CEQA Guidelines Appendix G checklist, the IS will respond to all Appendix G checklist questions including aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, energy, geology/soils, GHG emissions, hazards and hazardous materials, hydrology and water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, transportation, tribal cultural resources, utilities/service systems, wildfire, and mandatory findings of significance. The IS will inc orporate

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If mitigation measures are required by the IS, EcoTierra will prepare a Mitigation Monitoring and Reporting Program (MMRP) pursuant to California Public Resources Code Section 21081.6. The MMRP ensures that required mitigation measures are implemented during Project implementation to reduce potentially significant environmental impacts. The MMRP will contain the list of mitigation measures, timing for implementation (e.g., prior to issuance of grading permits), the responsible staff or agency assigned to monitor the condition, and a compliance statement. The MMRP will be provided to the City for attachment to th e agency’s resolutions approving the IS/MND.

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

TASK 5: REVISE AND SUBMIT PROOFCHECK INITIAL STUDY

Typical City staff review involves two drafts of the Screencheck Draft IS/MND. It is anticipated that the first review would include the most edits, with the second draft requiring minor final corrections only. EcoTierra will revise the Screencheck IS/MND in response to City comments and the revised second draft as a P roofcheck IS/MND (in tracked changes version) clearly showing all revisions in Microsoft Word format for any additional editing by the City. We will also provide a clean version with all changes accepted/addressed in response to City staff comments.

This second draft would be expected to be approved by the City as the Draft IS/MND for public circulation. EcoTierra can assist the City in distribution of the document to responsible agencies and other interested parties. If there are mitigation measures, the S creencheck IS/MND and Proofcheck IS/MND will include the MMRP.

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

TASK 6: PUBLICATION AND CEQA NOTICES

Pursuant to State CEQA Guidelines Section 15072(a), EcoTierra will prepare a draft Notice of Intent (NOI) and Notice of Completion (NOC) for City review prior to publication and distribution of the IS/MND. EcoTierra will revise the NOI and NOC based on City staff comments/edits.

EcoTierra can assist with publication and distribution of the IS/MND, NOI, and NOC (unless the City prefers to do the distribution). The City will provide the mailing list of responsible and interested agencies to EcoTierra for mailing the NOI, unless the City prefers to do the distribution.

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

TASK 7: RESPONSE TO COMMENTS

The IS/MND will be circulated for a 30-calendar-day public review period. During and at the end of the period, the City will transmit all comments received on the IS/MND. If the City receives any public comments on the IS/MND, EcoTierra team will prepare responses to comments received.

Each letter will be numbered with corresponding comments. This scope of work allows for up to two (2) review cycles. Any additional review cycles will require additional time and cost to be addressed with the City. The cost f or this task is based on nominal comment letters from public agencies and from the public. We have provided up to 6 hours of time for this task. If the Project receives a number of controversial and/or highly technical letters, we will revisit this estimate with the City.

Deliverable:
 Response to Comments document will be provided in Word for editing purposes and PDF that will include figures, exhibits, etc.

TASK 8: PUBLIC HEARINGS

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

Regular communication (including meetings) with City staff and the Project team is conducted throughout the process of preparing the environmental documentation.

TASK 9: NOTICE OF DETERMINATION

EcoTierra will prepare a draft Notice of Determination (NOD) for City review, and revise the NOD based on City staff comme nts/edits, if applicable. EcoTierra will submit the NOD to the San Bernardino County Clerk unless the City prefers to do this task. NOD filing fees (e.g., California Department of Fish and Wildlife and San Bernardino County Clerk processing fees) are assumed to be made available to EcoTierra prior to filing with the San Bernardino County Clerk.

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EXHIBIT "B"

SCHEDULE OF SERVICES

MITIGATED NEGATIVE DECLARATION SCHEDULE

The schedule we propose will provide for completion of the technical studies and a Draft Initial Study within 12 weeks of receiving a Contract and all Applicant-provided plans and reports.

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23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "C"

COMPENSATION
EcoTierra Consulting’s total estimated costs for the work described herein is Sixty-Nine Thousand Eight Hundred Fifty-Three Dollars ($69,853.00). The estimated cost is detailed by ta sk on the spreadsheet below.

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CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

ZONING TEXT AMENDMENT AND CONDITIONAL USE PERMIT (CUP) TO ALLOW MINI STORAGE TO C-2 ZONE, AND A 4-STORY APARTMENT COMPLEX LOCATED AT 2941 LA CADENA DRIVE (CASE NO. DAP23-28)

1. PARTIES AND DATE.

This Reimbursement Agreement ("Agreement") is made this _____day of July, 2024, by and between the City of Colton, a California municipal corporation ("City"), and Aegis Builders, Inc., with its principal place of business at 2331 W. Lincoln Avenue , Anaheim, California (“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 , Aegis Builders, Inc ., 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 co ntemplating 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 provid e 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 retain any additional consultants or sub-consultants pursuant to this Agreem ent. 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 a nd not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.

3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct it s agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the fore going 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 Expenditu res. 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 preliminarily reviewed the scope(s) of work required and has estimated the aggregate Costs for all Consultants sixty-nine thousand and eight hundred fifty-three dollars ($69,853) ("Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit in the amount of $69,853 to cover the initial Estimated Costs, which amount the City shall separately account for in a Project deposit account ("Deposit Account").

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As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account drops below ($5,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Ten Thousand Dollars ($10,000), or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required depos it, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.

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

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

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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.

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.

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

This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such third party action or proceeding . Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such third party action or proceeding, Applicant shall be obligated to reimburse City for any and all costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third party action or proceeding, Applicant shal l have no further obligation to reimburse City for its attorney fees and expert or other costs.

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

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

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

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

3.15 Representations of Authority . Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and

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that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.

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

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

Applicant: Attn: Kenneth Catanzarite, Owner
Aegis Builders, Inc.
2331 W. Lincoln Avenue
Anaheim, CA 92801

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

[SIGNATURES ON NEXT TWO PAGES]

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CITY’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

ZONING TEXT AMENDMENT AND CONDITIONAL USE PERMIT (CUP) TO ALLOW MINI STORAGE TO C-2 ZONE, AND A 4-STORY APARTMENT COMPLEX LOCATED AT 2941 LA CADENA DRIVE (CASE NO. DAP23-28)

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest:

_________________________
Stephanie Vargas
City Clerk

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APPLICANT’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

ZONING TEXT AMENDMENT AND CONDITIONAL USE PERMIT (CUP) TO ALLOW MINI STORAGE TO C-2 ZONE, AND A 4-STORY APARTMENT COMPLEX LOCATED AT 2941 LA CADENA DRIVE (CASE NO. DAP23-28)

KENNETH CATANZARITE

By: _________________________
Signature

_________________________
Name: Kenneth Catanzarite

_________________________
Title: Vice President

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EXHIBIT "A"

LEGAL DESCRIPTION OF THE PROPERTY

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The site map is below (APN: 1167-021-26)

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EXHIBIT "B"

PROJECT DESCRIPTION

DAP23-0028 – The Application is for a Zoning Text Amendment for a change of zone adding R-O (Residential Overlay) to C-2 (General Commercial), Zoning Text Amendment to allow mini storage to C -2 zone, Conditional Use Permit (CUP) to allow mini storage to C-2 zone, and a 4 -story apartment complex, and Architectural & Site Plan Review to construct new building and site improvements, located in a 2.5 acre lot zoned C -2 (General Commercial).

The environmental review includes the preparation of a n Initial Study/Mitigated Negative Declaration that will provide for future development of the proposed project.

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EXHIBIT "C"

PERMITS AND OTHER APPROVALS

- Zoning Text Amendment
- Conditional Use Permit
- Architectural & Site Plan Review
- Initial Study/Mitigated Negative Declaration

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EXHIBIT "D"

CONSULTANTS

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

ECOTIERRA CONSULTING
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $69,853, without prior approval by each party.

OTHER CONSULTANTS
Any an d 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. 10

STAFF REPORT

DATE: JUNE 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: APPROVE THE PURCHASE OF FOUR (4) ADDITIONAL FLOCK CAMERAS.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the purchase of four (4) additional Flock, Inc. cameras. The initial (year) cost will rise to $26,600; however, the total may decrease depending on the locations of installation. Each year after year one, the total cost will be $12,000.

BACKGROUND

On September 6, 2022, the City Council approved the purchase of 40 automated license plate readers through Flock, Inc. After the installation of the cameras, they have proven to be extremely helpful in not only locating stolen vehicles but also as an investigative tool. We have recovered 35 occupied stolen vehicles. Additionally, there were 22 vehicles located that were wanted for various felony related crimes, includ ing 2 that were wanted for involvement in a homicide in a neighboring jurisdiction.

ISSUES/ANALYSIS

Due to the success of the current automated license plate reader (ALPR) program, the police department is looking to expand its capabilities by adding f our additional cameras. This expansion aims to enhance the department’s ability to monitor and secure the City more effectively.

The addition of these cameras will significantly increase coverage area, allowing for more comprehensive observation. With these extra cameras, the police department can place cameras 10 Packet Pg. 469
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Purchase - Flock Cameras
June 18, 2024