Agenda packet — Colton City Council, August 20, 2024

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

Mayor Frank J. Navarro
Council Members:

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

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos
Deputy City Clerk Stephanie M. Vargas

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, AUGUST 20, 2024 – 5:00 P.M.

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

CLOSED SESSION CALLED TO ORDER

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

Persons desiring to submit paperwork to the City Council Members shall provide a copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

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

2 A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
In Re Aqueous Film-Forming Foams Products Liability Litigation U.S. District Court, District of South Carolina, Case No. 2:18-mn-02873 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION & POSSIBLE INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d) (1) And Government Code Section 54956.9(d) (4) In re Smart Earth Technologies LLC et al
U.S, Bankruptcy Court for the District of Delaware, Case No. 23-11866(KBO) And One Potential Case: City of Colton, et al. v. SET/Water IT LLC/Antonio Cabrera, President:

Breach of Contract Claims
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Colton et al. v. Inland Memorial Inc. Cremation and Burial Society Inc.; Inland Memorial Inc.

San Bernardino Superior Court, Case No. CIVSB2300169

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

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

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Ruben Cimental - Sovereign Grace Impact Ministries FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Recognition - 137th Birthday Celebration Sponsors
 Recognition - 2024 VolunTEENs
 Recognition - Demand Management Incentive from San Bernardino Valley Municipal Water District

3 MAYOR AND COUNCIL ITEMS

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

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS

To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neithe r, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

(1) Public Hearing - Weed Abatement Statement of Expenses - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION R-73-24 ADOPTING A REPORT AND STATEMENT OF EXPENSES FOR THE CITY’S WEED ABATEMENT PROGRAM AND IMPOSING A LIEN UPON PROPERTY FOR PAYMENT THEREOF, AND TO OPEN YEAR ROUND WEED ABATEMENT, RESOLUTION NO. R-73-24. [Staff Person: Ray Bruno]
Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

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

MOTION __________ SECOND __________

4 BUSINESS ITEMS
To speak on business items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

(2) Sign Review - Mural at 165 East "O" Street - Approve and Adopt a Resolution to Approve the Sign Review for Mural on a Six Foot High Painted Block Wall Located Behind Sidewalk to Read "South Colton" Measuring 5-feet in Height by 20-feet in Length at 165 East "O" Street, RESOLUTION NO. R-85-24. CEQA Determination: Staff analyzed the proposed project for California Environmental Quality Act (CEQA) compliance, and has determined the proposed project is Exempt under CEQA, Section 15301 (Ex isting Facilities), Class 1.
[Staff Person: Heidi Duron]
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

Persons desiring to submit paperwork to the City Council Members shall provide a copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

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

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

(3) Warrants - Approve voucher numbers 213690 to 213819 dated 07/18/2024 and totaling $960,142.38; vouchers numbers 213820 to 213904 dated 07/23/2024 and totaling $269,364.78; vouchers numbers 213905 to 213917 dated 07/23/2024 and totaling $4,820.35 and a payroll disbursement listing dated 06/22/2024 to 07/05//2024 and totaling $1,185,729.05.
[Staff Person: Stacey Dabbs]
(4) Budget Amendment - CR&R Disposal Services - Approve and Adopt a Resolution to Amend the FY 23-24 Budget for CR&R Residential Disposal Services, RESOLUTION NO. R-90-24. [Staff Person: Brian Dickinson]
(5) Contract Amendment - ICF Resources LLC - Approve Second Amendment to Professional Services Agreement with ICF Resources LLC for Electric Engineering Consulting Services. [Staff Person: Charles Berry]

5 (6) Contract Amendment - OMNI Cemetery Management - Approve and Adopt a Resolution to Approve a Contract Amendment to OMNI Cemetery Management and Amend FY 2024 -2025 Budget, RESOLUTION NO.

R-89-24.
[Staff Person: Deb Farrar]
(7) Grant - Justice Assistance Grant FY2023 - Approve City Manager Authority to Accept Fy2023 Justice Assistance Grant Award (Jag) and the Accompanying Interlocal Agreement, Approve Resolution and Budget Amendment to Reflect Purchase of Night Vision Goggles and Related Equipment, RESOLUTION NO. R-77-24. [Staff Person: Anthony Vega]
(8) Notice of Completion - Demolition of Rialto Concrete Tank - Approve Notice of Completion for the Demolition of Rialto Concrete Tank Project.
[Staff Person: Brian Dickinson]
(9) Ongoing Emergency - AMPP - Affirm Ongoing Emergency at Agua Mansa Power Plant. [Staff Person: Charles Berry]

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

CITY MANAGER'S REPORTS

ADJOURNMENT

6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>

PROCEDURES FOR ADDRESSING CITY COUNCIL

For the Official Record, it is requested that you obtain a card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address unde r the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall h ave certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

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

NOTICE TO PUBLIC

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

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

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

LEGAL CHALLENGES

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

MANUAL OF PROCEDURE

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

ITEM NO. 1

STAFF REPORT

DATE: AUGUST 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: RAY BRUNO, FIRE CHIEF
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION R-73-24 ADOPTING A
REPORT AND STATEMENT OF EXPENSES FOR THE CITY’S

WEED ABATEMENT PROGRAM AND IMPOSING A LIEN UPON

PROPERTY FOR PAYMENT THEREOF, AND TO OPEN YEAR
ROUND WEED ABATEMENT, RESOLUTION NO. R-73-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Hold the public hearing to hear objections from property owners who incurred charges for weed abatement or who protest the abatement of weeds on their property.

2. Adopt Resolution R-73-24 to accept the report of cost for the 2023/24 weed abatement program and authorize the inclusion of these costs to be added to the San Bernardino County Assessors Tax Rolls for collection and direct staff to file a Certified Copy of Resolution R-73-24 with the County Auditor, and authorize the City Manager to complete the agreement for collection of Special Taxes, Fees, and Assessments.

3. Close the Public Hearing and direct the Fire Chief or his designee to abate weeds, rubbish, or refuse on vacant property.

BACKGROUND

On March 5, 2024, the City Council approved Resolution R-16-24 declaring weeds, rubbish, and trash a public nuisance and subject to abatement in accordance with the City standards.

1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
Public Hearing - Weed Abatement Statement of Expenses/Opening Year-Round Weed Abatement
August 20, 2024

Page 2 ends

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

Additionally, on August 6, 2024, the Council adopted Resolution R-82-24, transitioning to a year-round weed abatement program requiring us to conduct a public hearing for property owners who wish to protest the abatement of weeds on their property.

ISSUES/ANALYSIS

Abatement has been completed on approximately 83 parcels. As a courtesy, invoices have been sent out, giving the property owners the opportunity to pay the City directly, forgoing placement on the Tax Rolls. At this time, staff has processed a few payments on parcels. Should payments be received for any abatement done, those parcels will be removed from the tax rolls.

City Council is needed to ratify Resolution R -73-24 and direct a certified copy to be filed with the County Assessor’s Office.

FISCAL IMPACTS

Approximately 83 parcels have been abated to date resulting in the assessment of approxim ately $70,192.00 in administrative fees, in addition to the contractor’s fees of $30,985.00. Any amounts not collected through the invoice process will be sent to the S.B. County Assessor’s Office for inclusion on the Tax Rolls.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Weed Abatement Report of Costs 2024

2. RESOLUTION NO. R-73-24

1.1 Packet Pg. 9
APN Contractor Fees Admin Fee Total Fee
016302226 198.00$ 856.00$ 1,054.00$ 016302227 550.00$ 856.00$ 1,406.00$ 016304144 180.00$ 856.00$ 1,036.00$ 016306515 170.00$ 856.00$ 1,026.00$ 016306516 232.00$ 856.00$ 1,088.00$ 016307112 170.00$ 856.00$ 1,026.00$ 016307113 170.00$ 856.00$ 1,026.00$ 016307121 140.00$ 856.00$ 996.00$ 016307431 247.00$ 856.00$ 1,103.00$ 016308108 170.00$ 856.00$ 1,026.00$ 016308606 170.00$ 856.00$ 1,026.00$ 016311103 170.00$ 856.00$ 1,026.00$ 016311104 170.00$ 856.00$ 1,026.00$ 016311222 170.00$ 856.00$ 1,026.00$ 016311223 170.00$ 856.00$ 1,026.00$ 016311401 365.00$ 856.00$ 1,221.00$ 016311406 213.00$ 856.00$ 1,069.00$ 016311608 383.00$ 856.00$ 1,239.00$ 016313301 170.00$ 856.00$ 1,026.00$ 016313302 230.00$ 856.00$ 1,086.00$ 016313435 195.00$ 856.00$ 1,051.00$ 016314118 3,330.00$ 856.00$ 4,186.00$ 016314119 1,160.00$ 856.00$ 2,016.00$ 016316122 1,450.00$ 856.00$ 2,306.00$ 016317123 255.00$ 856.00$ 1,111.00$ 016317201 1,235.00$ 856.00$ 2,091.00$ 016321105 170.00$ 856.00$ 1,026.00$ 016321229 170.00$ 856.00$ 1,026.00$ 016321230 325.00$ 856.00$ 1,181.00$ 016322126 227.00$ 856.00$ 1,083.00$ 016322127 267.00$ 856.00$ 1,123.00$ 016321125 244.00$ 856.00$ 1,100.00$ 016325201 310.00$ 856.00$ 1,166.00$ 016325226 390.00$ 856.00$ 1,246.00$ 016335120 425.00$ 856.00$ 1,281.00$ 016335125 268.00$ 856.00$ 1,124.00$ 016338113 1,367.00$ 856.00$ 2,223.00$ 016228136 301.00$ 856.00$ 1,157.00$ 016212417 170.00$ 856.00$ 1,026.00$ 016228114 130.00$ 856.00$ 986.00$ 016228157 865.00$ 856.00$ 1,721.00$ 016228138 285.00$ 856.00$ 1,141.00$ 016220301 170.00$ 856.00$ 1,026.00$ 016408113 137.00$ 856.00$ 993.00$ 016408112 152.00$ 856.00$ 1,008.00$ 016416115 207.00$ 856.00$ 1,063.00$

1.1.a
Packet Pg. 10
Attachment: Weed Abatement Report of Costs 2024 (4631 : Public Hearing - Weed Abatement Statement of Expenses/Opening Year-Round APN Contractor Fees Admin Fee Total Fee
016420246 378.00$ 856.00$ 1,234.00$ 016430114 170.00$ 856.00$ 1,026.00$ 025405169 535.00$ 856.00$ 1,391.00$ 027508101 973.00$ 856.00$ 1,829.00$ 027612120 770.00$ 856.00$ 1,626.00$ 027655104 885.00$ 856.00$ 1,741.00$ 027650104 950.00$ 856.00$ 1,806.00$ 027649104 210.00$ 856.00$ 1,066.00$ 028233103 269.00$ 856.00$ 1,125.00$ 028232102 296.00$ 856.00$ 1,152.00$ 028462108 212.00$ 856.00$ 1,068.00$ 028421138 170.00$ 856.00$ 1,026.00$ 028421110 340.00$ 856.00$ 1,196.00$ 028221168 85.00$ 856.00$ 941.00$ 117834104 170.00$ 856.00$ 1,026.00$ 117828130 268.00$ 856.00$ 1,124.00$ 117827139 255.00$ 856.00$ 1,111.00$ 117834105 170.00$ 856.00$ 1,026.00$ 117834112 213.00$ 856.00$ 1,069.00$ 117834103 170.00$ 856.00$ 1,026.00$ 117828132 85.00$ 856.00$ 941.00$ 116711104 865.00$ 856.00$ 1,721.00$ 116702122 1,381.00$ 856.00$ 2,237.00$ 016001239 285.00$ 856.00$ 1,141.00$ 016007120 245.00$ 856.00$ 1,101.00$ 016034121 170.00$ 856.00$ 1,026.00$ 016025109 85.00$ 856.00$ 941.00$ 016026402 180.00$ 856.00$ 1,036.00$ 16025119 170.00$ 856.00$ 1,026.00$ 016026401 242.00$ 856.00$ 1,098.00$ 016026116 210.00$ 856.00$ 1,066.00$ 016019137 255.00$ 856.00$ 1,111.00$ 016008112 170.00$ 856.00$ 1,026.00$ 016008114 170.00$ 856.00$ 1,026.00$ 016023119 170.00$ 856.00$ 1,026.00$ 015025504 170.00$ 856.00$ 1,026.00$ Total: 30,985.00$ 70,192.00$ 101,177.00$

1.1.a
Packet Pg. 11
Attachment: Weed Abatement Report of Costs 2024 (4631 : Public Hearing - Weed Abatement Statement of Expenses/Opening Year-Round APN Contractor Fees Admin Fee Total Fee

1.1.a
Packet Pg. 12
Attachment: Weed Abatement Report of Costs 2024 (4631 : Public Hearing - Weed Abatement Statement of Expenses/Opening Year-Round 1 2
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RESOLUTION NO. R-73-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

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

AND IMPOSING A LIEN UPON PROPERTY FOR PAYMENT

THEREOF

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

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

SECTION 1: That the staff report, and statement of expenses attached hereto as Exhibit A and incorporated herein by reference as submitted to the City Council, together with objections and protests, is hereby confirmed and adopted as amended; and SECTION 2: That the cost of the abatement work done or caused to be done by the City shall be paid by August 19, 2024; and
SECTION 3: That if said costs are not paid by August 19, 2024, they shall constitute a lien upon the real property against which the nuisance was abated and shall be collected either by a personal civil suit against the person creating, causing, or permitting the nuisance or by a special assessment against the real property; and SECTION 4: That the City Clerk shall file a certified copy of this Resolution and report and statement of expenses with the San Bernardino County Auditor, Assessor and Tax Collector, and shall direct the auditor to enter the amounts of the charges contained in the report and statement of expenses against the real property described in the report and statement of expense; and

1.1.b
Packet Pg. 13
Attachment: RESOLUTION NO. R-73-24 (4631 : Public Hearing - Weed Abatement Statement of Expenses/Opening Year-Round Weed 1 2
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RVPUB\MXM\666167.1 - 2 -

SECTION 5 : That the amount of the charges shall constitute a lien against the real property against which the charges have been imposed; and SECTION 6: That the Tax Collector shall include the amount of the charges on the bills for taxes levied against said real property and the same shall be collected in the same manner together with th e general taxes for the City of Colton and shall be subject to the same penalties and interest.

PASSED, APPROVED AND ADOPTED this 20th day of August 2024.

______
FRANK NAVARRO, Mayor

ATTEST:

_______
STEPHANIE VARGAS, Deputy City Clerk

1.1.b
Packet Pg. 14
Attachment: RESOLUTION NO. R-73-24 (4631 : Public Hearing - Weed Abatement Statement of Expenses/Opening Year-Round Weed

ITEM NO. 2

STAFF REPORT

DATE: AUGUST 20, 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 RESOLUTION TO APPROVE THE SIGN

REVIEW FOR MURAL ON A SIX FOOT HIGH PAINTED BLOCK
WALL LOCATED BEHIND SIDEWALK TO READ "SOUTH
COLTON" MEASURING 5-FEET IN HEIGHT BY 20-FEET IN
LENGTH AT 165 EAST "O" STREET, RESOLUTION NO. R-85-24.

CEQA DETERMINATION: STAFF ANALYZED THE PROPOSED

PROJECT FOR CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) COMPLIANCE, AND HAS DETERMINED THE PROPOSED
PROJECT IS EXEMPT UNDER CEQA, SECTION 15301 (EXISTING
FACILITIES), CLASS 1.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve Resolution No. R-85-24 of the City Council of the City of Colton Approving Mural at 165 East “O” Street Entitled “South Colton” as part of the City Sign Review of the City Sign Code (File Index: SGNRW24-0003).

BACKGROUND

Mr. Eugene Valdez, applicant/property owner , has provided a detailed description of a small artist rendition of a proposed mural to be painted on a portion of the six -foot block wall that is presently painted black. (Attachment 1) The specific artist has not been selected for the propose d mural project. In the description, the applicant states that “ The motivation behind The South Colton Mural is to encourage and establish community involvement while honoring legacy business from the community.” He further states, “This mural will help to establish an inventory of historical brands and logos which have been significant (but not yet designated) in our city.

The South Colton Mural will also help to deter graffiti in the area while beautifying the 2 Packet Pg. 15
Staff Report to the Mayor and City Council
Sign Review - Mural at 165 East "O" Street
August 20, 2024

Page 2 ends

parkways. This concept has been proven to work in cities like San Diego, Riverside, Los Angeles, Pomona and Long Beach.”

Title 18 (Zoning Code), Section 18.50.060 (Exempt Signs) T. states that “Murals, subject to approval by the City Council after advisory review by the Planning Commission.”

On July 23, 2024, the Planning Commission held a meeting at which time the proposed mural was reviewed for a recommendation to the City Council . Staff notified the property owners within 1000 feet of the subject site, emailed property owners within the area and posted a copy of the public notice and artist rendition of the proposed mural on the City’s Facebook page. The Planning Commission unanimously recommended City Council approve the mural entitled “South Colton” located on six -foot-high block wall at 165 East “O” Street. There was one recommendation from Vice-Chair Grossich to replace the Nickelodeon logo with a business that is more representative of South Colton. Mr. Valdez is open to this suggestion and has begun communication with community member. Staff has attached a copy of the Planning Commission summary minutes and signed resolution for the project in Attachments 2 and 3.

ISSUES/ANALYSIS

Property Location. In 1928, the Sanborn Maps, a historical map system, shows the area to be occupied by a single-family home. The current property is vacant and not entitled for any use at the present time. The use was owned by the United Mexican Workers Association from 1958 to December 28, 2016. On December 29, 2016, Eugen e Valdez is shown to hold a cquisition of the property according to County of San Bernardino ownership history records.

The County Assessor’s office has the “Use Code” for the property as a “clubhouse,” which is used as information or observation basis only and not as land use appro val. The site has been vacant for several decades and no specific use has been permitted or entitled. The C -2 (General Commercial) Zoning may have been designated in 1959; however, no record of final action by the City Council was located. A zoning map of the 1970s does show the area zoned C -2 at least since 1972. At this time the applicant is not requesting a use approval of the site and this staff report will clearly indicate that no land use approval has been processed or provided to the site by the Colton Planning Division. Staff has, however, met with the applicant to discuss a future application for a Conditional Use Permit for future use on the subject site. The subject matter for this application is related to the proposed Sign Review for the “South Colton” mural proposed on the six-foot high block wall located along the front of the property facing East “O” Street.

Proposed “SOUTH COLTON” Mural. The attached description provided by the applicant includes a detailed explanation of the murals m eaning and overall concept behind the idea of the “South Colton” mural for the block wall at 165 East O Street. On the following page, staff has a photograph of the general location of where the applicant would like to paint the mural and general dimension in feet.

2 Packet Pg. 16
Staff Report to the Mayor and City Council
Sign Review - Mural at 165 East "O" Street
August 20, 2024

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In red below is the general location of the proposed mural to be painted measuring five feet in height by 20 feet in width.

The mural’s artist rendering is below and simulation of what the mural may look like on the existing wall.

Sign Measures: 5’ x 20’
Honors:
 Colton High School
 Four Palm Trees – Planted at Unity
Fountain
 Boxing Gloves
 “El Patio”
 Veterans Park Eagle
 Casa Valdez
 Nickelodeon Pizza
 Low Rider
 Honor of Families and Annual Parage
Staging Area
 Sign would provide are for future photo
opportunities

Existing Wall – Painted Black from East O Street

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Staff Report to the Mayor and City Council
Sign Review - Mural at 165 East "O" Street
August 20, 2024

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Street Improvements and Existing Block Wall. “O” Street is a local street with 66 feet right - of-way width broken down to two 17 feet street lanes traveling in an east to west direction.

From the curb face north there is 16 feet to the edge of the City right of way consisting of a five feet sidewalk and an 11 feet landscaped area. In the picture from the previous page that is a general idea as to the dimension of the ar ea between the face of curb to the existing wall. The wall is painted black and is approximately six feet in height. Staff did not find a permit for the front yard wall, but a six -foot wall is permitted within the C -2 (General Commercial) Zone.

Aerial records show that the wall did existing at least since and possibly before 2002, which is over 22 years ago. While the street is generally maintained, staff suggest s a condition of approval for the applicant to maintain and upkeep of the existing public l andscape area fronting 180 feet of the street frontage of the subject property (Condition #13). If new landscaping is necessary to follow the drought resistant landscaping theme presently existing within the landscaped area of the area fronting the property.

Public Notice. While not required, staff mailed public notices English/Spanish of the proposed Sign Review for the proposed mural to over 300 property owners in the local neighborhood. In addition, public notice of the Sign Review in both English/Sp anish was published in City Social Media which is Facebook. Staff also sent emails to various South Colton residents, San Salvador Church from previous meetings related to other projects processed in South Colton neighborhoods.

Artist. The applicant is keeping an open mind in commissioning the mural to a local artist or possibly making it a project for a school art project under supervision of a professional school artist instructor. No specific artist has been provided as part of implementing the mural project.

Therefore, staff is recommending an additional condition for the applicant to provide the City of Colton Development Services Director selection of Artist(s) or Program for the installation of the “South Colton” mural project, subject to review and approval by the Development Services Director (Condition No. 16 ).

Paint/Maintenance/Upkeep/Other. Staff ha s requested information about the details of the paint application, maintenance and upkeep, but have not received details. Staff also suggests the following conditions as related to paint/maintenance/upkeep/other. The draft City Council Resolution R-85-24 is in Attachment 4 of this staff report:

 Staff recommends a condition of approval for the applicant to be responsible for the design, inst allation, operation, upkeep & maintenance, and removal of the wall mural (Condition #8)

 Staff recommends a CAPA condition meaning the California Art Preservation Act (CAPA) of 1979, which confers certain rights to artists of works of fine art (original paintings, sculptures, drawings or original works of art in glass, of recognized artistic quality), including, but not limited to, the right to prohibit the intentional commission of any physical defacement, mutilation, alteration, or destruction of a work of fine art by 2 Packet Pg. 18
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any person or entity who possesses or owns the fine art. If such artwork is damaged, the applicant shall be responsible for repair or removal within a reasonable period as deemed necessary by the Development Services Director or designee (Condition #9).

 Staff recommends a condition clarifying the artists - Artist(s): Refers to any artist(s) who contributes to the creation, design, development and/or installation of the Preliminary Works, Final Artwork and/or the Material Object. For the avoidance of doubt the term “Artist(s)” refers to any person, adult, youth, student or minor (Condition #10).

 Staff recommends the entire mural be sealed with B72 acrylic coating or equivalent coating (subject to city approval) which will preserve the mural (Condition #11).

 Since the applicant is open to allowing pictures to be taken of the mural by the public staff recommends a condition of approval related to Copyright Ownership: Means the owner of all Copyright Ownership : Means the owner of all Copyright interests in the work, as defined and enforced under the U.S. Copyright Act of 1976, to whom the law grants specific and exclusive rights to do and authorize any of the following: 1) to reproduce and make copies of the work; 2) to prepare derivative works based on the work; 3) to sell or distribute copies of the work to the public or other transfer of ownership, or by rental, lease, or lending; 4) to display the work publicly; 5) to perform the work publicly; and 6) to enforce the work against unauthorized use (Condition #12).

 Staff recommends a condition of approval for the applicant to obtain a traffic plan approval / permit if the front of the property is going to require a portion of the street/sidewalk to be closed, subject to review and approval by t he City Engineer or designee (Condition #25).

Environmental Determination. Pursuant to the California Environmental Quality Act (“CEQA”), the project is categorically exempt under Article 5, Section 15301 (Existing Facilities) consists of a variety of operation, repair, maintenance, permitting, or minor alternation of existing private structures involving negligible or no expansion of existing or former use; therefore, the proposed on -site proposed mural sign review proposed to be painted on existing painted block wall falls within this CEQA exemption category.

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT
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August 20, 2024

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1. Attachment 1_SOUTH COLTON MURAL Description English-Spanish

2. Attachment 2_07-23-24_PC Agenda Meeting Minutes_Final Draft

3. Attachment 3_R-18-24_SGNRW24-003_165 East O Street_Final

4. Attachment 4_City Council Resolution R-85-24_DRAFT
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SOUTH COLTON MURAL DESCRIPTION

The motivation behind The South Colton Mural is to encourage and establish community involvement while honoring legacy business from the community.

This mural will help to establish an inventory of historical brands and logos which have been significant (but not yet designated) in our city. The South Colton Mural will also help to deter graffiti in the area while beautifying the parkways. This concept has been proven to work in cities like San Diego, Riverside, Los Angeles, Pomona and Long Beach.

The South Colton Mural will honor the following:

The Colton High School logo which has been the only High School in Colton’s long history and has appeared throughout the City of Colton for decades
Four (4) Palm Trees which are planted at Colton’s “Unity Fountain” and have been standing for 50 + years
Railroad Tracks that pay tribute to the city’s long “Train Town USA” theme Boxing Gloves to acknowledge the history of Colton’s past Council Men and Mayors starting and participating in boxing events within the city. “El Patio” tribute is to identify the social environment that the community created to combat the systemic racism that prohibited them from socializing north of the railroad tracks.

Veterans Park Eagle acknowledges The South Colton Corridors only park that has been home to several little league teams and a meeting place for community members.

Casa Valdez logo will identify the cities first and only Black Seminole owned business and the funding source for the South Colton Mural.

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Attachment: Attachment 1_SOUTH COLTON MURAL Description English-Spanish (4632 : Sign Review - Mural at 165 East "O" Street) Nickelodeon Pizza logo pays tribute to one of the city’s longest standing businesses that has contributed to several non-profit organizations and youth sports teams throughout its history.

The Low Rider depicted in the mural is to shine a light on the communities long standing Chicano Car Culture that is still present and thriving today.

The family portrayed on the corner of 8th and O Street along with the 100 Block “O” Street, recognizes the family values and the starting and staging point of all city sanctioned Colton Parades. This addition would make for great photo opportunities.

The major difference between this mural project and past city murals is that The South Colton Diversity Committee will entirely fund and maintain the art work while also informing the community of its significance.

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Attachment: Attachment 1_SOUTH COLTON MURAL Description English-Spanish (4632 : Sign Review - Mural at 165 East "O" Street) DESCRIPCIÓN DEL MURAL DE COLTON DEL SUR

La motivación detrás del Mural de South Colton es fomentar y establecer la participación de la comunidad y al mismo tiempo honrar los negocios heredados de la comunidad.

Este mural ayudará a establecer un inventario de marcas y logotipos históricos que han sido importantes (pero aún no designados) en nuestra ciudad. El Mural de South Colton también ayudará a disuadir el graffiti en el área y al mismo tiempo embellecerá las avenidas. Se ha demostrado que este concepto funciona en ciudades como San Diego, Riverside, Los Ángeles, Pomona y Long Beach.

El Mural de South Colton honrará lo siguiente:

El logotipo de Colton High School, que ha sido la única escuela secundaria en la larga historia de Colton y ha aparecido en toda la ciudad de Colton durante décadas.

Cuatro (4) palmeras plantadas en la "Fuente de la Unidad" de Colton y que han estado en pie durante más de 50 años.

Vías del ferrocarril que rinden homenaje al largo tema de la ciudad “Train Town USA” Guantes de boxeo para reconocer la historia de los antiguos concejales y alcaldes de Colton que comenzaron y participaron en eventos de boxeo dentro de la ciudad.

Homenaje a “El Patio” es identificar el ambiente social que la comunidad creó para combatir el racismo sistémico que les prohibía socializar al norte de las vías del ferrocarril.

Veterans Park Eagle reconoce el único parque de South Colton Corridors que ha sido hogar de varios equipos de ligas menores y un lugar de reunión para miembros de la comunidad.

El logotipo de Casa Valdez identificará el primer y único negocio propiedad de Black Seminole de la ciudad y la fuente de financiación para el Mural de South Colton.

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Attachment: Attachment 1_SOUTH COLTON MURAL Description English-Spanish (4632 : Sign Review - Mural at 165 East "O" Street) El logotipo de Nickelodeon Pizza rinde homenaje a uno de los negocios más antiguos de la ciudad que ha contribuido a varias organizaciones sin fines de lucro y equipos deportivos juveniles a lo largo de su historia.

El Low Rider representado en el mural pretende arrojar luz sobre la antigua cultura del automóvil chicano de la comunidad que todavía está presente y próspera en la actualidad.

La familia retratada en la esquina de 8th y O Street junto con 100 Block “O” Street, reconoce los valores familiares y el punto de partida y puesta en escena de todos los Colton Parades autorizados por la ciudad. Esta adición brindaría excelentes oportunidades para tomar fotografías.

La principal diferencia entre este proyecto de mural y los murales anteriores de la ciudad es que el Comité de Diversidad de South Colton financiará y mantendrá por completo la obra de arte y al mismo tiempo informará a la comunidad sobre su importancia.

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Attachment: Attachment 1_SOUTH COLTON MURAL Description English-Spanish (4632 : Sign Review - Mural at 165 East "O" Street)

CITY OF COLTON

PLANNING COMMISSION AGENDA

MEETING MINUTES

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

A. CALL TO ORDER at 5:30 pm

B. ROLL CALL

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

Commissioners Absent:

None

Staff Present:

Heidi Duron, Development Services Director
William Priest, City Attorey
Mario Suarez, Planning Manager
David Alvarez, Senior Planner
Steve Gonzales, Associate Planner
Moises Peralta, Associate Engineer
Daniel Lunt, Sergant

C. PLEDGE OF ALLEGIANCE Led by Commissioner Dr. Peters

D. APPROVAL OF MEETING MINUTES FOR

June 25, 2024, Draft Planning Commission Minutes
Commission Member Baden correction under Commission Comments for Baden – Guard rail damaged at Barton Road and Terrace Avenue not Grand Terrace Road and Grand Drive.

Vice Chair Grossich correction to signage at Washington and Meadow Lane should be Washington and M Street.

Motion and second by Commissioner__Baden__________ / Commissioner____Grossich______ Roll Call vote: Ayes: 4 Noes: Absent: 1 (Peters) Abstain:

Commissioners:

Richard Prieto, District 1

Adrianna Escarcega, District 2

Letitia Baden, District 3

Dr. Eric Peters, District 4

Gary Grossich, At Large

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E. PUBLIC COMMENTS:

Richard Holms – US Auto Auctions – concerns about the grading issues to follow-up/Photographs provided.

F. BUSINESS ITEM

1. FILE INDEX NO.: SGNRW24-0003 SIGN REVIEW OF MURAL

APPLICANT: Eugene Valdez

PROPERTY OWNER: Eugene Valdez

PROPERTY LOCATION: 165 East “O” Street

ASSESSORS PARCEL NO.: 0163-122-18

REQUEST: A request for a Sign Review for a proposed mural on an existing front yard six- foot- high painted block wall located behind sidewalk measuring five feet in height by 20 feet in length reading “South Colton.” The applicant’s motivation behind the sign is to encourage and establish community involvement while honoring legacy business from the community.

ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (“CEQA”), the project is categorically exempt under Article 5, Section 15301 (Existing Facilities) consists of a variety of operation, repair, maintenance, permitting, or minor alternation of existing private structures involving negligible or no expansion of existing or former use; therefore, the proposed on-site proposed mural sign review proposed to be painted on existing painted block wall falls within this CEQA exemption category.

Presented by: Mario Suarez, Planning Manager

STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council adoption of Resolution No. R-18-24:

RESOLUTION NO. R- 18-24 - A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF COLTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF MURAL AT 165 EAST “O” STREET ENTITLED “SOUTH COLTON” AS PART OF THE CITY SIGN REVIEW AS PART OF THE CITY SIGN CODE (FILE INDEX: SGNRW24 - 0003).

PUBLIC COMMENTS:

Candy Vasquez – supports the mural design, suggestion Dove for La Palma as a replacement logo.

Veronica Gonzales – supports the mural design and likes Dove idea instead of Nickelodeon Logo and suggested getting a local artist from the neighborhood to reduce future tagging of the art work.

Deiter Crawford – Urban Palm Springs consulting (Specializing in Community Engagement and Advocacy) in support of the mural.

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Eugen Valdez – provided a brief presentation as applicant for mural proposal.

Vice Chair Grossich noted and thanked the applicant for thinking of Nickelodeon Pizza, but suggested replacing his logo with a business located in South Colton. The applicant responded in being open to a replacement logo as suggested by the Commission.

COMMISSION ACTION
Motion and second by Commissioner Grossich / Commissioner Escarcega Roll Call vote: Ayes: 5 Noes: 0 Absent: 0 Abstain: 0

G. PUBLIC HEARING

1. FILE INDEX NUMBER: DAP-001-805 ORANGE COAST PETROLEUM

APPLICANT: Orange Coast Petroleum, David Hoferer, General Manager

PROPERTY OWNER: RMMC Land Co.

PROPERTY LOCATION: 2100 Key Street

ASSESSORS PARCEL MAP NUMBERS: 0277-391-01, 02

REQUEST: Modification of Conditional Use Permit (DAP -000-498) and Architectural & Site Plan Review to allow for the legalization of two (2) existing 20,000 gallon above ground diesel fuel tanks and a 4,575 square foot covered storage/loading dock area for an existing fuel distribution facility on lot measuring approximately 40,040 square feet and Zoned M-1 (Light Industrial).

ENVIRONMENTAL DETERMINATION: Categorical Exemption. Pursuant to CEQA Guidelines Section 15301 Class 1 – Existing Facilities. This section pertains to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, and mechanical equipment involving negligible or no expansion of existing or former use.

Presented by: Mario Suarez, Planning Manager

STAFF RECOMMENDATION: Staff recommends that the Planning Commission open public hearing and continue this item from July 23, 2024 Planning Commission meeting to September 10, 2024 Planning Commission meeting to allow for adequate time for a complete review of the project plans and code compliance concerns.

PUBLIC COMMENTS:

None

COMMISSION ACTION
Motion and second by Commissioner Baden / Commissioner Dr. Peters

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

Vice Chair Grosich stepped out of the City Council Chambers due to conflict of interest of Item G-2.

2. FILE INDEX NUMBER : DAP24-005 ARMADA TOWING

APPLICANT: Michael Armada, Armada Towing

PROPERTY OWNER: Michael F. Armada and Elizabeth Armada

PROPERTY LOCATION: 280 Fogg Street

ASSESSORS PARCEL MAP NUMBERS: 0163-301-04, 05, 06, 07, 08, 09

REQUEST: A request for a 1) Zoning Text Amendment to allow an Automobile Impound Yard (Tow Yard) within the M -1 (Light Industrial) Zone with a Conditional Use Permit, 2) Conditional Use Permit to allow an automobile impound yard (Tow Yard) and 3) Architectural and Site Plan Review to allow a new 2,400 square -foot building with 33,000 square feet of outdoor storage area and site improvements throughout the project site l ocated in the M -1 (Light Industrial) / Sensitive Development Area Overlay (SDA) Zone, and Parcel Map to merge six lots into three on a site measuring approximately 1.2 acres in area.

ENVIRONMENTAL DETERMINATION: As related to Conditional Use Permit, Architectural and Site Plan Review and Parcel Map - Categorical Exemption. Class 3. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is exempt from CEQA pursuant to CEQA Section 15303 (c) (New Construction or Conversion of Small Structures), up to four (4) commercial buildings not exceeding 10,000 square feet.

As related to the Zoning Ordinance Text Amendment - California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and Sections 15060(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments propose regulatory and administrative amendments to the zoning code. Additional environmental review will be conducted on projects that are affected by these changes.

Presented by: David Alvarez, Senior Planner

STAFF RECOMMENDATION. Staff recommends that the Planning Commission approve the requested Minor Conditional Use Permit , subject to conditions, through the adoption of the draft Resolution No. R-15-24 and R-16-24 titled:

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RESOLUTION NO. R- 15-24 - A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF COLTON RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND SECTION CHAPTER 18.06 OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE RELATED TO PERMITTED USES WITHIN THE M -1 (LIGHT INDUSTRIAL) ZONE (FILE INDEX NO. DAP24-0005).

RESOLUTION NO. R- 16-24 - A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF COLTON ADOPTING CONDITIONAL USE PERMIT (CUP) TO OPERATE

AN AUTOMOBILE IMPOUND YARD (TOW YARD) BUSINESS AND ARCHITECTURAL

AND SITE PLAN REVIEW FOR SITE IMPROVEMENTS IN A VACANT LOT MEASURING APPROXIMATELY 1.2 ACRES IN AREA LOCATED IN THE M -1 (LIGHT INDUSTRIAL) / SENSITIVE DEVELOPMENT AREA OVERLAY ZONE. (FILE INDEX NO:

DAP24-0005).

PUBLIC COMMENTS:

Richard Holmes – concerns with current tow yard operations questions about will there be street parking.

Elizabeth Armada, Applicant Representative/Owner - 24 years in San Bardino and 16 years in Fontana. The company is involved with local schools and charities in the communities they do business in and owners are involved in the daily operations of the business. The company pays about $36,000.00 to $38,000.00 in taxes each year.

COMMISSION ACTION
Motion and second by Commissioner Dr. Peters / Commissioner Escarcega as modified and presented by staff and as recommended by the City Attorney including recommending proposed Zoning Ordinance Text Amendment to the City Council.

Roll Call vote: Ayes: 3 Noes: 1 (Baden) Absent: 1 (Grossich) Abstain: O

Vice Chair Grossich invited back to the City Council Chambers.

H. DIRECTOR’S REMARKS/REVIEW OF CITY COUNCIL AGENDAS
• Colton Birthday Celebration.
• July 16, 2024 City Council Meeting – contracts approved for efforts on rezoning for Housing Element Compliance.
• Asked the Commission for any recommendations on Planning Commission training. • Vehicle Miles Traveled (VMT) Training by Fred Minagar to be scheduled in August 2024.

I. COMMISSION COMMENTS

COMMISSIONER RICHARD PRIETO
• Questions about conditions of approval timing and compliance with staff. • Asked about when electrical power is provided to a property? • Asked about the status of the Car Wash and P&G Burger Project? Concerns about the alcohol license timing/operation and asked staff to check on it.

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• Asked about the status of the construction of the bridge at Barton Road and South La Cadena Drive?
• Giving the community a coyote warning as the coyoty packs are out again.

COMMISSIONER ADRIANNA ESCARCEGA
• Thanks for efforts on cleanup of brush and trash off of Washington Street. • Missed birthday celebration as it is a great celebration of the City.

COMMISSIONER LETITIA BADEN
• Could not attend birthday celebration, disappointed. Wonderful community celebration. • Thanked Moises Peralta, Public Works on guard rail repair off of Terrace Ave./Barton Road. • Thanked staff for their work and informing the Commission on upcoming projects.

COMMISSIONER DR. ERIC PETERS
• Looking forward to next Reche Canyon Traffic Committee meeting.

COMMISSIONER GARY GROSSICH
• Bring items forward related to: Fee structure for penalties and collection of business license fees when operating after several years (3 to 10 years) on illegal business to deter this type of activity in the City; Fee fee or public benefit for truck parking and trailer storage uses to compensate the City for impacts to City streets (City of Perris may have a fee) • Asked about access to / from Vivienda Avenue to and onto South La Cadena Drive. Why is this road area being blocked off?

J. ADJOURNMENT

Motion to adjourn by Commissioner Baden
Meeting adjourned at 7:17 pm

Next Scheduled Meeting: Tuesday, August 13, 2024

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

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

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

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RESOLUTION NO. R-18-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

COLTON RECOMMENDING THE CITY COUNCIL APPROVAL OF
MURAL AT 165 EAST "0" STREET ENTITLED "SOUTH COLTON" AS

PART OF THE CITY SIGN REVIEW AS PART OF THE CITY SIGN
CODE (FILE INDEX: SGNRW24-0003).

WHEREAS, an application was filed by Eugene Valdez, for a Sign Review to allow a sign mural entitled "SOUTH COLTON" on a six-foot-high block wall on property measuring 0.62 acres located at 165 E. "O" Street and zoned C-2 (General Commercial); and WHEREAS, on July 23, 2024, the City of Colton Planning Commission conducted a duly noticed public hearing on the Application and all persons wishing to testify in connection with the proposed Application were heard, and the Application was comprehensively reviewed; and WHEREAS, The Planning Commission of the City of Colton, in accordance with the California Environmental Quality Act, has determined the proposed project pursuant to the California Environmental Quality Act ("CEQA ) Exempt under CEQA, Section 15301 (Existing Facilities) Class l. consists of a variety of operation, repair, maintenance, permitting, or minor alternation of existing private structures involving negligible or no expansion of existing or former use; therefore, the proposed on-site proposed mural sign review proposed to be painted on existing painted block wall falls within this CEQA exemption category.

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

BE IT NOW THEREFORE RESOLVED AS FOLLOWS:

SECTION 1. Based on the entire record before the Planning Commission and all written and oral evidence presented, and the findings made in this resolution, the Planning Commission hereby finds for this Sign Review that:

1. The proposed Sign Review is consistent with the goals, objectives, purposes and provisions of the General Plan, and Zoning Code; in that the project Goal LU-7: Provide opportunities for all neighborhoods in Colton to be a healthy and attractive physical condition; in that, the proposed sign review allows for a mural that is representative of South Colton and its location is found to be appropriate and subject to conditions of approval contained in this resolution herein addressing mural paint, maintenance, design, upkeep and other areas.

Policy LU-9.4: Maintain the integrity and appearance of commercial properties by streamlining and simplifying the application process for new businesses occupancies and by encouraging updating of the visual appearance of a property whenever possible; in that, the proposed mural is representative of the South Colton neighborhood and public input was solicited for public comment about the mural making effort to incorporate conditions of approval and address comments from the public.

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Colton Planning Commission Resolution No. R-18-24

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

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

ABSENT:

ABSTAIN:
,µ.,,,,_..,,.., Commission Seer tary
1 Duron, Development Services Director
- 3 -

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RESOLUTION NO. R-85-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
APPROVING SIGN REVIEW FOR MURAL AT 165 EAST “O” STREET
ENTITLED “SOUTH COLTON” (FILE INDEX: SGNRW24-003).

WHEREAS, an application was filed by Eugene Valdez, for a Sign Review to allow a sign mural entitled “SOUTH COLTON” on a six-foot-high block wall on property measuring 0.62 acres located at 165 E. “O” Street and zoned C-2 (General Commercial) (APN: 0163-122-18); and

WHEREAS, on July 23, 2024, the City of Colton Planning Commission conducted a duly noticed public hearing on the Application and all persons wishing to testify in connection with the proposed Application were heard, and the Application was comprehensively reviewed for a recommendation to the City Council; and

WHEREAS, on August 20, 2024, the City of Colton City Council conducted a duly noticed public hearing on the Application and all persons wishing to testify in connection with the proposed Application were heard, and the Application was comprehensively reviewed; and

WHEREAS, The City Council of the City of Colton, in accordance with the California Environmental Quality Act, has determined the proposed project pursuant to the California Environmental Quality Act (“CEQA”), Exempt under CEQA, Section 15301 (Existing Facilities), Class 1. consists of a variety of operation, repair, maintenance, permitting, or minor alternation of existing private structures involving negligible or no expansion of existing or former use; therefore, the proposed on-site proposed mural sign review proposed to be painted on existing painted block wall falls within this CEQA exemption category.
.

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

BE IT NOW THEREFORE RESOLVED AS FOLLOWS:

SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, and the findings made in this resolution, the City Council hereby finds for this Sign Review that:

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and public input was solicited for public comment about the mural making effort to incorporate conditions of approval and address comments from the public.

Policy LU-18-2: Encourage and facilitate property maintenance and rehabilitation to improve neighborhood conditions; in that, the mural will represent an Artist perspective of South Colton with the intension to uplift and give pride within the neighborhood and its surrounding businesses, high school and other entities represented in the mural.

2. The proposed Sign Review would not result in a threat to the general health, safety and welfare of City residents ; in that the Sign Review is only for the mural and not for any use on the property which is dealt with separately. The mural is conditioned in Exhibit “A: of this resolution herein as recommended for the City Council to consider.

SECTION 2. The City Council of the City of Colton, in accordance with the California Environmental Quality Act, has determined the proposed project pursuant to the California Environmental Quality Act (“CEQA”), Exempt under CEQA, Section 15301 (Existing Facilities), Class 1. consists of a variety of operation, repair, maintenance, permitting, or minor alternation of existing private structures involving negligible or no expansion of existing or former use; therefore, the proposed on-site proposed mural sign review proposed to be painted on existing painted block wall falls within this CEQA exemption category

SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council hereby approves Sign Review SGNRW24-003 recommendation to the City Council, subject to the attached conditions of approval (Exhibit “A”).

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

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

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

FRANK NAVARRO, Mayor

ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

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EXHIBIT “A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE FOLLOWING CONDITIONS OF APPROVAL FOR PLANNING CASE # SGNRW24-0003.

HOLD HARMLESS

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

PLANNING DIVISION

2. This approval is for Sign Review to allow a sign mural entitled “SOUTH COLTON” on a six-foot-high block wall on property measuring 0.62 acres located at 165 E. “O” Street and zoned C-2 (General Commercial) .

3. This approval shall be ineffective unless the applicant signs an ‘Acknow ledgment of Conditions” form and the executed form is received by the Development Services Department.

4. Conditions imposed on prior approvals at the site shall remain in effect, except as specifically amended or superseded by these conditions.

5. Any requests for modifications, including any deviation from the approved plans and/or conditions of approval, shall be submitted to the Development Services Director for review, prior to implementation of the modification. Significant deviations from the approved plans or conditions of approval shall be subject to review and approval by the Planning Commission. The applicant requesting the modification shall supply information deemed necessary by the Director and/or Commission to make a determination.

6. The Sign Review is for approval of a mural only and not any uses of land at 165 East “O” Street (APN: 0163-122-18).

7. The following signs shall be allowed:

a. One (1) new 5-feet high by 20-feet wide mural.
b. Sign shall be in substantial conformance with the sign rendering presented with the Sign Review application form.

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8. The applicant to be responsible for the design, installation, operation, upkeep & maintenance, and removal of the wall mural.

9. The applicant agrees with CAPA as related to this sign. Meaning the Californi a Art Preservation Act (CAPA) of 1979, which confers certain rights to artists of works of fine art (original paintings, sculptures, drawings or original works of art in glass, of recognized artistic quality), including, but not limited to, the right to pr ohibit the intentional commission of any physical defacement, mutilation, alteration, or destruction of a work of fine art by any person or entity who possesses or owns the fine art. If such artwork is damaged, the applicant shall be responsible for repair or removal within a reasonable period as deemed necessary by the Development Services Director or designee or if the applicant or artist fails to do so within a reasonable time period, the City may remove or repair the sign at the applicant’s cost.

10. The applicant agrees to c larification of Artist meaning - Artist(s): Refers to any artist(s) who contributes to the creation, design, development and/or installation of the Preliminary Works, Final Artwork and/or the Material Object. For the avoidance of d oubt the term “Artist(s)” refers to any person, adult, youth, student or minor.

11. The applicant agrees to the e ntire mural be sealed with B72 acrylic coating or equivalent coating (subject to city approval) which will preserve the mural , subject to final ap proval by the Development Services Director or Designee.

12. The applicant agrees to Copyright Ownership: Means the owner of all Copyright Ownership: Means the owner of all Copyright interests in the work, as defined and enforced under the U.S. Copyright Act of 1976, to whom the law grants specific and exclusive rights to do and authorize any of the following: 1) to reproduce and make copies of the work; 2) to prepare derivative works based on the work; 3) to sell or distribute copies of the work to the public or other transfer of ownership, or by rental, lease, or lending; 4) to display the work publicly; 5) to perform the work publicly; and 6) to enforce the work against unauthorized use.

13. The applicant shall be responsible for maintenance and upkeep of the existing street landscape area front 180 feet of the street frontage of the subject property. Any changes or additions to the landscape area will require review and approval by the Publi c Works City Engineer or designee.

14. The applicant shall remove “Fridays” and “7:00 PM” as no business or use is being approved with the subject site; therefore, shall be removed from the mural.

15. The Applicant and/or Property Owner shall comply with all req uirements of all reviewing agencies, including mitigation measures, and shall comply with all applicable local, state, and federal rules, laws and regulations.

16. The applicant shall provide the City of Colton Development Services Director selection of Artist(s) or Program for the installation of the “South Colton” mural project, subject to review and approval by the Development Services Director.

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CODE ENFORCEMENT/POLICE DEPARTMENT

17. Loitering: Loitering is prohibited on or about the premises. No exterior fixtures or furnishings at or adjacent to the location that encourage loitering and nuisance behavior. No exterior pay telephones.

18. Litter/Graffiti: The exterior of the lease areas over which they have control, including all signs and accessory buildings and structures, shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter and debris from the premises and on all abutting sidewalks and parking lots within twenty (20) feet of the premises. Graffiti shall be removed within forty-eight (48) hours with a color-matching paint. The expectation for graffiti cover up is an appearance that the graffiti never existed.

19. The applicant shall grant “right of access” by the city or agent to remove graffiti.

20. Exterior Lighting: All lighting will be maintained in good working order. All lighting shall be shown on the required plot plans. Lighting shall be designed and installed in such a manner that provides adequate lamination to all parking spaces, stalls, walkways, corridors, and stairways, insuring there are no dim, dark, or shadowed areas (other than shadows naturally cast beneath the actual vehicles.) Lighting level will be a minimum footcandles as required by ordinance. The placement of the lighting fixtures shall be such that the angle of projected light does not interfere or hinder the vision of police officers or security personnel patrolling the areas. All lighting will be properly shielded to not trespass or disturb neighboring residences, adjacent businesses, or persons while driving vehicles upon the roadway. In the event a lighting fixture becomes inoperable, property management will have the lighting repaired within 72 hours.

21. Surveillance Monitoring: Should permittee install a video surveillance monitoring system, the video system shall be capable of recording a clear view of all areas of the subject property including, but not limited to, parking lots, walkways, corridors, all sides of buildings, the perimeter landscape and grass areas. Recordings shall be retained for a minimum of 30 days. Copies of recordings will be provided to the Colton Police Department upon request.

22. After hours Contact Information: Permittee will ensure after hours contact person information is kept current and on file with the Colton Police Department dispatch center. Ideally there should be several responsible persons available to respond in case of emergency; each should be a key holder with knowledge of alarm reset codes, available to respond within 20-30 minutes, and of sufficient authority to facilitate a board up or other emergency repair measures.

PUBLIC WORKS

23. the applicant to obtain a traffic plan approval / permit if the front of the property is going to require a portion of the street/sidewalk to be closed/obstructed, subject to review and approval by the City Engineer or designee.

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24. Any work in the Public right-of-way will require an Encroachment Permit for the Public Works Department.

25. Any infrastructure in the public right-of-way shall remove any graffiti before, during, and after construction in accordance with Section § 9.27.190 (E) of the City of Colton Municipal Code.

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ITEM NO. 3

STAFF REPORT

DATE: AUGUST 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 213690 TO 213819 DATED 07/18/2024 AND TOTALING $960,142.38; VOUCHERS NUMBERS
213820 TO 213904 DATED 07/23/2024 AND TOTALING $269,364.78; VOUCHERS NUMBERS 213905 TO 213917 DATED 07/23/2024 AND
TOTALING $4,820.35 AND A PAYROLL DISBURSEMENT LISTING
DATED 06/22/2024 TO 07/05//2024 AND TOTALING $1,185,729.05.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve voucher numbers 213690 to 213819 dated 07/18/2024 and totaling $960,142.38; vouchers numbers 213820 to 213904 dated 07/23/2024 and totaling $269,364.78; vouchers numbers 213905 to 213917 dated 07/23/2024 and totaling $4,820.35 and a payroll disbursement listing dated 06/22/2024 to 07/05//2024 and totaling $1,185,729.05.

BACKGROUND

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

ISSUES/ANALYSIS

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

FISCAL IMPACTS

None.

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ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

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

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ITEM NO. 4

STAFF REPORT

DATE: AUGUST 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO AMEND THE FY 23-24

BUDGET FOR CR&R RESIDENTIAL DISPOSAL SERVICES,
RESOLUTION NO. R-90-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve Resolution R -90-24 (Exhibit A) amending the FY 23-24 Budget in the Solid Waste Fund to increase refus e billing revenues by $315,000 and increase appropriations in the Solid Waste Professional Services Expenditure Account by $292,000 for refuse disposal services.

BACKGROUND

In 2017 CR&R purchased the right to provide municipal solid waste collection ser vices in the City of Colton from Republic Services. The terms and conditions of CR&R Municipal Solid Waste (MSW) service do not change from the original Franchise Agreement with Republic Services.

On December 20, 2022, City Council approved Resolution R -130-22 providing for annual adjustments in CR&R’s refuse collection rates. Pursuant to the Resolution there was a rate adjustment effective January 1, 2023, and another on July 1, 2023.

A second amendment to the agreement with CR&R was approved by City Council on July 16, 2024, that will extend the contract period, freeze residential rates through June 30, 2026, and provide various other updates to services.

ISSUES/ANALYSIS

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Refuse expenditures and revenue exceeded the mid-year budget projections for t his fiscal year.

Additionally, the City had to pay unexpected refuse-related legal fees. However, based on projections of total revenue for the end of the fiscal year, there are sufficient funds to cover the increase in expenditures.

Therefore, staff is hereby requesting approval to increase the appropriation s for Fiscal Year 2023-2024 by $292,000 to pay for CR&R’s June 2024 invoice.

Additionally, the revenue account for refuse billing will exceed its budget by $315,000. Staff is requesting a budget adjustment to reflect the increased revenue.

FISCAL IMPACTS

There are sufficient funds in the Refuse Billing revenue account to cover the requested increase in the expenditure account.

Approval of R-90-23 will amend the FY 2023-2024 budget to:

 Increase appropriations in Solid Waste Fund Professional Services Account Number 523-6150-6163-2350-0000-000 by $292,000.

 Increase revenue budget in Solid Waste Fund Refuse Billing Account Number 523-6717-000 by $315,000.

ENVIRONMENTAL IMPACTS

None.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Resolution R-90-24
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RESOLUTION NO. R-90-24

A RESOLUTION OF THE CITY COUNCIL, AMENDING THE FISCAL
YEAR 2023/2024 BUDGET FOR THE PUBLIC WORKS SOLID WASTE

DIVISION PROFESSIONAL SERVICES EXPENDITURE ACCOUNT BY
292,000 AND THE REFUSE BILLING REVENUE ACCOUNT BY 315,000

WHEREAS, the budget for fiscal year 2023/2024 has been approved by City Council, and must now be amended to increase the appropriation in the Public Works, Solid Waste , Professional Services line item for costs associated with Residential Disposal Services; and, WHEREAS, t he funding will be utilized to pay for CR&R’s June 2024 invoice for Residential Disposal Services by amending the Professional Services Expenditure Account for FY 2023/2024.

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

Section 1 The City Council here by amends the fiscal year 2023/2024 budget appropriation as follows:
 Increase appropriations in Solid Waste Fund Professional Services Account Number 523-6150-6163-2350-0000-000 by $292,000.
 Increase revenu e budget in Solid Waste Fund Refuse Billing Account Number 523-6717-000 by $315,000.

PASSED, ADOPTED AND APPROVED THIS 20TH DAY OF
AUGUST 2024.

______________________________
FRANK J. NAVARRO
Mayor
ATTEST:

_____________________________
STEPHANIE M. VARGAS
Deputy City Clerk

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ITEM NO. 5

STAFF REPORT

DATE: AUGUST 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE SECOND AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT WITH ICF RESOURCES LLC FOR ELECTRIC
ENGINEERING CONSULTING SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the City Manager or Designee to enter into the Second Amendment to Professional Services Agreement with ICF Resources, LLC for Colton Electric Utility (CEU) Engineering Consulting Services.

BACKGROUND

City of Colton published a Request for Proposal (RFP) on March 25 and April 1, 2022, for the Electric Utility Engineering System Support Consulti ng Services to assist City staff on the electric utility system modeling, design and various studies. On the RFP deadline of April 14, 2022, and CMY Solutions, LLC, now ICF Resources, LLC, submitted a proposal to the RFP that was responsive and therefore awarded at the Colton City Council regular meeting on June 21, 2022.

City staff reviewed the qualifications of the submitted proposal and determined ICF has extensive experience in substation design, distribution design, and municipal engineering. In addition, ICF has prior experience in electric utility consulting services with the City and CEU staff has been working closely with ICF on various electrical projects.

ISSUES/ANALYSIS

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Planned and ongoing projects include system impact studies for new deve lopment; fault current analysis; system hardening/resiliency studies; arc -flash studies; capacity studies; protection/coordination studies; and ongoing support as needed to augment staff. An additional amount of $500,000 during Fiscal Year 2024-25 is nece ssary to complete all the engineering support and work needed for the previously mentioned projects in addition to aid in the development of CEU’s Capital Improvement Plan.

Due to an ongoing need for engineering support services, s taff recommends City C ouncil approve a second Amendment to the Professional Services Agreement with ICF for an additional amount not to exceed $500,000 plus ten percent (10%) contingency during the current fiscal year. This amendment will not change the term of the agreement , however it will add additional compensation to the contract to provide additional support for CEU on various engineering related projects, through the end of the current fiscal year. Additionally, this amendment reflects the pre-approved cost escalation pursuant to the original agreement.

ICF’s unit rate ranges from $90/hour to $425/hour for different levels of the engineers/consultants that will be involved for different projects in FY 2024-2025.

FISCAL IMPACTS

Sufficient appropriations for the contrac t amendment are available in the adopted Fiscal Year 2024-25 Budget in Electric Utility Fund Professional Services Account No. 520 -8000-8002- 2350-0923-0000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. PSA with CMY Approved 06-21-2022

2. Partially Executed Colton 2nd Amendment ICF signed 07-25-2024 5 Packet Pg. 105

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SECOND AMENDMENT
TO

PROFESSIONAL SERVICES

AGREEMENT

BETWEEN THE CITY OF COLTON
AND

ICF RESOURCES, LLC

1. PARTIES AND DATE.

This Second Amendment to Professional Services Agreement (“Second Amendment”) is made and entered into this 25th day of July, 2024 by and between the City of Colton (“City”) and ICF Resources, LLC (“Contractor” or “ICF”), former CMY Solutions , LLC (“CMY”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.

2. RECITALS.

2.1 Agreement. City and Contractor entered into that certain Professional Services Agreement dated July 19, 2022 (“Agreement”), whereby Contractor agreed to provide Electrical Engineering Services.

2.2 1st Amendment. City and Contractor desire to amend the Agreement for the first time to recognize the change in business name and address for the contractor, from CMY to ICF.

2.3 2nd Amendment. City and Contractor desire to amend the Agreement for the second time to increase the contract amount to accommodate additional engineering services required based on the existing scope of work.

3. TERMS.

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

“3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed five hundred thousand dollars ($500,000) plus fifteen percent (15%) contingent without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. “

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“Exhibit C is hereby deleted in its entirety and replaced with the Exhibit C - Second Amendment Rate Schedule attached hereto and incorporated herein by reference.”

3.2 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect till June 30, 2025.

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON

AND ICF RESOURCES, LLC

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

CITY OF COLTON

By:

William R. Smith
City Manager
Attest:

Stephanie M. Vargas
Deputy City Clerk

Matthew Wood
ICF Resources,
LLC

By:

Signature

Matthew Wood
Name (Print)

Contracts Manager
Title (Print)

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EXHIBIT "C” - SECOND AMENDMENT RATE

SCHEDULE
Consultant shall submit an itemized monthly invoice for services provided, at the rates set forth in the table below .

Scope and compensation for individual tasks shall be agreed upon by City and Consultant in the written Task Authorizations.

F
iscal Year 2024-2025 Rate Table
Engineer $132.61
Senior Engineer $185
Staff Engineer $225
Principal Engineer $275
Project Manager $200
Senior Project Manager $240
Program Manager $265
Managing Director $425
Drafter $90
Drafter 2 $105
Senior Drafter $120
Designer $125
Senior Designer $160
Principal Designer $185
Consultant I $185
Consultant II $275
Consultant III $385
Technician I $135
Technician II $150
Technician III $175

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ITEM NO. 6

STAFF REPORT

DATE: AUGUST 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO APPROVE A

CONTRACT AMENDMENT TO OMNI CEMETERY MANAGEMENT
AND AMEND FY 2024-2025 BUDGET, RESOLUTION NO. R-89-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Adopt Resolution No. R-89-24 amending Fiscal Year 2024/2025 Budget to increase revenues and appropriations related to management and operation of Hermosa Gardens Cemetery.

2. Dispense with competitive bidding pursuant to Colton Municipal Code Section 3.08.140(e) and a uthorize the City Manager to execute contract amendment with Omni Cemetery Management, to extend the contract and increase the total contract amount to $500,000.

BACKGROUND

The City of Colton owns Hermosa Gardens Cemetery, located at 900 North Meridian Avenue.

Until 1999, the City operated the Cemetery directly. In 2000, the Ci ty entered a 55 -year agreement with Inland Memorial, Inc. for its operation. Over time, the City’s relationship deteriorated with Inland Memorial , and the City issued various Notices of Default to Inland Memorial for non -compliance. Despite the City’s efforts to mend the relationship, Inland Memorial allowed the Cemetery fell into disrepair.

On September 30, 2021, the Director of the Cemetery and Funeral Bureau filed accusations against Inland Memorial and its owner for violations of several regulations. T he Director revoked Inland Memorial’s Funeral Establishment License on January 24, 2022, but Inland Memorial secured a stay in Sacramento County Superior Court on March 11, 2022.

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On July 1, 2022, the City issued thirteen Notices of Default, and Inland Mem orial responded with partial promises to address violations. Inland Memorial failed to cure and t he City filed suit in San Bernardino County Superior Court on January 13, 2023 . During a January 24, 2023 hearing on the City’s ex parte motion, Inland Memoria l’s counsel indicated the owner was preparing to retire. On March 23, 2023, the Sacramento County Superior C ourt lifted the stay and revoked Inland Memorial's licenses.

Unbeknownst to the City, Inland Memorial’s owner was selling the business. On March 3, 2023, Inland Memorial's counsel proposed transitioning the Cemetery to new owner Garland Shreves , who owned and operated Cemetery Care Providers (CCP). CCP managed the Cemetery under a six-month agreement with the City. On August 15, CCP announced it wou ld end the agreement early, effective September 30, 2023, earlier than the contracted date. On or about October 1, 2023, the City contracted with Omni to manage and administer the Cemetery’s day-to-day operations and ensure continuance of care and support. The City’s suit against Inland Memorial is ongoing.

ISSUES/ANALYSIS

During the past ten months, the City and Omni have worked closely and diligently to improve the aesthetic conditions, customer service , and overall operatio n of the Cemetery . Omni’s role has be en to provide daily cemetery operations – sales, site preparation, maintenance, burial services, chapel rentals, grounds upkeep, and resident services. City staff assist with opening and closing on weekends, support weekly cleaning efforts and provide office support to customer inquiries as well as record keeping. Major improvements have been made to the entry gate, office and chapel renovations, increased watering , repair to equipment and other general improvements.

The initial contract with Omni, which spans from October 2023 to October 2024, was intended to stabilize the Cemetery and position it for potential leasing or sale. This included managing day-to-day operations, assessing overall conditions, digitizing records, enhancing infrastruct ure, and identifying liabilities. However, the required time, funds, and resources were significantly underestimated due to the unexpectedly poor state of the Cemetery’s records, equipment, facilities, and a pressing need to improve customer service.

Thus, at this juncture, an additional $250,000 is necessary to maintain the Cemetery’s operations, with over $50,000 earmarked for equipment maintenance and repair. The increase accounts for the true scope of managing cemetery operations, which original estima tes failed to capture. This funding will cover the costs associated with one full -time Cemetery Manager, two full -time Maintenance Crew members, part -time maintenance staff, and expenses for fuel, equipment repairs/replacements, operational supplies, and r efunds to customers affected by previous management's errors. During the first six months, the Cemetery Manager consistently logged 50- 60 hours per week to meet the community's needs.

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Extend Omni’s Contract
This next phase necessitates increasing Omni’s contract in both funding and duration. As City Staff has delved deeper into the operational aspects of the Cemetery, it has become clear that the Cemetery’s needs are far more complex and layered with challenges than initially anticipated.

This complexity a rises from a range of issues, including outdated infrastructure, incomplete records, and unforeseen maintenance needs.

Given these circumstances, more time and resources are required to address the myriad of issues adequately and position the Cemetery for a successful sale or lease. Extending Omni’s contract will ensure that the necessary work can be completed without compromising on quality or the City's long -term goals. This extension will allow Omni and the City to continue providing critical operational support, while also helping to stabilize and improve the cemetery’s overall condition. To extend the contract, an additional $250,000 in professional services and $25,000 in operational expenses is needed.

In alignment with the Colton Municipal Code S ection 3.08.140(E), specific situations may arise where deviations from the competitive bidding process are warranted to guarantee the smooth and proficient functioning of administrative operations. The contract with Omni continues to present an exemplary case of such an exception, primarily due to the specialized service and cemetery management. Staff recommends City Council approve dispensing with the formal bid process and extend the contract to Omni for cemetery operations in accordance with Colton Municipal Code 3.08.140(E):

3.08.140(E) Purpose of Bidding is Otherwise Accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non -Public Projects under this chapter. Prior City Council concurrence with the City Manager's determination shall be required for Non - Public Project purchases over one hundred thousand dollars.

Digitization of Cemetery Records
Additionally, after much consideration, it has been d etermined that digitizing all documents at the Cemetery would be in the City’s best interest. Unfortunately, neither the City nor Omni have the staffing or resources to handle the digitizing in addition to the during day-to-day operations.

Therefore, to accomplish it, City staff recommends contracting with Re -Qwest Legal Technologies (“Re-Qwest), a firm with expertise in data digitization and secure document management. The benefits of digitizing the data include better access from any location, enhancing r esponse times to community inquiries , and operational needs. This is particularly important in a cemetery setting, where timely access to records is essential for coordinating burials, managing plots, and addressing resident concerns. Digitization will streamline operation, reducing the time spent searching through paper files, allowing staff to focus on more critical tasks. Also, physical records are vulnerable to fire, water damage, theft, and deterioration over time. Digitization ensures that these valua ble records are preserved in a secure, digital format, protecting them from such risks.
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Digitized records are a valuable asset in current day -to-day operations and will be a valuable asset to the Cemetery’s future . Re-Qwest holds a contract with the Best, Best & Kreiger LLP and will not require an additional contract with the City. The current quote for the project is just under $57,000. By contracting with Re-Qwest, the project can be completed within a four -week timeframe and the City can then ensure that all digitized records are stored securely, with appropriate access controls in place, which will safeguard sensitive information and maintain compliance with relevant privacy laws.

Capital Improvement – Vehicle Purchase
The acquisition of an excavat or and a small dump truck is crucial to ensuring the efficient and effective operation of the Cemetery, at the approximate cost of $125,000 . Currently, the equipment used for daily operations, including grave digging, site preparation, and general maintenance, is reaching the end of its useful life. The existing equipment, is prone to frequent breakdowns, leading to operational delays. This can significantly impact the Cemetery’s ability to conduct burials on schedule, which is crucial for maintaining the c ommunity’s trust and meeting their needs during sensitive times. New equipment will ensure reliable operation, minimizing the risk of unexpected downtime. The purchase of a new excavator and small dump truck is not just a matter of replacing outdated equip ment; it is an investment in the Cemetery’s long-term operational success.

City staff recommend s extending the Omni contract for an additional year and increasing the allocation for professional services, equipment repair , and digitization of all document s and records at Hermosa Gardens Cemetery. By extending the Omni contract, more time can be dedicated to improving daily operations, understand ing the potential liabilities and continu ing to enhance all areas of the infrastructure. This would require a total additional appropriation of $532,000 to fund all identified areas . A portion of the funds may be allocated f rom the Endowment Care Fund (ECF) due to the nature of the work and a portion can be offset by increasing revenue expectations for At-Need Cemetery Services.

The ECF is a crucial financial resource designed to ensure the long-term maintenance and care of the cemetery. Traditionally, endowment funds are set aside specifically for the perpetual care of cemetery grounds, covering ongoing maintenan ce like landscaping, grave upkeep, and other essential services. However, in the current context, utilizing the ECF for both day -to-day operations and critical infrastructure improvements can offer significant benefits to the City and the Cemetery’s future viability, such as digitization of records. The ECF can also be strategically used to address deferred maintenance issues, including repairs to grounds, fencing, irrigation systems, and other critical infrastructure that have been neglected over time. By judiciously utilizing the ECF, the City can ensure that the Cemetery continues to provide high -quality services and remains a well -maintained, dignified resting place for the community, while also laying the groundwork for a more sustainable and successful future.

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In FY 23/24, At -Need Cemetery Services were not accounted for and totaled approximately $190,000 in property, services and Mission Chapel reservations. This amount does not include ECF or Pre-Need Contract Payments. The estimate for FY 24/25 is $240,000, which is $100,000 above the previous estimate in the FY budget.

FISCAL IMPACTS

Resolution R -89-24 would amend the FY202 4-25 adopted budget to increase revenues and appropriate $532,000 from the General Fund reserve in the following accounts:

Expenditure accounts increased as follows:

100-6200-6234-2350-0000-000 Professional Services $307,000 100-6200-6234-2301-0000-000 Operating Supplies & Equipment $100,000 100-6200-6234-4910-0000-000 Automobile $125,000

Revenues accounts increased as follows:
100-6741-000 At-Need Cemetery Services $100,000
560-6740-000 Endowment Care Fund $35,000

ALTERNATIVES

1. Provide alternative direction to City staff.

ATTACHMENT

1. R-89-24 RESO - HERMOSA FUNDING

2. Re-Qwest Quote

3. OMNI - Contract Amendment 01

4. Omni Cemetery Management Contract 23/24
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RESOLUTION NO. R-89-24

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA AMENDING THE FY 202 4-2025 BUDGET TO INCREASE REVENUES AND APPROPRIATIONS

FOR THE OPERATIONS AND MANAGEMENT OF HERMOSA GARDENS

CEMETERY

WHEREAS, The City of Colton owns Hermosa Gardens Cemetery, a municipal cemetery located at 900 North Meridian Avenue and until 1999, operated and managed the cemetery directly. In 2000, the City entered into an agreement with Inland Memorial, Incorporated (“Inland ”), for the operation of Hermosa Gardens Cemetery. In March, 2023, Inland was sold and the lease agreement was not transferred to the new owner, who agreed to a short-term management contract and then provided notice to end the agreement early; and,

WHEREAS, Effective October 1, 2023, the City of Colton assumed operations and management of Hermosa Gardens Cemetery; and,

WHEREAS, Once managing the operations, it has become clear more time and resources are needed due to the unexpectedly poor condition of records, equipment, and facilities, and the urgent need for better customer service:, and,

WHEREAS, A portion of the funds can be allocated form the Cemetery Endowment Fund due to the nature of work and a portion can be offset by increasing revenue expectations for At -Need Cemetery Services; and,

WHEREAS, By strategically utilizing the Endowment Care Fund, the City can ensure that Hermosa Gardens Cemetery continues to provide high-quality services and remains a well-maintained, dignified resting place for the community, while also laying the groundwork for a more sustainable and successful future; and,

WHEREAS, the budget for Fiscal Year 2024/2025 has been approved by City Council and must now be amended to include an additional appropriation for the maintenance, operations, and other related enhancements at Hermosa Gardens Cemetery through this fiscal year. Revenue sources include sales, rentals, and Endowment Care Fund.

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

Section 1. The City of Colton hereby amends the FY2024-25 adopted budget to increase revenues and appropriate $532,000 from the General Fund reserve in the following accounts:

Expenditure accounts increased as follows:

100-6200-6234-2350-0000-000 Professional Services $307,000 100-6200-6234-2301-0000-000 Operating Supplies & Equipment $100,000 100-6200-6234-4910-0000-000 Automobile $125,000

Revenues accounts increased as follows:
100-6741-000 At-Need Cemetery Services $100,000
560-6740-000 Endowment Care Fund $35,000

PASSED, APPROVED AND ADOPTED THIS 20th DAY OF AUGUST 2024.

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________________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

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Attachment: R-89-24 RESO - HERMOSA FUNDING (4625 : Contract Amendment - OMNI Cemetery Management) Ole Contreras Firm/Company: BBK LLP _City of Colton
2530 Red Hill Ave., Suite 250 Client Name: Jennifer Ransom Santa Ana, CA. 92705
714-902-4536
[email protected] Date: 07/31/24
City of Colton Vendor No. 00094874-01
Ref: Hermosa Gardens Cemetery
Assumptions: Double E Heavy Grade Scanning / Various odd size documents Onsite Scanning Service- Scan all documents / Scan File Folder Tabs/ Scan Color for Color (Color Coded) Originals to be re-structured in its original order;Re-staple, Re-clip, R&R Post its back in folders + drawers At-Need Files / Pre-Need Files / Pre-Need & Paid in Full. FILE NAME DATA & OCR ****File Drawers located in 2 Rooms**** ****Project Completion 3-4 Weeks**** Services Description Quantity Price Total
Double E Heavy Grade Mix size doc's & Color- 1 set rate 127,200 $0.29 36,888.00$ File Folders -Naming Scan & Capture File Tab info + Drawers 4,500 0.50$ 2,250.00$ Rolodex Info- Single Cards 12,000 Cards Scan & Name Capture + 12,000 0.50$ 6,000.00$ OCR - Searchable Searchable Text 139,200 0.02$ 2,784.00$ Book of the Dead (2) Scan Sensitive- Handle with Care- Per Sheet 1,300 4.00$ 5,200.00$ Originals_Book of the Dead (2) - Sheets will be taped & re-stored -$ Book of the Dead (2) Print PRINT X1 SET OF EACH 1,300 2.50$ 3,250.00$ 2 Scanning Machines 2 Onsite Scanners "WAIVED" (N/C) 2 -$ 1 Oversize Scanner Oversize Scanner (1 Time Charge) 1 295.00$ 295.00$ Final Data 1 Upload files to BBK TEAM (N/C) -$ -$ Final Data 2 "HARD DRIVE" IN PDF DATA EXPORT 1 250.00$ 250.00$ On-Site Labor Daily Labor "NO CHARGE" (8-9 hrs) NO CHARGE On-Site Travel Daily Travel "NO CHARGE" (M-F) NO CHARGE OFFICE NUMBER 949-477-9378 Total 56,917.00$
Quality assurance on ALL projects
**All documents will be placed back in its original ORDER** Notes:

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23152.06000\32391457.2
AMENDMENT NO. 01 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
OBI GROUP, INC. DBA OMNI CEMETERY MANAGMENT

1. PARTIES AND DATE.

This Amendment No. 1 to the Professional Services Agreement is made and entered into this 1st day of September, 2024, by and between the City of Colton, a California municipal corporation (“City”), and OBI Group, Inc . (dba OMNI Cemetery Management) (“Contractor”).

City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor. City and Contractor entered into an agreement on October 4, 2023 (“Agreement”), whereby Contractor agreed to provide cemetery management and operation services at Hermosa Gardens Cemetery, which the City owns.

2.2 Amendment Purpose. City and Contractor now desire to amend the Agreement for the purposes of extending contract by one year at additional compensation.

2.3 Amendment Authority. This Amendment No. 01 is authorized pursuant to Section 2.1.2 of the Agreement.

3. TERMS.

3.1 Amendment. The Agreement sections noted below are hereby amended in their entirety to read as follows:

2.1.2 Term. The term of this Agreement shall be from November 1, 2024 , to October 31, 2025, unless earlier terminated as provided herein or extended by the Parties’ mutual written agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

2.3.1 Fees and Payments Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation paid to Contractor shall not exceed Five Hundre d Thousand Dollars ($500,000) without prior written approval of City’s City Manager . Contractor shall be compen sated on a monthly basis, following submittal and approval of an invoice by the City Manager. The

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23152.06000\32391457.2
City Manager shall notify Contractor of any d iscrepancies within five (5) days following submittal of invoice. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Contractor may not retain income from pre -need property, rights, pre -need or at - need endowment care funds collected. Contractor may retain all income from markers, vases and other retail items, approved by the City.

Exhibit C to the Agreement is hereby deleted in its entirety and replaced with Exhibit C attached hereto to this Amendment No. 1 and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 01, all provisions of the Agreement shall remain unchanged and in full force and effect. Fro m and after the date of this Amendment No. 01, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 01.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independe nt consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 01

3.4 Severability. If any portion of this Amendment No. 01 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 01 may be executed in duplicate originals, each of which is deemed to be an original , but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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23152.06000\32391457.2
SIGNATURE PAGE FOR AMENDMENT NO. 01 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON

AND OBI GROUP, INC DBA OMNI CEMETERY MANAGMENT

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 01 to the Agreement as of the day and year first above written.

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Stephanie M. Vargas
Deputy City Clerk

OBI GROUP, INC. DBA OMNI CEMETERY MANAGMENT
a Corporation

By: _________________________
G. Denise Hampton

_________________________
Name (Print)

_________________________
Title (Print)

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4 (BB&K: 06/2024)
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EXHIBIT "C- AMENDMENT NO. 01

COMPENSATION

POSITION HOURLY RATE
Primary Contractor – Cemetery Manager $75
Maintenance Staff $25

MONTHLY FEES
Overhead costs for staffing, insurance and other related expenses
$1000

OPERATIONAL COSTS
Including fuel, equipment repair/replacement and operational supplies.

Documentation must be included with monthly invoice.

REFUNDS / AMENDMENTS OR OTHER FEES
Any refunds and waived or amended fees to customers based on previous operator error. Documentation must be included with monthly invoice.

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Attachment: Omni Cemetery Management Contract 23/24 (4625 : Contract Amendment - OMNI Cemetery Management)

ITEM NO. 7

STAFF REPORT

DATE: AUGUST 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ANTHONY VEGA, POLICE CHIEF
SUBJECT: APPROVE CITY MANAGER AUTHORITY TO ACCEPT FY2023

JUSTICE ASSISTANCE GRANT AWARD (JAG) AND THE

ACCOMPANYING INTERLOCAL AGREEMENT, APPROVE

RESOLUTION AND BUDGET AMENDMENT TO REFLECT

PURCHASE OF NIGHT VISION GOGGLES AND RELATED
EQUIPMENT, RESOLUTION NO. R-77-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve and adopt Resolution No. R-77-24, authorizing the acceptance of the 2023 Justice Assistance Grant Award (JAG) in the amount of $16,503 along with its accompanying Interlocal agreement with the County of San Bernardino and amending the FY2024/2025 Miscellaneous Grant Fund budget to accept the award.

2. Approval to purchase five Night Vision Goggles with the JAG 2023 funds along with funds from JAG FY2018 and FY2020.

7 Packet Pg. 168
Staff Report to the Mayor and City Council
Grant - Justice Assistance Grant FY2023
August 20, 2024

Page 2 ends

BACKGROUND

The Justice Assistance Grant (JAG) is the provider of feder al criminal justice funding to state and local jurisdictions. The formula for the distribution of funds is based on each city’s population, their part one crimes and direct allocations to state and local governments. The City of Colton’s allocation has be en determined to be $17,372 in which the County will retain 5% or $869 of the city’s allocation to administrate the distribution the funds, leaving the City $16,503.

These grant funds must be expended for law enforcement purposes only. The grant cannot be used to purchase weapons, ballistic vests, or to supplant equipment.

ISSUES/ANALYSIS

The Colton Police Department deploys, on a collateral basis, 10 Special Weapons and Tactics operators. These operators are attached to the Inland Valley Special Weap ons and Tactics Team (IVS). IVS is a Regional SWAT team comprising of operators from Colton, Rialto, and Fontana Police Departments. IVS is responsible for all SWAT operations within all three cities. As a result, Colton Police SWAT operators service an additional 67 square miles and 315,155 residents.

Staff have researched night vision goggles to replace the aging and outdated equipment that is currently being used. After conducting the research, TNVC (Tactical Night Vision Company) goggles model TNVC-TNVDTNVS-L3WP-BLK, with IPD Stops, was selected. Given the high risk, life and death scenarios of SWAT operations the SWAT officers cho ose goggles fr om TNVC for several reasons including function, fit, clarity, weight and durability. TNVC is located in the City of Redlands.

After extensive research staff have found only out -of-state vendors who offer comparable equipment TNVC manufactures. With TNVC’s warehouse located only 8 miles from the Colton Police Department, we can bypass shipping. This is not only a monetary benefit, as it also allows staff to ensure the delicate materials used to construct each night vision goggle keeps its integrity minimizing the need for returns and repairs. However, in the event a warranty or other repair is needed, i t can be completed in a timely manner due to the proximity of the manufacturer. The Colton Police Department purchased 3 goggles from TNVC last year. This type of night vision goggle is being utilized by the majority of IVS personnel and having the same or similar equipment throughout IVS is critical to team standardization . Using TNVC will keep the taxpayer money in San Bernardino County as opposed to using vendors out -of-state.

Additionally, TNVC has already been verified through SAMs.gov.

Due to the delay by the federal government for JAG grant years 2018 through 2021, some funds were accepted but were never spent. As a result, staff have identified funds in unearned revenue located in account number 225 -2366-000 in the amount of $12 ,666. This mon ey reflects the funding accepted for JAG FY2018 that was never spent and not carried over in the budget. Staff have also identified unspent appropriations still available for use in account 225 -6070-7004- 7 Packet Pg. 169
Staff Report to the Mayor and City Council
Grant - Justice Assistance Grant FY2023
August 20, 2024

Page 3 ends

1180-0000-010 in the amount of $1,128. This money reflects unspent funds from JAG funds accepted in FY 2020.

Staff have worked in conjunction with the County of San Bernardino to successfully complete budget modifications for JAG 2018 and JAG 2020 to reflect the purchase of 5 Night Vision Goggles. Staff is requesting to use the combined unearned and unspent revenues in addition to FY2023 awarded funds.

FISCAL IMPACTS

The budget for the City of Colton for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025 was approved and adopted. Curren tly, sufficient appropriations are available in the Safety Equipment account #100 -6070-6071-1180-0000-000 for the $21,657.31 to cover any additional cost incidental to the purchase of the Night Vision Goggles that exceeds the grant award.

Approval of Resolution R-77-24will:

1. Amend FY 2024/25 Budget to increase revenues in Misc. Grant Fund Revenue Account #225-5890-012 by $16,503.

2. Amend the FY 2025 Budget to increase appropriations in the Misc. Grant Expenditure Account #225-6070-7018-1180-0000-000 in the amount of $30,298. The difference will come from unearned revenue in the amount of $12,666 in account #225 -2366-000 and unspent revenue in the amount of $1,128 in account # 225-6070-7004-1180-0000-010.

ALTERNATIVES

Provide alternative direction to staff

ATTACHMENT

1. 3 Quotes

2. JAG FY23 Resolution R-77-24

3. 2023 JAG Grant Distribution List

4. JAG Grant 2023 Interlocal Award Agreement
7 Packet Pg. 170

PRICING
ITEM DESCRIPTION Delivery Days ARO QTY PRICE

PER UNIT
1 DTNVS-MG w/ Carson
Industries lenses, and
L3Harris Unfilmed White
Phosphor Tubes (2500
FOM Min.), Aviator Spot
Spec
10 business days 5 $9,340.00
2 Wilcox G24 Night Vision
Mount
10 business days 5 $435.00
4 UPS Ground & Shipping
Insurance
N/A 5 $40.00SHIP
Valid Until: 08/05/2024 Delivery Terms: FOB - Origin Payment Terms: Prepay prior to ship
Company:

Apollo Gear Co.

Address:
101 E. 8th Ave., Suite 209, Conshohocken, PA 19428
Colton Police Department

NIGHT VISION QUOTE
Contact: Ryan Jameson
Phone: (215) 901-8406
P/N

DTNVSMG
2500
G24LITE

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Attachment: 3 Quotes (4599 : Grant - Justice Assistance Grant FY2023) Quote
2301 Nelson Miller PKWY DATE 6/28/24
Unit B
Louisville, KY 40223
502-234-4444
TO:

Colton Police Department
Jason Hanna
(909) 264-6690
650 N La Cadena Dr
Colton, CA 92324
Lead Time
See below notes
ITEM # QTY UNIT PRICE TOTAL
LAC-DTNVS-HF-IPD 5 $10,134 50,670.85
28300G24-B 5 $450 2,250.00
-
-
-
[42]
SUBTOTAL 52,920.85
TAX -
SHIPPING 672.48

OTHER -
TOTAL 53,593.33$
Licentia Arms Co | 2301 Nelson Miller PKWY Unit B, Louisville, KY 40223 | 502-234-4444 | [email protected] Comments or Special Instructions
Lead time is approx. 30-90 days. Lead times could fluctuate depending on time of order.

If you have any questions about this quote, please contact [email protected]
Quote Expiration Date
8/28/24

DESCRIPTION
Wilcox G24 Breakaway Mount, Black
Licentia Arms Co DTNVS L3 High FOM, Add IPD Stops

PAYMENT TERMS
Prepaid - Wire, ACH, Check

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Attachment: 3 Quotes (4599 : Grant - Justice Assistance Grant FY2023) Estimate
Date
7/19/2024
Estimate #
20170-G
Name / Address
City of Colton
Finance Department
650 N. La Cadena Dr
Colton, CA 92324
Ship To
Colton Police Deptartment
650 N. La Cadena Dr
Colton, CA 92324
TNVC Inc
1050 Nevada St.

Suite 405
Redlands, Ca. 92374
P.O. No.

TBD
Terms
Net 30
Rep
WF
Total
Subtotal
Sales Tax (8.75%)
Item Description Qty Unit Price Total
TNVC-DTNVS-I-L3WP-BLK TNVC TNV/DTNVS-I (IPD Stops) Gen3 Dual Tube Night Vision Device - L3Harris
Unfilmed White Phosphor, Black
***Limited Lifetime Warranty***
5 9,100.00 45,500.00T
WLCX-L4G24B Wilcox L4 G24 Mount w/ Low Profile
Breakaway Base - Black P/N: 28300G24-B
5 455.00 2,275.00T

PICK UP FROM TNVC HQ
$51,955.31
$47,775.00
$4,180.31

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Attachment: 3 Quotes (4599 : Grant - Justice Assistance Grant FY2023)

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-77-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON ACCEPTING A GRANT IN THE AMOUNT OF $16,503, FROM THE 2023

EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
AND AMEND THE FISCAL BUDGET 2024-2025

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 September 26, 2023 the 2023 Edward Byrne Memorial Justice Assistance Grant was awarded by the County to the Colton Police Department in the amount of $16,503.

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

Section 1. Approval of Resolution R-77-24 will:

1. Amend FY 2024/25 Budget to increase revenues in Misc. Grant Fund Revenue Account #225-5890-012 in the amount of $16,503.

2. Amend the FY 2024/25 Budget to increase appropriations in the Misc. Grant Expenditure Account #225-6070-7018-1180-0000-000 in the amount of $30,298. The difference will come from unearned revenue in the amount of $12,666 in account #225 -2366-000 and unspent revenue in the amount of $1,128 in account # 225-6070-7064-1180-0000-010.

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

PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF MARCH 2024

FRANK J. NAVARRO
Mayor

ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

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Attachment: JAG FY23 Resolution R-77-24 (4599 : Grant - Justice Assistance Grant FY2023) JUSTICE ASSISTANCE GRANT (JAG) FY2023 ALLOCATION

Jurisdiction Allocation 5% Administrative Fee Award
San Bernardino County $121,577 ($6,079) $115,498
Adelanto $21,722 ($1,086) $20,636
Apple Valley $27,338 ($1,367) $25,971
Barstow $22,961 ($1,148) $21,813
Chino $25,411 ($1,270) $24,141
Colton $17,372 ($869) $16,503
Fontana $58,201 ($2,910) $55,291
Hesperia $39,011 ($1,951) $37,060
Highland $26,127 ($1,306) $24,821
Montclair $19,960 ($998) $18,962
Ontario $55,475 ($2,774) $52,701
Rancho Cucamonga $36,919 ($1,846) $35,073
Redlands $20,896 ($1,045) $19,851
Rialto $45,096 ($2,255) $42,841
San Bernardino $242,190 ($12,109) $230,081
Upland $26,182 ($1,309) $24,873
Victorville $79,317 ($3,966) $75,351
Yucaipa $12,499 ($625) $11,874
Yucca Valley $11,177 ($559) $10,618
Total $909,431 ($45,472) $863,959

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Attachment: 2023 JAG Grant Distribution List (4599 : Grant - Justice Assistance Grant FY2023)

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Attachment: JAG Grant 2023 Interlocal Award Agreement (4599 : Grant - Justice Assistance Grant FY2023)

ITEM NO. 8

STAFF REPORT

DATE: AUGUST 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION FOR THE DEMOLITION OF RIALTO CONCRETE TANK PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the execution and recordation of a Notice of Completion for the Demolition of Rialto Concrete Tank Project.

BACKGROUND

The concrete water ta nk, known as Rialto Reservoir, I, was commissioned by the Works Progress Administration and constructed in 1934. The tank was decommissioned and has been out of functional use and service since the early 1990’s due to a leak. The tank sits on property owned by the City of Colton located within the City of San Bernardino. The concrete tank stands 30’ feet tall and has a diameter of approximately 110’ feet with a capacity of about 3 million gallons. The tank is located in the Central Pressure Zone. The tank does not meet the current seismic and safety codes due to the age and material of the structure.

On September 5, 2023, a construction contract was awarded to Resource Environmental Inc. for the demolition of the reservoir in the amount of $115,000. The scope of the work is to completely remove and dispose of the entire concrete tank.

ISSUES/ANALYSIS

The Notice to Proceed for the Project was issued on December 20, 2023. During demolition and excavation suspected asbestos-containing materials was reported.

8 Packet Pg. 207
Staff Report to the Mayor and City Council
NOC - Demolition of Rialto Concrete Tank
August 20, 2024

Page 2 ends

A hazardous material assessment and asbestos surveys was conducted on the project site by Ecologics Laboratories on February 2024 to verify collected materials and identified if they fall within the regulatory authority of EPA, OSHA, Cal -OSHA or the SCAQMD. Multiple methods of testing were provided and findings show visible asbestos on the lining of the foundation.

The attached Asbestos Survey Report provided all the information regarding the level of asbestos and the acceptable procedure for the disposal of hazardous materials. The contractor provided a cost for the removal of the remaining concrete foundation for $321,030.33. Due to substantial change in the scope, staff recommended closing the project and re-bid the remaining work which is the removal of the contaminated reservoir foundation. The final cost for the project including the asbestos testing and video surveillance is $114,743.41.

FISCAL IMPACTS

There is no additional fiscal impact associated with filing the notice of completion. The Project was funded in Water Utility Fund Capital Improvement Account Number #521-8100-8101-3890- 0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A- Notice of Completion

2. Exhibit B- Asbestos Survey Report

3. Exhibit C- Pictures
8 Packet Pg. 208

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

Name: City of Colton

Street 650 N. La Cadena Drive
Address

City & Colton, California
State California
Zip 92324

NO APN SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:

1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is Victor Ortiz, P.E

3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324

4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPR OPRIATE DESIGNATION).

5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:

Names Addresses

N/A N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on March 8, 2024

8. The name of the original contractor, if any, for the work of improvement was Resource Environmental Inc. The kind of work done or material furnished was Demolition of Rialto Concrete Tank.

9. The property on which the work of improvement was completed is in the City of Colton, County of San Bernardino, State of California, and is described as follows: Demolition of Rialto Concrete Tank Project.

The street address of the said property is in the vicinity of the southwest corner of Rialto Avenue and Muscott Street in the City of San Bernardino California (APN 142-222-45 to 48)

Dated: 8/20/2024 ___________________________________(Signature) Victor Ortiz, P.E., City Engineer

VERIFICATION
I, the undersigned say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at _______Colton_________, California, this _______ day of _____________, 2024.

____________________________________________________
(SIGNATURE)

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Attachment: Exhibit A- Notice of Completion (4592 : NOC - Demolition of Rialto Concrete Tank)

City of Colton ASBESTOS SURVEY
Rialto Reservoir 1 Rialto Avenue at Muscott St. ECOLOGICS PROJECT No. A240201-1 Ecologics Laboratories and Institute
2487 E. Orangethorpe Avenue Fullerton, CA 92831 Phone (714) 632-8100

February 15, 2024

City of Colton
Public Works and Utilities
160 S. 10th Street
Colton, California 92324
Attention: Mr. Jess Sotto, PE.

Subject: Asbestos-Containing Material (ACM) Survey Report Rialto Reservoir 1

Dear Mr. Sotto:

Ecologics Laboratories is pleased to submit the enclosed Suspect Asbestos-Containing Material (ACM) Survey Report of the Rialto Ave. at Muscott St. (the Site) located at Rialto Ave. at Muscott St. , in San Bernardino, California.

Ecologics performed a new suspect asbestos-containing material (ACM) sampling survey on February 1st, 2024 , to complement a previou s limited survey completed on October 23 , 2018. This new report summarizes Ecologics ’s suspect ACM survey findings on February 1 st, 2024 at the Rialto Reservoir 1 located at Rialto Ave. at Muscott St., City of San Bernardino, CA.

Of the 23 samples of suspected ACM collected by Ecologics from the Rialto Ave. at Muscott St. structure, 6 samples tested positive for asbestos. No asbestos was identified in the remaining samples that were analyzed.

The six samples that tested positive for asbestos were analyzed by the point count (1,000) method.

According to the laboratory analytical report, all six samples analyzed by the 1000 point count method were quantified as <1% asbestos but above the laboratory detection limit of one-tenth of one percent (0.10%), and therefore are not considered ACM or Class II non friable ACM but are considered ACCM (above 0.1%) which is regulated under Cal OSHA’s worker standard.

We appreciate the opportunity to serv e you. Please contact us if you have any questions or if we can be of further service.

Sincerely,

ECOLOGICS LABORATORIES

Armando Ducoing, MSc. Alejandra Puga, CAC
Project Manager Cal-OSHA-Certified Asbestos Consultant Phone: (714) 632-8100 Phone: (714) 632-8100
Enclosure

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Attachment: Exhibit B- Asbestos Survey Report (4592 : NOC - Demolition of Rialto Concrete Tank)

SUSPECT ASBESTOS-CONTAINING MATERIAL (ACM) SURVEY

Rialto Reservoir 1
Rialto Avenue at Muscott Street
San Bernardino, California 92410

Prepared for:

City of Colton, California
Water and Waste Water
160 S. 10th Street
Colton, CA 92324

Prepared by:

Ecologics Laboratories
2487 E. Orangethorpe Ave.

Fullerton, California 92831

Ecologics Project No. A240205-1

February 24, 2024

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i
Table of Contents
SECTION Page

1.0 INTRODUCTION ....................................................................................................................... 1

2.0 REGULATORY REVIEW FOR ASBESTOS.......................................................................... 1

3.0 SITE STRUCTURE .................................................................................................................... 3

4.0 ASBESTOS FIELD SURVEY AND ANALYTICAL PROTOCOLS .................................... 3

5.0 ACM SURVEY RESULTS ......................................................................................................... 4 TABLE 2 MATERIALS ANALYZED BY 1000 POINT COUNT METHOD. ............................ 6

6.0 CONCLUSIONS AND RECOMMENDATIONS .................................................................... 6

6.1 CONCLUSIONS .......................................................................................................................... 7

6.2 RECOMMENDATIONS ............................................................................................................ 7

7.0 LIMITATIONS ........................................................................................................................... 8

FIGURES

Figure 1: Site Map Showing Suspect ACM Sample Locations – Rialto Ave. at Muscott St. , Rialto Reservoir 1

SITE PHOTOGRAPHS

SAMPLES LOCATION CHART

APPENDICES

Appendix A: Survey Team Qualifications and Certifications Appendix B: Laboratory Report, Chain-of-Custody Form, and Laboratories’ NVLAP Qualifications

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1.0 EXECUTIVE SUMMARY
On February 1st, 2024 t he City of Co lton, Water and Wastewater Department retained Ecologics Laboratories, to complete a suspect asbestos-containing material (ACM) survey of the Rialto Ave. at Muscott St. Reservoir 1 water tank located at Rialto Ave. at Muscott St. , San Bernardino , California (Site). The survey was a follow-up to a previous limited survey (October 2018) , which did not identify ACM in the water tank’s structure . The new survey involved collecting and analyzing suspected ACM which was not previously accessible unti l the demolition started. The additional survey has been performed in accordance with the National Emissions Standards for Hazardous Air Pollution (NESHAP), as adopted by the United States Environmental Protection Agency (USEPA) and the South Coast Air Management District (SCAQMD) Rule 1403.

During the Demolitio n of the City of Rialto Reservoir 1 water tank structure, the demolitio n Competent Person identified suspect asbestos containing materials that had not been previously identified in the original pre-demolition asbestos survey.

The demolition Competent Person from Resource Environmental (contractor) identified suspect materials that had not been identified in the original report of October 2018 and immediately proceeded to secure, stabilize and request a survey for the newly discovered suspect materials. No associated disturbance on the new materials occurred and the material remained intact.

Ecologics Laboratories conducted a thorough inspection of the demolition site, completed bulk sampling of the newly iden tified materials as well as some of the debris resulting from the ongoing demolition ; twenty three bulk samples were taken from the site, which resulted in the identification of thirty distinct layers; six of them tested positive for asbestos and were subjected to 1000 Point Count ve rification in accordance with established NESHAP and Rule 1403 protocols.

No ACM or Class II friable materials were identified in the survey completed on February 5, 2024.

The intact materials, however, contained asbestos minerals above the Cal OSHA regulatory limits (above

0.1%) but below the NESHA P and SCAQMD limit of greater than 1%. These materials must be han dled according to Cal OSHA’s 8 CCR 1529 regulation, and the contractor must have a C22 license and be DOSH approved.

Ecologics ’s survey team consisted of the following:
• Ms. Alejandra Puga , Ecologics Laboratories (Ecologics), California Certified Asbestos Consultant (CAC), Asbestos Hazard Emergency Response Act - (AHERA-) certified building inspector.
• Mr. Armando Ducoing, MSc., Project Manager, Ecologics , an AHERA building inspector.

The survey team’s certifications are provided in Appendix A.

2.0 REGULATORY REVIEW FOR ASBESTOS
Regulatory oversight for the management, removal, and disposal of ACM is provided by a variety of federal, state, and local agencies. The three primary regulations enforced by regulatory agencies that govern various activities (e.g. inspection, assessment, and abatement) relating to ACM include the following: AHERA, NESHAP, and the Asbestos Standard for the Construction Industry (as codified in federal Occupational Safety and Health Administration [OSHA] and California OSHA [Cal -OSHA] regulations) (Construc tion Standard). USEPA regulations concerning the identification, handling,

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management, and abatement of ACM (as found in AHERA and NESHAP) are implemented locally by the South Coast Air Quality Management District (SCAQMD). Federal OSHA and Cal -OSHA regulate asbestos as a worker health and safety issue. In addition, the transportation and disposal of asbestos - containing wastes are overseen by the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC). The federal OSHA, USEPA, DTSC, and SCAQMD define ACM as a material containing greater than 1 percent asbestos (> 1%). Cal OSHA defines Asbestos Containing Construction Materials (ACCM) as a manufactured materials containing greater than 0.1% by weight.

The following is a brief description of three major regulations relating to ACM.

Asbestos Hazard Emergency Response Act (AHERA)
AHERA (40 CFR Part 763), as implemented by USEPA, primarily pertains to the assessment and management of ACM in non-profit schools, grades Kindergarten through 12; however, many of the procedures, training requirements, and certifications defined by AHERA have become the industry standard for all other facilities. For this survey, AHERA protocols were generally used in the identification, assessment, and sampling of building materials suspected of containing asbestos.

National Emission Standard for Hazardous Air Pollutants (NESHAP) NESHAP (40 CFR Part 61) is an asbestos standard that protects the general public from asbestos exposure due to renovation or demolition activities. NESHAP requires surveying for suspect materials (as defined above), notification of intent to renovate or demolish, removal of regulated ACM (RACM) before renovation or demolition, and proper management of asbestos -containing wastes. An RACM is defined by NESHAP as follows:

• Any friable ACM.
• A Category I non-friable ACM (such as floor tiles and asphalt roofing products) that has become friable or will be subject to sanding, grinding, cutting, or abrading during renovation or demolition activities.
• A Category II non -friable ACM (all other non -friable ACM) that has a high probability of becoming friable during demolition or renovation activities.

NESHAP requires that demolition activities be conducted with no visible emissions using wet methods.

Note: While NESHAP regulates renovation and demolition activities, it does not protect individual workers conducting asbestos abatement or provide instructions as to how asbestos abatement projects should be conducted, which is controlled by State and local agencies (such as the SCAQMD and Cal - OSHA).

Asbestos Standard for the Construction Industry
The Asbestos Standard for the Construction Industry (Construction Standard) (federal OSHA, 29 CFR [Code of Federal Regulations] 1926.1101, and Cal -OSHA Title 8 California Code of Regulations [CCR] 1529) regulates asbestos exposure in the work place. This includes both persons working in a building that contains ACM and asbestos abatement workers/contractors. For abatement workers and contractors, the Construction Standard regulates the following:

• Protection of workers and the public during the removal. • Medical surveillance requirements for workers.
• Detailed requirements for how asbestos is to be removed. • Training requirements for abatement personnel.

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Cal-OSHA defines Asbestos Containing Construction Material (ACCM) as any building material that contains more than 0.1 percent (one -tenth of one percent) asbestos by weight. In addition, building materials presumed or known to contain at least trace amounts (greater than 0.1 percent and less than 1 percent) of asbestos should be considered as ACCM and should be managed according to Cal -OSHA regulations (as presented in Title 8 CCR 1529).

3.0 SITE STRUCTURE
The Site is an approximately one hundred and ten feet in diameter and approx. twenty feet above ground concrete water tank with a sloped floor , constructed in the 1930 ’s.. The tank’s perimeter walls are constructed of reinforced concrete . The sloped floor is constructed with concrete slab -on-grade. The tank’s floor has expansion joints approx. every ten feet concentrically and radially. The expansion joints consist of a white organic elastomeric material with a yellow fibrous material and bituminous tar . The tank’s layout is shown on Figure 1.

4.0 ASBESTOS FIELD SURVEY AND ANALYTICAL PROTOCOLS
Ecologics inspected the interior area of the tank’s floor that will be disturbed during the planned demolition. Minor demolition of materials was required during the asbestos survey effort. The inspectors took care to see that the immediate sampling areas within the tank’s floor remained unoccupied when samples were collected.

Suspect materials were classified with respect to homogeneity consistent with the protocol recommended in Title 40 of the CFR, Part 763, Asbestos -Containing Materials in Schools; Final Rule and Notice (40 CFR 763, Subpart F). Bulk samples of suspect ACM were sampled with the intent that each distinct layer of each unique suspect ACM be collected. Bulk samples were collected from each observed homogeneous and each unique suspect ACM. Suspect ACMs were considered to be homogeneous if the material at different locations appeared to be similar in appearance and texture. Where the inspectors considered a suspect ACM to be unique (i.e., different in appearance with respect to other suspect ACM ), a sample was collected of each unique suspect ACM observed at the Site.

Following is a summary of the sampling procedures that were used. A wetting agent was applied to suspect materials surfaces before the sample was collected to reduce the potential for fiber release. All samples were placed in plastic bags, labeled, and sealed immediately after they were collected. After each sample was collected, the sampling instruments were wiped clean using a wet, lint -free cloth to prevent cross contamination between samples. A unique sample identification number was assigned to each sample.

The samples remained in the inspector s’ custody until they were sent to the laboratory. When sampling was complete , the bulk samples were transported to Ecologics Laboratories (Ecologics) in Fullerton, California, along with completed laboratory chain-of-custody documentation. Ecologics is accredited by the National Institute of Standards and Technology (NIST) and participate in the National Voluntary Laboratory Accreditation Program (NVLAP # 600190-0). Bulk asbestos samples were analyzed using polarized light microscopy (PLM) in accordance with the EPA -recommended test method described in 40 CFR 763, Subpart F.

A total of 23 bulk samples were delivered to Ecologics in Fullerton, California on February 1, 2024 along with completed laboratory chain-of-custody documentation.

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Appendix B of this report provides the asbestos analytical results and chain-of-custody forms for the bulk samples, as well as the laboratory’s NVLAP certificate.

5.0 ACM SURVEY RESULTS
The PLM results for the suspect asbestos samples collected on February 1, 2024 are summarized in Table 1 below. Of the 23 samples of suspected ACM collected by Ecologics from the Site, the lab identified 30 separate layers; 6 samples tested positive for asbestos; since all the positive asbestos samples contained less than 10 % asbestos they were subject ed to 1000 point -counting, which increases the accuracy of the analysis in accordance with the guidance of NESHAP and SCAQMD’s Rule 1403. No asbestos in excess of 1% was identified in the identified in the 6 samples subjected to point count.

TABLE 1
PLM ANALYSIS MATERIALS SAMPLED ON FEBRUARY 1, 2024
RIALTO RESERVOIR 1
Laboratory Sample No. Sample
ID
Material
Description
Material
Locations
Asbestos
(Y/N)
Analytical
Result %
240201015.01.A 01-AB01 Concrete, Granular,
Homogeneous, Gray E1 Tank Floor No NAD
240201015.01.B 01-AB01
Asphalt,
Homogeneous,
Tarry, Black
E1 Tank Floor No NAD
240201015.02.A 01-AB02 Concrete, Granular,
Homogeneous, Gray D1 Tank Floor No NAD
240201015.02.B 01-AB02
Tar, Firm,
Homogeneous,
Black
D1 Tank Floor No NAD
240201015.03.A 01-AB03 Concrete, Granular,
Homogeneous, Gray C2 Tank Floor No NAD
240201015.03.B 01-AB03
Tar, Firm,
Homogeneous,
Black
C2 Tank Floor No NAD
240201015.04.A 01-AB04 Concrete, Granular,
Homogeneous, Gray B2 Tank Floor No NAD
240201015.04.B 01-AB04
Mastic,
Homogeneous,
Tarry, Black
B2 Tank Floor Yes 2% Chrysotile

240201015.05.A 01-AB05 Concrete, Granular,
Homogeneous, Gray F6 Tank Floor No NAD
240201015.06.A 01-AB06 Concrete, Granular,
Homogeneous, Gray G7 Tank Floor No NAD
240201015.07.A 01-AB07 Concrete, Granular,
Homogeneous, Gray G4 Tank Floor No NAD
240201015.07.B 01-AB07
Tar, Firm,
Homogeneous,
Black
G4 Tank Floor No NAD
240201015.08.A 01-AB08 Concrete, Granular,
Homogeneous, Gray F2 Tank Floor No NAD
240201015.09.A 01-AB09 Concrete, Granular,
Homogeneous, Gray F1 Tank Floor No NAD

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Laboratory Sample No. Sample
ID
Material
Description
Material
Locations
Asbestos
(Y/N)
Analytical
Result %
240201015.10.A 01-AB10 Concrete, Granular,
Homogeneous, Gray C1 Tank Floor No NAD
240201015.11.A 01-AB11 Concrete, Granular,
Homogeneous, Gray A4 Tank Floor No NAD
240201015.12.A 01-AB12 Concrete, Granular,
Homogeneous, Gray B6 Tank Floor No NAD
240201015.13.A 01-AB13 Concrete, Granular,
Homogeneous, Gray C7 Tank Floor No NAD
240201015.01.B 01-AB13
Tar, Firm,
Homogeneous,
Black
C7 Tank Floor No NAD
240201015.14.A 01-AB14
Sealant,
Homogeneous,
Rubbery
F2 Tank Floor No NAD
240201015.15.A 01-AB15
Sealant,
Homogeneous,
Rubbery
D1 Tank Floor No NAD
240201015.16.A 01-AB16
Sealant,
Homogeneous,
Rubbery
C3 Tank Floor No NAD
240201015.16.B 01-AB16
Tar, Firm,
Homogeneous,
Black
C3 Tank Floor No NAD
240201015.17.A 01-AB17
Tar, Fibrous, Non-
Homogeneous,
Tarry, Black
F2 Tank Floor Yes 2% Chrysotile
<1% Tremolite
240201015.18.A 01-AB18
Tar, Fibrous, Non-
Homogeneous,
Tarry, Black
D1 Tank Floor Yes
2% Chrysotile
<1% Tremolite
240201015.19.A 01-AB19
Tar, Fibrous, Non-
Homogeneous,
Tarry, Black
C3 Tank Floor Yes
2% Chrysotile
<1% Tremolite
240201015.20.A 01-AB20
Insulation,
Granular,
Homogeneous, Tan
E2 Tank Floor No NAD
240201015.21.A 01-AB21
Insulation,
Granular,
Homogeneous, Tan
D2 Tank Floor No NAD
240201015.22.A 01-AB22
Insulation,
Homogeneous,
Tarry, Black
D3 Tank Floor Yes 2% Chrysotile
<1% Tremolite
240201015.23.A 01-AB23
Insulation,
Homogeneous,
Tarry, Black
C2 Tank Floor Yes 2% Chrysotile
<1% Tremolite

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Table 2
SUMMARY OF MATERIALS ANALYZED BY 1000 POINT COUNT
RIALTO RESERVOIR 1
Client ID Layer # Lab ID Asbestos
(Y or N)
% Asbestos/
Type
01AB04 24020544.01.B 240205044.01
Location
Description/Color
Asbestos Type
Other Mat. Type
B2
Tar, Fibrous, Non-Homogeneous, Tarry, Black
Chrysotile, Tremolite

99.52% Non-Fibrous Material
Yes <0.1% Chrysotile
<0.1% Tremolite
01AB17 24020544.01.A 240205044.01
Location
Description/Color
Asbestos Type
Other Mat. Type
F2
Tar, Fibrous, Non-Homogeneous, Tarry, Black
Chrysotile, Tremolite

99.52% Non-Fibrous Material
Yes 0.33% Chrysotile

0.15% Tremolite
01AB18 24020544.02.A 240205044.02
Location
Description/Color
Asbestos Type
Other Mat. Type
D1
Tar, Fibrous, Non-Homogeneous, Tarry, Black
Chrysotile, Tremolite
100% Non-Fibrous Material
Yes <0.1% Chrysotile
<0.1% Tremolite
01AB019 24020544.03.A 240205044.03
Location
Description/Color
Asbestos Type
Other Mat. Type
C3
Tar, Fibrous, Non-Homogeneous, Tarry, Black
Chrysotile, Tremolite

98.91% Non-Fibrous Material
Yes 0.77% Chrysotile

0.32% Tremolite
01AB04 24020544.04.A 240205044.01
Location
Description/Color
Asbestos Type
Other Mat. Type
D3
Insulation, Homogeneous, Tarry, Black
Chrysotile, Tremolite

98.46% Non-Fibrous Material
Yes 0.98% Chrysotile

0.56% Tremolite
01AB04 24020544.04.A 240205044.01
Location
Description/Color
Asbestos Type
Other Mat. Type
D3
Insulation, Homogeneous, Tarry, Black
Chrysotile, Tremolite

98.46% Non-Fibrous Material
Yes 0.98% Chrysotile

0.56% Tremolite

6.0 CONCLUSIONS AND RECOMMENDATIONS
Based on the survey observations and sample analytical results, Ecologics presents the following conclusions and offer the following recommendations for actions during demolition activities taking place at the RIALTO RESERVOIR 1.

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6.1 Conclusions
The results of the asbestos survey by Ecologics showed that of the 23 samples collected and analyzed.

No materials sampled contained asbestos in concentrations greater than one percent; but 6 samples exceeded the Cal OSHA regulatory limits and are classified as ACCM, but not as ACM or Class II friable ACM.

6.2 Recommendations
• ACCM identified by the Ecologics survey must be removed by a licensed asbestos abatement contractor during demolition activities.
• In abundance of caution, Ecologics recommends that the remaining concrete slab demolition work follow the Work Practices and Engineering Controls for ACM Class II work as prescribed under 8 CCR 1529.
• Demolition work shall be supervised by an asbestos competent person and monitored by an independent State of California Certified Asbestos Consultant (CAC). • When the contractor does not remove the ACCM containing concrete in a substantially intact state, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the work area;
• 1. Critical barriers shall be placed over the surroundings to the work area; or, • 2. The employer shall use another barrier or isolation method which prevents the migration of airborne asbestos from the work area, as verified by perimeter area monitoring performed by an independent CAC.
• 3. Impermeable dropcloths shall be placed on surfaces beneath demolition activity; • 4. When removing cementitious ACCM-containing materials on building exteriors the employer shall ensure that the following work practices are followed:
• Cutting, abrading or breaking, shall be minimized to the smallest extent possible unless the employer can demonstrate that methods less likely to result in asbestos fiber release cannot be used.
• Trace-asbestos containing material shall be sprayed with amended water prior to removal. • When removing gaskets, fillers or joints containing trace-ACCM, the employer shall ensure that the following work practices are followed:
• 1. If a gasket is visibly deteriorated and unlikely to be removed intact, removal shall be undertaken within a glovebag or a mini-enclosure
• 2. The gasket shall be immediately placed in a disposal container. • 3. Any scraping to remove residue must be performed wet. • When performing any other Class II removal of trace-ACCM material for which specific controls have not been listed, the employer shall ensure that the following work practices are complied with.
• 1. The material shall be thoroughly wetted with amended water prior to and during its removal. • 2. The material shall be removed in an intact state unless the employer demonstrates that intact removal is not possible.

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• 3. Cutting, abrading or breaking the material shall be reduced to the minimum possible unless the employer can demonstrate that methods less likely to result in asbestos fiber release are not feasible.
• 4. Waste material containing trace asbestos after removed, shall be immediately bagged or wrapped, or kept wetted until transferred to a closed receptacle, no later than the end of the work shift.
• The demolition debris generated by this job must be waste profiled (analyzed using the C alifornia DTSC method) and must be transported to a disposal site appr oved for this type of waste as directed by the CAC,
• Each truck-load of demolition waste shall include a letter signed by the Asbestos Consultant as required by the San Bernardino Land Use Sevices Department or similar. • In the event the ongoing demolition of the Site building basement does not take place, confirmed ACCM should be managed in accordance with an Asbestos Operations and Maintenance (O&M) Program prepared by an environmental consultant that is familiar with A CCM and its management, such as Ecologics.

7.0 LIMITATIONS
Only minor demolition of materials (destructive sampling) , which limited the inspection for suspect materials, was employed during the asbestos survey . Thus, additional suspect materials could be present in between or below concrete slabs, voids, and other concealed areas. If any suspected ACM, that are not listed in the PLM analytical results summary table (Table 1), are identified during the demolition processes, the owner or contractor should employ a n AHERA-certified building inspector to obtain representative analytical results, or as an alternative, they should handle and dispose of these materials as assumed ACM and follow all federal OSHA and Cal -OSHA requirements for protecting workers and building occupants.

Only components in the areas identified by the sampling data sheets were surveyed and no other materials/areas were included in this report.

9.0 WARRANTY
The conclusions presented in this report are professional opinions based on the indicated data described in this report. Opinions and recommendations presented here apply to site conditions existing at the time of the site visit(s). Changes in the conditions of the property may occur with time due to natural processes or various activities on the subject property. Changes in applicable codes and standards may also occur as a result of legislation and the opinions or interpretations of regulatory agencies as well as the broadening of knowledge. Accordingly, this report may become invalid. We do not warrant that the information supplied to us by others is accurate. This asbestos survey was not intended to be a definitive study of the presence of asbestos at the subject property. Other locations of asbestos may exist at the subject property and the levels may vary from those stated in this report. There may be variations in the composition of materials, which appear similar. Materials may be hidden from view and not accessible. Hypothetical examples include insulation, tars or mastics hidden under concrete slabs, and not detected by our typical examination of the area, an abandoned length of

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insulated pipe hidden below concrete or below ground, an asbestos-cement sewer or drain pipes in walls, under slabs or underground, etc. Even pre-demolition surveys involve examinations of the structure in several locations, not pulling up all of the materials everywhere - the kind of work which would constitute demolition work, not survey work. Insulation on sink or drain bottoms is typically not sampled. Location and sampling of underground items, such as asbestos-cement pipes, would have been outside of this scope of work.

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SITE PHOTOS

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SITE CHARTS

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APPENDIX A

SURVEY TEAM CERTIFICATIONS

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APPENDIX B

LABORATORY REPORT, CHAIN-OF-CUSTODY FORM FOR ACM SAMPLES, AND LABORATORY’S NVLAP CERTIFICATE

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After

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ITEM NO. 9

STAFF REPORT

DATE: AUGUST 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: AFFIRM ONGOING EMERGENCY AT AGUA MANSA POWER
PLANT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Confirm ongoing emergency condition 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), authorizing emergency contracting for repairs and waive the formal competitive bidding process.

BACKGROUND

On June 18, 2 024, the Colton City Council, by vote of 5 to 0 ratified the existence of an emergency regarding the inoperability of Agua Mansa Power Plant (AMPP) and authorized emergency repairs pursuant to the authority granted in Section 3.08.130 (A) of the Colton Municipal Code and California Public Contract Code, Section 22050.

These code sections require the City Council to affirm the existence of the emergency by 4/5 vote at every Council meeting, until the repairs are completed.

During a recent routine inspecti on, 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 esti mated to be 9 Packet Pg. 229
Staff Report to the Mayor and City Council
Ongoing Emergency - AMPP
August 20, 2024

Page 2 ends

as high as $29,000,000.

ISSUES/ANALYSIS

Given the significant financial 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 has executed agreements with ProEnergy Services, LLC to overhaul the City’s gas turbine and simultaneou sly lease a gas turbine to bring AMPP back into market as quickly as practicable.

3.08.130 (A), which with Council concurrence allows for dispatching with the formal bidding requirements and therein allowing the City to ente r into agreement with P roEnergy Services for overhaul of the City’s engine and the lease of a temporary engine to power AMPP. The leased engine is on a weekly basis at a rate of $110,000. It is estimated the City will need the leased engine for approximate ly 13 weeks for a total of $1,430,000. The overhaul and repairs to the City’s engine have an estimated not to exceed 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.

The City’s engine was removed from AMPP on June 19, and transported to the repair depot in Houston, Texas. The engine remains in the re pair depot and is currently being overhauled.

Concurrently, the leased engine was installed with the commissioning and test fire having occurred the week of July 8. With the successful completion of the install, commissioning and test fire, AMPP is temporarily placed back into market and available for dispatch.

FISCAL IMPACTS

Sufficient appropriations are available in the FY2024 -25 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.
9 Packet Pg. 230

Colton City CouncilAugust 20, 2024

Colton City Council
August 20, 2024