Agenda packet — Colton City Council, September 17, 2024 (part 2 of 4)

4.1.6.3) The following mitigation measure has been identified:

4.1.1 Construction Perimeter Fencing. Prior to the start of construction, the construction contractor shall submit project plans to the City for review and approval that include specifications to: 1) install a 6-foot high, opaque fence around the perimeter of the project site; 2) lock the fence during nonconstruction hours; and 3) locate equipment staging areas outside of public viewsheds.

2. Biological

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Colton City Council Resolution No. R-93-24
DAP-001-453 – Specific Plan Amendment (Colton’s Reche Canyon Specific Plan) September 17, 2024 – Page 9 of 10

3. Cultural Resources

4. Energy Regulatory

5. Geological and Soils

6. Hazardous and Hazardous Materials

7. Hydrology and Water Quality Regulatory Compliance

8. Noise

9. Transportation / Traffic

10. Tribal Cultural Resources

11. Wildfire
SECTION 4. Based on the entire record before the Planning Commission of the City of Colton, all written and oral evidence presented has been considered and reviewed, and the Commission finds that the Specific Plan Amendment is consistent with State law and will promote the public health, safety and welfare.

SECTION 5. The Specific Plan Amendment is consistent with the General Plan in its entirety, but specifically Land Use Element Goal LU-XX and Policies LU-XX to LU-XX that pertain directly to the Reche Canyon Specific Plan.

SECTION 6. The Planning Commission of the City of Colton, in accordance with the California Environmental Quality Act (CEQA), has found, on the basis of a Program Environmental Impact Report (EIR) prepared to assess environmental impacts of the project that determined that the project would not create unavoidable significant adverse impacts on the environment (i.e., air quality and public services (parks) and therefore a Statement of Overriding Considerations will not applicable.

SECTION 7. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the Planning Commission hereby recommends approval to the City Council of the Specific Plan Amendment as presented to the Commission.

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

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

PASSED, APPROVED AND ADOPTED this ___day of September, 2024.

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Colton City Council Resolution No. R-93-24
DAP-001-453 – Specific Plan Amendment (Colton’s Reche Canyon Specific Plan) September 17, 2024 – Page 10 of 10
FRANK NAVARRO, Mayor
ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

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ORDINANCE NO. O-12-24

A RESOLUTION OF THE OF THE CITY OF COLTON PLANNING

COMMISSION RECOMMENDING TO THE CITY COUNCIL THE

APPROVAL OF AN AMENDMENT TO THE RECHI CANYON SPECIFIC

PLAN TO CHANGE THE LAND USE DESIGNATION FROM ESTATE
DENSITY (RESIDENTIAL) TO COMMERCIAL (FILE INDEX NO: DAP001-453).

WHEREAS, local governments are authorized by Government Code section 65350 et seq. to prepare, adopt and amend general plans; and
WHEREAS, the proposed Specific Plan Amendment will change the land use designation from Estate Density (Residential) to Commercial for property located at 2501 Reche Canyon Road Assessor Parcel Numbers 0284-211-70, 71, 72; 1178-371-27; and WHEREAS, the staff report accompanying this resolution is found to be true, adopted as Findings and incorporated in this resolution; and
WHEREAS, the Specific Plan Amendment was reviewed, studied, and found to comply with the California Environmental Quality Act (“CEQA”), as more fully described below; and WHEREAS, on September 17, 2024, the City Council of the City of Colton (“City Council”) held a duly noticed public hearing at which time all persons wishing to testify in connection with the application were heard and the application was fully examined.

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

SECTION 1. Based on the entire record before the City Council of the City of Colton, all written and oral evidence presented has been considered and reviewed, and the Commission finds that the Specific Plan Amendment is consistent with State law and will promote the public health, safety and welfare.

SECTION 2. The Specific Plan Amendment is consistent with the General Plan in its entirety, but specifically Land Use Element Goal LU-1, LU-3, LU-9 and Policies LU-5.6, LU-9.3, and LU-9.8 that pertain to commercial .

SECTION 3. The City Council of the City of Colton, in accordance with the California Environmental Quality Act (CEQA), has found, on the basis of a Program Environmental Impact Report (EIR) prepared to assess environmental impacts of the project that determined that the project would not create unavoidable significant adverse impacts on the environment (i.e., air quality, traffic, and public services (parks). Because there are no unavoidable significant adverse impacts on the environment a Statement of Overriding Considerations is not applicable for this project. However, the project does Table 1.D. organized with a summary of the project impacts, mitigation measures, and the level of significance of each impact following the application of identified mitigation measures.

SECTION 4. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the Planning Commission hereby recommends approval to the City Council of the Specific Plan Amendment as presented to the Commission (Exhibit A).

City Council Alternative Action
Attachment 16, 2024

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Colton City Council Ordinance No. O-12-24
DAP-001-453 – Specific Plan Amendment (Reche Canyon Specific Plan) September 17, 2024 – Page 2 of 2
SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

SECTION 6. Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of Said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.

PASSED, APPROVED AND ADOPTED THIS____ DAY OF SEPEMBER 2024.

FRANK J. NAVARRO
Mayor
ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk
APPROVED AS TO FORM:

Best Best & Krieger, LLP
City Attorney

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RESOLUTION NO. R-94-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON TO

AMEND THE GENERAL PLAN LAND USE ELEMENT CHANGING THE LAND USE OF PARCELS 0163-172-48 FROM GENERAL COMMERCIAL TO MIXEDUSE DOWNTOWN (FILE INDEX NO. DAP-001-453).

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

SECTION 1. The City Council hereby adopts the recitals and findings set forth and in the agenda report prepared in connection with this Ordinance.

SECTION 2. General Plan Consistency. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report and the findings made in this Ordinance, the City Council hereby finds and determines that the proposed Amendment to the General Plan Land Use Element is consistent with the goals and policies of the City of Colton General Plan and is reasonably related to the public welfare of the citizens of the City and surrounding regions. Specifically, the surrounding land uses are compatible with the proposed Land Use change from General Commercial to Mixed-Use Downtown.

SECTION 3. The General Plan Land Use Element, is herby amended amending parcels 0163-172-48 from General Commercial to Mixed-Use Downtown within Exhibit-A of this Resolution.

SECTION 4. If any sentence, clause or phrase of this Resolution is for any reason held to be unconstitutional or otherwise invalid, such decisions shall not affect the validity of the remaining provisions of this Resolution.

SECTION 5. Pursuant to the California Environmental Quality Act (“CEQA”), an Initial Study was prepared of the potential environmental effects of the project. Based on the findings contained in that Final Environmental Impact Report / Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Final Environmental Impact Report was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Final Environmental Impact Report of the project for 2501 Reche Canyon Drive and 645 South 7th Street as recommended for adoption in R-10-24; and
City Council Alternative Action
Attachment 17, 2024

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Colton City Council Resolution No. R-94-24
DAP-001-453 for 645 South 7th Street
September 17, 2024

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SECTION 6. The City Clerk shall certify the adoption of this Resolution.

SECTION 7. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED on this ___ day of ______, 2024. ___________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________

STEPHANIE VARGAS
Deputy City Clerk

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ORDINANCE NO. O-15-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND SECTION 18.06.020 (OFFICIAL ZONING MAP) CHANGING PARCELS 0163-172-48 FROM C-2 (GENERAL COMMERCIAL) TO M-U/D (MIXED-USE DOWNTOWN) OF TITLE 18 OF THE COLTON MUNICIPAL CODE (FILE INDEX NO. DAP-001-453)
WHEREAS, on September __, 2024, the City Council of the City of Colton ("City Council") conducted a duly noticed public hearing and adopts Zone Change No. DAP-001-453 changing parcels 0163-172-48 from C-2 (General Commercial) to M-U/D (Mixed-Use Downtown) of title 18 of the Colton Municipal Code (the “Municipal Code”); and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. The City Council hereby adopts the recitals and findings set forth and in the agenda report prepared in connection with this Ordinance. a. That the proposed change of zone is in conformity with the General Plan of the City; the existing General Plan Land Use Element is also proposed to be amended with regard to the subject area from General Commercial to Mixed-Use Downtown.

Therefore, the proposed zone change will be in conformity with the Colton General Plan and recently approved South Colton Livable Corridor Plan. b. That there is a need in the community for more of the types of uses permitted by the zone; the proposed zone will provide an opportunity for an residential development, specifically a converted warehouse use to residential use that will serve a need in the community and will provide additional housing for the City. c. That the proposed change of zone would not adversely affect the surrounding area or the community in general; the proposed zone change area is currently surrounded by residential and commercial land use designations. The proposed change in land use would not adversely affect the surrounding area in that the proposed mixed-use use will be compatible and consistent with the existing surrounding uses.

SECTION 2. General Plan Consistency. Based on the entire record before the City Council hereby recommends approval and adopts the Zone Change and the General Plan Amendment No. DAP-001-453, in substantially the form attached hereto as Exhibit “A.1.” and Exhibit “B.1.”, which is incorporated by reference and adopt Final Environmental Impact Report and Mitigation Monitoring Report attached hereto as part of Planning Commission Resolution R-10-24.

SECTION 3. Section 18.06.020 (Official Zoning Map), is herby amended changing parcels 0163-172-48 from C-2 (General Commercial) to M-U/D (Mixed-Use Downtown) of title 18 of the Colton Municipal Code (the “Municipal Code”).

SECTION 4. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decisions shall not affect the validity of the remaining provisions of this Ordinance.

City Council Alternative Action
Attachment 18, 2024

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Colton City Council Ordinance No. O-15-24
DAP-001-453 for 645 South 7th Street
September 17, 2024

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SECTION 5. Pursuant to the California Environmental Quality Act (“CEQA”), an Initial Study was prepared of the potential environmental effects of the project. Based on the findings contained in that Final Environmental Impact Report / Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Final Environmental Impact Report was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Final Environmental Impact Report of the project for 2501 Reche Canyon Drive and 645 South 7th Street as recommended for adoption in R-XX-24; and
SECTION 6. Certification/Publication. The City Clerk shall certify to the passage of the Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation published and circulated in the City of Colton.

SECTION 7. This Ordinance shall become effective thirty (30) days after its adoption in accordance with the provisions of California law.

PASSED, APPROVED AND ADOPTED on this ___ day of ______, 2024. ___________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________

STEPHANIE VARGAS
Deputy City Clerk

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Colton City Council Ordinance No. O-15-24
DAP-001-453 for 645 South 7th Street
September 17, 2024

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RESOLUTION NO.___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON TO

AMEND THE GENERAL PLAN LAND USE ELEMENT CHANGING THE LAND USE OF PARCELS 0163-172-48 FROM GENERAL COMMERCIAL TO MIXEDUSE DOWNTOWN (FILE INDEX NO. DAP-001-453).

WHEREAS, on _____, 2024, the City Council of the City of Colton ("City Council") adopted the City of Colton General Plan Land Use Element (an Amendment to the City of Colton General Plan); and
WHEREAS, the Land Use Element of the General Plan includes Goals and Policies for the orderly development of land uses in the City of Colton; and WHEREAS, on June 11, 2024, the Planning Commission of the City of Colton ("Planning Commission") conducted a duly noticed public hearing and recommended that the City Council adopt a General Plan Amendment No. DAP-001-453 to amend the Land Use Element of the General Plan, to specifically amend parcels 0163-172-48 from General Commercial to Mixed-Use Downtown; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. The City Council hereby adopts the recitals and findings set forth and in the agenda report prepared in connection with this Ordinance.

SECTION 3. The General Plan Land Use Element, is herby amended amending parcels 0163-172-48 from General Commercial to Mixed-Use Downtown.

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Colton City Council Ordinance No. O-15-24
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September 17, 2024

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the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Final Environmental Impact Report was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Final Environmental Impact Report of the project for 2501 Reche Canyon Drive and 645 South 7th Street as recommended for adoption in R-10-24; and
PASSED, APPROVED AND ADOPTED on this ___ day of ______, 2024. ___________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________

STEPHANIE VARGAS
Deputy City Clerk

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RESOLUTION NO. R-95-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON APPROVING CONDITIONAL USE PERMIT (DAP-001-453) TO ALLOW A 24-HOUR, GASOLINE

SERVICE STATION, DRIVE-THROUGH CAR WASH, AND CONVENIENCE STORE,

AND AN ARCHITECTURAL AND SITE PLAN REVIEW TO APPROVE THE SITE

PLAN, SITE IMPROVEMENTS, LANDSCAPING PLANS, AND ARCHITECTURAL

ELEVATIONS FOR THE PROPOSED RETAIL SALES (INDOORS), CONVENIENCE

STORE, AND GASOLINE SERVICE STATION WITH DRIVE-THROUGH CAR WASH ON PROPERTY MEASURING APPROXIMATELY 2.90 ACRES LOCATED AT 2501 RECHE CANYON ROAD. (FILE INDEX NO. DAP-001-453)
WHEREAS, a Conditional Use Permit to allow a 24-hour, gasoline service station, drivethrough car wash, and convenience store, and an Architectural and Site Plan Review to approve the site plan, site improvements, landscaping plans, and architectural elevations for the proposed retail sales (indoors), convenience store, and gasoline service station with drive-through car wash on property measuring approximately 2.90 acres located at 2501 Reche Canyon Road. (APN: 0284- 211-70, 71, 72, 1178-371-27); and
WHEREAS, on June 11, 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 recommended for denial; and
WHEREAS, September ___, 2024, the 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 approved by the City Council, subject to findings and conditions of approval within; and WHEREAS, A Final Environmental Impact Report (EIR), State Clearinghouse No. 2019039115, with appropriate findings and Mitigation Monitoring and Reporting Program pursuant to Section 15070 and 15074 of the Guidelines of the Environmental Quality Act (CEQA); and WHEREAS, Pursuant to the California Environmental Quality Act (“CEQA”), an Initial Study was prepared of the potential environmental effects of the project. Based on the findings contained in that Final Environmental Impact Report / Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Final Environmental Impact Report was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Final Environmental Impact Report of the project for 2501 Reche Canyon Drive and 645 South 7th Street as recommended for adoption in R-10-24; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:

City Council Alternative Action
Attachment 19, 2024

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SECTION 1. The recitals above are true and correct and are incorporated into this Resolution by reference as findings of fact.

SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council, in accordance with the Colton Municipal Code, makes the following findings for approval of the Conditional Use Permit (DAP001-453):

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

A. Goal LU-1: Achieve a balance of land use types that create diverse opportunities for housing, employment, commerce, recreation, and civic engagement, in that the new commercial development will provide a more balanced land use type by adding new gasoline station with car wash and additional neighborhood retail opportunities for the surrounding City and County residential areas.

B. Goal LU-3: Ensure a strong and diversified economic base to provide for fiscal stability and sustainability, in that the commercial project clusters gasoline services to expand both gasoline and electric charging services to the neighborhood and provides additional commercial services such as added self-service car wash. The project is one that may lead to a stronger and more diversified economic base and provide additional landscaping, equestrian trail surrounding the new commercial use, and completion of several street improvements including adding two traffic signals, street paving, curb, gutter, sidewalks and new landscaping.

C. Policy LU-5.6: Require detailed air quality and climate change analyses for all applications that have the potential to adversely affect air quality and incorporate the analyses into applicable CEQA documents.

Projects with the potential to generate significant levels of air pollutants and greenhouse gases, such as manufacturing facilities and site development operations, shall be required to incorporate mitigation into their design and operation, and to utilize the most advanced technological methods feasible in that the project is Draft EIR includes air quality and greenhouse gas (Climate Change) analyses. The analysis show that no mitigation measures are required.

D. Policy LU-5.7: Work with the South Coast Air Quality Management District and the Southern California Association of Governments to implement the Air Quality Management Plan (AQMP) and Regional Transportation Plan/Sustainable Communities Strategy, with the objective of meeting federal and state air quality standards for all

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pollutants. To ensure that new measures can be practically enforced in the region, participate in future amendments and updates of the AQMP in that the project is consistent with Air Quality Management District and Regional Transportation Plans / SCS Plans as shown in Section 4.3.6.1 of the Final EIR adopted by Resolution R-10-24.

E. Goal LU-9: Maintain a diverse mix of commercial uses that benefit the community in terms of needed commercial services, tax revenue, and employment opportunities, in that the proposed commercial project provides a mix of commercial uses compatible with the surround existing gasoline services, restaurant and retail commercial uses just south of the subject property along Reche Canyon Drive. The proposed gas station/carwash with 24-hour services for gas services and reduced hours for carwash services would offer goods and alternative services for the residents of Colton and to existing pass by traffic that is partially provided by existing gasoline services with small retail store within the Reche Canyon Specific Plan Area. The new commercial will also include substantially more onsite landscaping, an equestrian trail, and several street improvements for the area along Reche Canyon Road and Old Reche Canyon Road.

F. Policy LU‐9.3: Encourage a unified architectural character in commercial areas, and vigorously enforce commercial land use standards, including but not limited to landscaping, signage, and property maintenance to enhance the visual appearance of the City’s commercial areas, in that the proposed commercial project includes a rural / farm style architecture compatible with the Reche Canyon Specific Plan including the development of street, sidewalk, landscaping, trails, two traffic signals, and other improvements to the area.

2. That the proposed Use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; the proposed use is similar and consistent with existing commercial uses within the Reche Canyon Community and will be required to comply with all City Codes, obtain permits, comply with Mitigation and Monitoring Reporting Program and complete inspections prior to final permit approvals. Conditions have been placed on the project that will address public health, safety or welfare or materially injurious situations to properties or improvements in the vicinity of the project location.

3. That the proposed use complies with each of the applicable provisions of this title; The use conforms to the requirements of the Colton Zoning Code, as conditioned.

The subject property is proposed to be zoned Commercial within the Reche Canyon Specific Plan and the proposed use is subject to approval of the proposed Final Environmental Impact Report which includes Mitigation Monitoring and Reporting Program and zoning entitlements which include the conditions of approval for the project.

SECTION 3. Based on the entire record before the City Council and all written and oral

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evidence presented, including the staff report, the City Council, in accordance with the Colton Municipal Code, makes the following findings for approval of the Architectural and Site Plan Review:

1. The provisions for vehicular parking and for vehicular and pedestrian circulation on the site, and onto adjacent public right-of-way will not create safety hazards; The proposed gas station/carwash and commercial building will provide adequate circulation and parking for the use. The site provides 67 standard parking spaces and handicapped accessible parking spaces that exceeds the 51 parking space requirement.

2. The bulk, location and height proposed will not be detrimental or injurious to other development in the neighborhood or will result in the loss of or damage to unique natural or topographic features of the site that are important to the environmental quality of life for the citizens of Colton, and the development is feasible in a manner that will avoid such detrimental or injurious results or such loss or damage; The proposed gas station/carwash meets all the requirements, as conditioned, of the C-2 (General Commercial) Zone and the proposed project will not create any significant environmental impacts affecting the citizens of Colton or those working in the adjacent commercial zones that would result in any significant impacts related to air quality, water quality, noise, or traffic.

3. The provisions for on-site landscaping do provide adequate protection to neighboring properties from detrimental features of the proposed development that could be avoided by adequate landscaping; The proposed project will provide new landscaping on the site that measures approximately percent of the site which exceeds the minimum 15 percent zoning code requirements not required for projects in Reche Canyon Commercial Districts. The project commercial buildings are also low-profile single story averaging a height of 20 feet. The range of the building height is 17 feet to 26 feet. The 26 feet areas are architectural features for building designs that are designed to be balanced with the architecture of the building which are averaging around 20 feet in height. No windows or other customer access faces the residential properties located to the west of the project site along Old Reche Canyon Drive.

4. The provisions for exterior lighting are adequate for human safety and will not diminish the value and/or usability of adjacent property; The project site is will be improved with on-site lighting and proposed to provide lighting on the proposed new gasoline canopy, convenience store, car wash and overall parking and site plan of the proposed commercial development. A photometric drawing is required for review and approval as part of the Building Permit Plan Check process as included in Condition No. __ of this Planning Commission Resolution.

5. The exterior design of the buildings and structures will not be injurious or detrimental to the environmental or historic features of the immediate neighborhood in which the proposed development is located and will not cause irreparable damage to property in the neighborhood, to the City and to its citizens; The project site, street, and traffic signals and other improvements for the

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Commercial Project will be designed to comply with all City building and fire codes. The project street improvements will also be required to comply with all Public Works street standards and requirements. The project improvements will beautify the area and provide traffic calming to the area in providing needed traffic improvements along Reche Canyon Drive and Old Reche Canyon Drive.

6. The proposed development will not impose an undue burden upon off-site public services, including sewer, water and streets, which conclusion shall be based upon a written report of the City Engineer; and there is no provision in the capital works program of the City to correct the specific burden within a reasonable period after the development will be completed; The project is required to meet all requirements of the Colton Public Works Department including reconstructing missing or broken, chipped, or otherwise damaged street improvements consisting of curb, gutter, sidewalk, A.C. pavement, driveway approaches, handicap access ramps, streetlights, street trees, street signs, and roadway striping, etc., as per City of Colton Standard Specifications and other federal, state and local codes.

SECTION 4. Based upon the findings set forth in Section 2 and 3 of this Resolution, the City Council hereby recommends approval of Final Environmental Impact Report and Mitigation Monitoring and Reporting Program as approved within Resolution No. R-XX-24.

SECTION 5. Based upon the findings set forth in Sections 2, 3, and 4 of this Resolution, the Planning Commission hereby approves Conditional Use Permit and Architectural & Site Plan Review, DAP-001-453, subject to the attached conditions of approval (Exhibit “A”).

SECTION 6. This action by the Planning Commission shall be final unless an appeal of the action is filed with the City Clerk’s office in writing, pursuant to Section 18.58.100 of the Colton Municipal Code.

SECTION 7. This land use entitlement shall become null and void if not exercised within one (1) year of this approval and the applicant has not been granted an extension of time by the Planning Commission, pursuant to Section 18.58.070 of the Colton Municipal Code.

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

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

PASSED, APPROVED AND ADOPTED this ___day of September, 2024.

FRANK NAVARRO, Mayor

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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 # DAP-001-453

HOLD HARMLESS
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 (909) 370-5079

1. This approval is for a Conditional Use Permit and Architectural & Site Plan Review (File Index No. DAP-001-453) to allow a 24-hour, gasoline service station, drive-through car wash, and convenience store, and an Architectural and Site Plan Review to approve the site plan, site improvements, landscaping plans, and architectural elevations for the proposed retail sales (indoors), convenience store, and gasoline service station with drivethrough car wash on property measuring approximately 2.90 acres located at 2501 Reche Canyon Road.

2. 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.

3. All signs shall require a separate permit and conform to the Sign Code.

4. The site operations shall be subject to the following:

A. The site shall be developed and maintained consistent with the approved plans and the conditions of approval.

B. The premises shall be kept clean and the operator of the establishment shall ensure that no trash or litter originating from the site is deposited onto the neighboring properties or onto the public right-of-way.

5. Separate submittals and permits are required for all accessory structures such as but not limited to, trash enclosures, patios, light standards, and storage buildings.

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6. The project must comply with the City of Colton Municipal Code Section Performance Standards Title 18 (Zoning Code), Chapter 18.42 includes: Fire and explosion hazards; electrical interference; noise; vibration; smoke; odors; air quality; light; glare; liquid; and solid waste.

7. The project must also comply with all requirements of the Reche Canyon Specific Plan including all Commercial, Street, Landscaping and other Trail Design requirements of the project. The terminus of Old Reche Canyon Drive will include a new landscape and street improvement plan that will also require review and approval by the City Engineer or designee and Development Services Director or designee.

8. The hours of operation shall remain as currently operating as follows: The gas station and convenience market may operate 24 hours a day, 7 days a week. The carwash shall operate from 7 a.m. to 8 p.m., 7 days a week. These hours of operation shall remain in effect unless otherwise amended by the granting of a modification of this Development Permit Application for the Conditional Use Permit (File Index No. DAP-001-453) by the Planning Commission of the City of Colton.

9. The Applicant and/or Property Owner shall comply with all requirements of all reviewing agencies and shall comply with all applicable local, state, and federal rules, laws and regulations.

10. During grading and construction phases, the construction manager shall serve as the contact person in the event that dust or noise levels become disruptive to surrounding businesses and residential neighborhood. A sign shall be posted at the project site with the contact phone number during construction.

11. Gas meters, backflow prevention devices and other ground-mounted mechanical or electrical equipment installed by the developer shall be inconspicuously located and screened, as approved by the Development Services Director. Location of this equipment shall be clearly noted on landscape construction documents.

12. Electrical and other service facilities shall be located within an interior electrical room or approved comparable location. All electrical service facilities shall be totally screened from public view, as approved by the Planning Division.

13. The applicant shall submit a separate landscape plan that shows all of the landscaping and irrigation for the subject site for issuance of a building permit. All proposed landscaping shall be subject to review and approval by the Development Services Director.

14. The applicant shall underground all new utilities and utility drops.

15. This land use entitlement shall become null and void if not exercised within one (1) year of this approval.

16. Security and surveillance shall be provided on premises 24 hours a day, 7 days a week, subject to review and approval by the Police Department.

CODE COMPLIANCE (909) 370-5114

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18. Landscaping: Property manager or tenant will maintain all approved landscaping in good condition, including but not limited to adequate irrigation, mowing of grass, and replacing dead trees and shrubs. Above ground landscaping controls or backflow valves will be secured in a locked metal cage to prevent theft or vandalism.

19. 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.

20. Litter/Graffiti: The exterior of the business and areas adjacent to the business over which they have control, including all signs and accessory buildings and structures, shall be always maintained free of litter and graffiti. 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 color-matching paint. The expectation for graffiti cover up is an appearance that graffiti never existed.

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

22. 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 so as 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.

23. General Parking: Parking lot shall be maintained in accordance with Title 18 of the Colton Municipal Code, zoning ordinance requirements for paving and striping. Parking shall include the required amount of Disabled parking to ADA specifications and dimensions. All parking lot entrances will be posted in compliance with Vehicle Code 22658 which minimally includes: A substantive statement prohibiting public parking, states vehicles will be towed at owner’s expense, references Vehicle Code 22658, and must be a minimum of 17”X 22” with a minimum of 1” letters. In addition, the sign will indicate the name of the private towing company and phone number above the police department name and phone.

24. Disabled Parking: All disabled parking spaces will comply with Americans with Disabilities Act (ADA) requirements and Vehicle Code 22511.8. In addition, disabled parking will be clearly indicated by all three indicia: 1.) blue wheel stop and/or curb, 2.) blue sign with white wheelchair symbol at head of space, and 3.) blue field with wheelchair symbol and blue striping painted on the ground. All parking lot entrances will be posted in accordance with Vehicle Code 22511.8(d).

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25. Storage: Parking and trash areas will not be used for storage of hazardous materials, including but not limited to tires, waste oil, and inoperable or unregistered vehicles. Property manager or tenant shall promptly abate hazardous materials or inoperable vehicles. General exterior storage areas will be screened from public view.

26. Signage: Applicant will fully comply with Colton Municipal Code18.50 Sign Ordinance as amended. Temporary promotional signs require a permit and must be authorized by Development Services prior to display. Refer to code for additional signage permitting and requirements.

27. 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.

28. 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.

29. Right of Access: Permittee shall grant “right of access” to the City of Colton and its employees or agents for the purposes of monitoring compliance with these Conditional Use Permit conditions, patrolling, investigating crimes, and enforcing laws and ordinances on the subject property. Permittee shall grant “right of access” to the City of Colton and its employees or agents to remove graffiti and to determine if the applicant is in compliance with these conditions.

BUILDING & SAFETY (909) 370-5079

30. The above project shall comply with the current California Codes (CBC, CEC, CMC and the CPC) as well as city ordinances. All new projects shall provide a soils report as well.

Plans shall be submitted to the Building & Safety Division as a separate submittal.

31. Prior to final inspection, all plans shall be submitted electronically for reference and verification. Plans will include “as built” plans, revisions and changes. Digital Files will also include Title 24 energy calculations, structural calculations and all other pertinent information. It will be the responsibility of the developer and or the building or property owner(s) to bear all costs required for this process. Digital files will be presented to the Building & Safety Division for review prior to final inspection and building occupancy.

Digital files will become the property of the Colton Building & Safety Division at that time.

In addition, a site plan showing the path of travel from public right of way and building to building access with elevations will be required.

SUSTAINABILITY DIVISION (909) 370-5132

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32. General Conditions and Requirements: Label on plans recycling, organics, and trash containers in an enclosure to meet this square footage needs. Trash enclosure should meet the City of Colton’s recent updated enclosure guidelines. Complete the City of Colton Commercial Site and Building Recycling Plan application. Comply with Chapter 6.16 – GARBAGE, REFUSE, AND RECYCLING of the City’s Municipal Code. a) The applicant for any development activity subject to this chapter shall, as a condition of approval of that application, submit for review and approval a completed site and building recycling plan to the City's Building and Safety Division. The site and building recycling plan shall be based upon the application form of the building and safety department and consists of two (2) components (site plan and building recycling plan). The plan shall include the location and design of all existing and proposed recycling and trash enclosures, design of site access points for solid waste and recycling collection vehicles and a design of the grading of the site, operational criteria for the proposed use of the property and capacity requirements for the waste generation of the building. In October of 2014 Governor Brown signed AB 1826 Chesbro (Chapter 727, Statutes of 2014), which requires businesses to recycle their organic waste on and after April 1, 2016, depending on the amount of waste they generate per week. Organic waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. This law phases in the mandatory recycling of commercial organics over time, with the minimum threshold of organic waste generation by businesses decreasing over time. This chapter establishes the City of Colton Commercial Organic Waste Recycling Program.
b) The provisions of this chapter shall apply to all businesses as defined in the mandatory organics recycling law, which defines a business as a commercial or public entity (such as a school or hospital) including multifamily residential dwellings (5 units or more), that generates a specified amount of organic waste within the city limits (multifamily dwellings are not required to have a food waste diversion program). A business that meets the waste generation threshold shall engage in one of the following organic recycling activities:
- Source separate organic waste from other waste and participate in a waste recycling service provided through the City’s waste hauler that includes collection and recycling of organic waste.
- Recycle its organic waste on site, or self-haul its organic waste off site for recycling.
- Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste

33. Landscape plans shall comply with Water Conservation as noted below.

A. Please meet the City’s ordinance for Water conservation Landscape design - https://library.municode.com/ca/colton/codes/code_of_ordinances?nodeId=TIT13UT_ CH13.30WAEFLAOR_13.30.100LADEPL

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B. Abide by the City’s Tree palate as specified in the Urban Forestry Management Planhttp://www.coltononline.com/DocumentCenter/View/4004. The table below lists acceptable species.

FIRE DEPARTMENT (909) 370-6146

34. Access roadways (minimum 26 feet clear width) shall be provided in accordance with the City’s Municipal Code.

35. The development shall conform with all the requirements of the city of Colton’s Municipal Code requiring on-site fire protection prior to construction.

36. The proposed facility's use and/or operations shall be designed and maintained in accordance with the 2021/2022 editions of the International Fire and Building Codes / California Fire and Building Codes (Title 24).

37. A fire alarm system designed; installed and maintained in accordance with National Fire Protection Association's Standard #72 (N.F.P.A. 72) shall be provided. Detailed drawings with supporting calculations shall be submitted to the fire department for review, approval and permit issuance, and prior to the installation.

38. A municipal water supply system (public fire hydrants) shall be provided, capable of providing the required fire flow for the proposed type of construction. The minimum fire flow for this project shall be g.p.m. (Fire flow will be calculated when construction type is known or applicant can refer to Appendix B of the California Fire Code). Proof of a flow test will be required. Please contact the Fire Department for further direction if needed.

39. On-site fire hydrants may be required for this project and installed prior to construction.

Detailed drawings with supporting calculations shall be submitted to the Fire Department/Fire Safety Division for review, approval, and permit issuance prior to installation. Please submit a Fire Department access plan that shows locations of all nearby hydrants.

40. An engineered automatic fire sprinkler system is required for this project. Detailed drawings and calculations shall be submitted to the fire department for review, approval and permit issuance, and prior to installation.

GENUS SPECIES COMMON NAME
Koelreuteria K. bipinnata Chinese Flame
Zelkova Z. serrata Sawleaf Zelkova
Ulmus Ulmus parvifolia Chinese Elm
Gleditsia Gleditsia triacanthos Thornless Honey Locust
Quercus Q. palustris Pin Oak
Quercus Q. rubra Red Oak
Quercus Q. shumardi Shumard Oak
Quercus Q. lobata Valley Oak
Sapindaceae Koelreuteria paniculata Goldenrain Tree
Pistacia Pistachia chinensis Chinese Pistache
Tabebuia Tabebuia avellanedae Ipe-roxo

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41. Premise identification shall be provided in accordance with the City’s' Security Ordinance #0-13-89, Section XIV (residential), Section XV (commercial). Premise identification shall be contrasting to their background, a minimum 12” height and minimum 1 1/2” stroke with Arabic numbers or alphabet letters and internally illuminated by means of a low voltage power source during the hours of darkness.

42. Where access to or within a structure is restricted due to secured openings, a "Knox" rapid entry key system will be required. The key box or switch shall be in an accessible location, within 15’ of the main entrance with the top of the box no higher than 6’ above ground or as determined by the Fire Department.

43. If temporary fencing is used to enclose the construction site, at least two (2) means of unobstructed access must be installed and maintained in locations as to give maximum access to all parts of the site, and in accordance with the Fire Departments' requirements.

44. Visible hazard identification signs (placards) in accordance with the International Fire Code and as specified by N.F.P.A 704 shall be provided and placed at the entrances to locations where hazardous materials are stored, dispensed, or used in quantities.

45. A Fire Department Permit will be required for your operations in accordance with Section 105 of the International Fire Code. The fire permit shall be obtained from the Fire Safety Division of the Fire Department.

46. Portable fire extinguishers shall be required for this project. Size, type, and locations shall be determined by the fire department's field inspector.

47. Fire Department Notes shall be placed directly on the plans showing the following deferred submittals. Deferred plan submittals to the Fire Department and separate permits from the Fire Department are required on the following:
a. automatic fire suppression/sprinkler systems
b. fire alarms
c. onsite fire mains and fire hydrants
d. protected aboveground fuel storage tanks / dispensing. e. High-piled storage
f. Chem class disclosure

48. All fences constructed adjacent to fuel modification areas, as determined by the fire chief, shall be of non- combustible materials as defined by the International Building Code.

49. Chapter 6.95 of the California Health and Safety Code requires that facilities that handle hazardous materials or generate hazardous wastes must comply with hazardous material disclosure laws. a "business emergency /contingency plan" will be required for this project prior to occupancy.

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50. The applicant shall comply with all Fire Department requirements as noted during the business occupancy process. (B.O.P.)

51. A Fire Department Access Plan will be required showing at a minimum:
o Existing street hydrants and proposed yard fire hydrants (Minimum 40’ from building)
o Locations of proposed PIV, FDC, OS&Y (Minimum 40’ from building) o Access road location
o Roadway weight capacity
o All turning radiuses and grades
o Signage detail and location (Red Curbs, Entrance Sign, Fire Lane, Gates, etc) a. Gates shall be identified if they are manually or electrically operated. If manual specify the gate will be provided with a Knox Lock; if electrical specify and show location of the Knox over-ride switch.

52. This project is in a designated VHFHSZ and will require a fuel modification plan. A fuel modification plan is a separate submittal directly to the Fire Department for plan review and permitting. Place a Fire Department Note on the plans listing Fuel Modification Plan as a deferred submittal to the Fire Department.

PUBLIC WORKS DEPARTMENT (909) 370-5065
A. STREET IMPROVEMENTS

1. Submit to the City Public Works and Utility Services Department a street improvement plan (including signing and striping), prepared by a licensed civil engineer. The scale of this plan shall be no less than 1” = 40’.

2. Submit to the City Public Works & Utility Services Department the final parcel map for review and approval.

3. Construct any chipped, broken, or otherwise damaged street improvements consisting of curb, gutter, sidewalk, A.C. pavement, driveway approaches, handicap access ramps, streetlights, street signs, and roadway striping, etc., as per the approved Street Improvement Plans and City of Colton Standard Specifications.

4. All project fronting improvements must meet ADA accessibility standards.

5. The Developer shall landscape and maintain all parkway and unpaved areas within the public right-of-way fronting the project. An Irrigation system with automatic sprinklers shall be installed within any landscaped open space areas, including between the sidewalk and the property at the right-of-way line.

6. The developer is responsible for reaching out to Omnitrans regarding any proposed bus stop improvements within the public right-of-way fronting the site.

7. Merge all four (4) lots via a Parcel Map in accordance with the Subdivision Map Act (SMA).

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8. In accordance with Section 15.22 (Floodplain Management Regulations) of the City of Colton Municipal Code, the applicant shall be responsible for submitting a Conditional Letter of Map Revision (CLOMR) directly to FEMA to revise the floodplain maps as the site or portions of the site are within varying flood zones of the Flood Insurance Rate Map (FIRM). Additionally, the applicant shall comply with Section 15.22 of the municipal code to ensure the public health, safety, and general welfare of the City’s citizenry.

9. Any plans for public improvements within an adjacent jurisdiction must be concurrently submitted to that jurisdiction for review and approval as well. The project’s public improvement plans will need the signature title block of the adjacent jurisdiction(s) and the City.

10. The Developer shall construct all traffic public improvements and be responsible for the applicable traffic fair share fees as identified in the Traffic Impact Study prepared by LSA dated June 2023. The construction requirement includes but is not limited to the installation of two (2) Traffic Signals at the developer’s full upfront financial cost located at Reche Canyon Road/Crystal Ridge Lane and Reche Canyon Road/Old Reche Canyon Road. For the latter signal, the developer can enter into a reimbursement agreement in accordance with CMC 12.32.110 – Reimbursement for oversized or prior to constructed improvements to be reimbursed for applicable and city approved non-fair share costs; however, the developer shall be responsible for fronting all upfront costs prior to City Building Occupancy Permit.

B. GRADING

1. Submit to the City Public Works Department a preliminary grading plan of a scale of 1” = 20’ prepared by a civil engineer registered in the State of California.

2. Submit to the City Public Works Department a final grading plan of a scale of 1” = 20’ prepared by a civil engineer registered in the State of California. The grading plan shall include a topographic contour map of the site and 15 feet beyond the property lines, with a one-foot contour interval. This contour map shall be prepared within the last 12 months.

3. The property’s street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City of Colton for review prior to the recordation of the final map.

4. Offsite drainage facilities shall be located within publicly dedicated drainage easements obtained from the affected property owner(s). The document(s) shall be recorded and a copy submitted to the City of Colton prior to recordation of the final map.

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5. Submit to the City Engineering Department a separate Erosion Control plan of a scale of 1” = 20’ prepared by a civil engineer registered in the State of California.

The final drainage plan shall be a 4 mil mylar, which the City Engineer will sign and retain at the City Engineer Office for record.

6. Owner/Developer shall notify adjacent property owners about the impact of the proposed development on drainage configuration of existing adjacent properties.

Such notification shall be pre-approved by the City Engineer. These drainage issues shall be resolved prior to issuance of a grading permit.

7. The 10-year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right-of-way. When either of these criteria is exceeded, additional drainage facilities shall be installed.

8. Submit a letter to the Office of the City Engineer certifying that the owner is responsible for complying with the National Pollutant Discharge Elimination System Ordinance, during and after construction. In the letter, the following statement shall be included:
“No contaminated water shall be allowed to discharge on sidewalks, gutter, storm drains, parkways and driveways at any time.”

9. File a Notice of Intent and obtain an NPDES Construction Activity General Permit from the State Regional Water Quality Control Board and submit a copy of each to the Engineering Division. Ensure that Best Management Practices (BMPs) are followed, per NPDES requirements to reduce storm water runoff during construction and thereafter. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris into downstream properties or drainage facilities.

10. Submit a Storm Water Pollution Prevention Plan (SWPPP), which specifies Best Management Practices (BMPs) that will prevent all construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off site into receiving waters for review.

11. Submit to the City Public Works Department a preliminary and final Water Quality Management Plan.

12. Submit to the City Public Works Department a preliminary and final hydrology study.

13. The applicant shall submit a final Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to reduce the pollutants into the storm drain system prior to issuance of grading permit. Forms are available at the City of Colton Public Works Department

14. Submit final drainage/hydrology study calculations and a hydraulic analysis for both developed and undeveloped conditions to the City of Colton for review and approval. All of the drainage shall drain into the public right-of-way and not impact

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surrounding properties, or a drainage easement acceptance letter from the adjacent landowner must be obtained.

C. WATER AND WASTEWATER REQUIREMENTS

1. Submit to the City Public Works Department a proposed utility plan.

2. The development shall meet all the requirements as set forth by the water/wastewater department for water and pre-treatment facilities.

3. All construction shall conform to the current edition of the specifications for public works construction (green book), and the current standards and specifications of the City of Colton Water / Wastewater Department.

D. FEES

1. A Plan Check fee for all improvement plans for the proposed development shall be paid prior to plan checking proceedings in accordance with the fee schedule in effect at the time the fees are paid.

2. Public Works Inspection fee and permits are required prior to construction within the project site and the public right of way.

3. If necessary, a Traffic Signal Mitigation fee shall be paid, prior to the issuance of building permits.

4. All development impact fees shall be paid prior to the occupancy of the building.

E. IMPROVEMENT PLANS AND FINAL MAP

1. Improvement Plans for the proposed development shall be prepared as a separate set of drawings for each of the following categories:
a) Rough Grading/ Precise Grading and Plot Plan
b) Street Plan and Striping Plan
c) Landscaping Plan
d) Water and Sewer Utility Plan

2. The Developer shall repair any areas of existing improvements that become damaged during any phase of construction of the project, as determined by the Office of the City Engineer. The contractor working in the right-of-way must submit proof of a Class “A” Contractor License, City of Colton Business License, and liability insurance.

3. Submit a Rough and Precise Grading Plan to the City for review and approval. All of the grading shall conform to the latest edition of the Uniform Building Code (U.B.C.) and the grading permit must be obtained prior to the commencement of

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any grading activity. Submit a soil analysis report prepared by a licensed engineer, along with a grading plan

4. Submit a copy of the Title Report to the Engineering Division.

5. All plans, including grading plans shall be drawn on 24” x 36” 4 mil Mylar.

6. Final Map shall be accompanied by closure calculations, vesting deeds, title report and record maps of adjoining properties.

7. Original drawings shall be revised to reflect As-Built conditions by the Design Engineer prior to final acceptance of the work by the City. Water service lines, water meters, sewer laterals and electric, irrigation lines, etc., within the street rightof-way and 5’ outside of the street right-of-way shall be shown on the As-Built Water/Sewer Plans. Construction plans for gas, telephone, electric and cable TV etc., shall be submitted to the City for records.

8. A small index map shall be included on the title sheet of each set of plans, showing the overall layout of the public improvements.

9. Contact all affected agencies, (Army Corps of Engineers, California Department of Fish & Game, Regional Water Quality Control Board, and San Bernardino County Flood Control & Water Conservation District, etc.), and obtain the necessary approvals with regards to the proposed development. Submit copies of correspondence with the agencies to the Engineering Division.

10. Submit improvement plans to all affected utilities, including the Gas Company, Cable Companies, Verizon California, etc., and transmit correspondence to the Engineering Division.

11. The applicant shall prepare a final parcel map or a common access agreement.

F. CONSTRUCTION & MAINTENANCE OF PUBLIC IMPROVEMENTS

1. Vehicular access shall be maintained at all times to all parts of the proposed development, where construction work is in progress, for emergency vehicles.

2. All precautions shall be taken to prevent washouts, undermining and subsurface ponding, caused by rain or runoff to all surface structures (curbs, gutters, sidewalks, paving, etc.). The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests, etc. or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional work, testing, etc., shall be at the expense of the Developer.

3. All required public improvements shall be completed, tested and approved by the Engineering Division prior to the issuance of any Certificate of Occupancy.

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4. In accordance with section 9.27-190(E) of the City of Colton Municipal Code, the after shall immediately remove any graffiti present before, during, and after construction.

G. STUDIES & REPORTS

1. Submit a soils report prepared by a registered geologist or soils engineer. This report should be based on soil samples taken from the site and should analyze the existing geotechnical conditions of the site to determine if the existing soil is adequate for the development and safe from hazardous or deleterious materials. The report should also satisfactorily address the compaction and soil stability characteristics of the site. The number of soil borings performed on the site shall be strategically located throughout the site.

2. The applicant shall submit a final Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to reduce the pollutants into the storm drain system prior to issuance of grading permit.

Forms are available at the City of Colton Public Works Department.

3. Submit drainage/hydrology study calculations and a hydraulic analysis for both developed and undeveloped conditions to the City of Colton for review and approval.

All of the drainage from each individual lot shall drain into the public right-of-way and not impact surrounding properties, or a drainage easement acceptance letter from the adjacent landowner must be obtained.

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INTRODUCE BY TITLE ONLY AND PASS FIRST READING OF AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON
TO AMEND SECTION CHAPTERS 18.04 AND 18.06 OF TITLE 18
(ZONING) OF THE COLTON MUNICIPAL CODE RELATED TO

MODIFYING, ADDING OR AMENDING DEFINITIONS,

PERMITTED USES, IN THE LIGHT INDUSTRIAL ZONE AND
ADMINISTRATION, ORDINANCE NO. O-10-24.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Introduce for first reading and pass by title only: O-10-24, An Ordinance of the City Council of the City of Colton to amend Chapters 18.04 and 18.06 of Title 18 (Zoning) of the Colton Municipal Code related to Definitions, Permitted Uses, in M-1 (Light Industrial) Zone and Administration (File Index No. DAP24-0005).

BACKGROUND
Following a duly noticed public hearing conducted by the Planning Commission on July 23, 2024, the Commission voted 3-1-1 (3 Approved, 1 Denies, 1 Abstained) to approve 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 located in the M-1 (Light Industrial) / Sensitive

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Zoning Text Amendment Automobile Impound Yards
September 17, 2024

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Development Area Overlay (SDA) Zone on a site measuring approximately 1.2 acres in area (see Attachment 1).

Site Description
The location of the tow yard project, 280 Fogg Street, is outlined below:

The irregularly shaped, flat in topography project site is currently undeveloped. The site is located along the southern side of Fogg Street, adjacent to an existing tow yard to the west, US Auctions to the north, industrial uses to the south, and residential to the east. The existing residential uses are located in the Industrial Zone and considered legal nonconforming because the existing zoning does not permit single family residences as a primary use.

ISSUES/ANALYSIS

ZONING TEXT AMENDMENT
The proposed Zoning Code Text Amendment pertains to allowing an Automobile Impound Yard in the M-1 (Light Industrial) Zone. This code amendment includes a definition and Conditional Use Permit (CUP) requirement for Automobile Impound Yards within the M-1 (Light Industrial) Zone. Ordinance No. 10-24 (see attachment 2) includes the proposed Zoning text changes recommended by the Planning Commission for consideration by the City Council.

FOGG ST
Project
Site

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SURROUNDING LAND USES / COMPATIBILITY
The proposed automobile impound yard will be compatible with the surrounding industrial businesses. There are a variety of industrial uses in the surrounding vicinity, including a new industrial building (US Auctions) to the north, industrial uses to the south, automobile impound yard to the west, and trucking and single-family residences to the east. The proposed automobile impound yard has the appropriate setbacks and meets the development standards, ensuring that this project will be compatible with the surrounding industrial uses. The proposed landscaping to the front enhances the appearance of the property. The site will provide adequate internal circulation with parking along the front with access from Fogg Street. The area surrounding the site does not have landscaping or improvements, however, some projects have been recently approved and conditioned to provide landscaping along the frontage and make street improvements.

ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (“CEQA”), the project is categorically exempt under Article 5, Section 15060 (c)(2) and Article 19, Section 15332 (In-Fill), Class 32 of the State CEQA Guidelines. For the proposed text amendment, the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Projects characterized as in-fill developments meet the following conditions: The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

Pursuant California Environmental Quality Act (CEQA) 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.

FISCAL IMPACTS
The zoning text amendment will allow an additional industrial use and increased tax revenue for the City in the form of sales tax generated from battery sales, tires, and other automobile parts as part of the Tow Business and property tax will be increased with overall site improvements.

ALTERNATIVES
Provide alternative direction to staff.

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ATTACHMENT

1. Attachment 1- PC Agenda Meeting Minutes

2. Attachment 2- PC Resolution- CUP

3. Attachment 3- PC Resolution- Ordinance

4. Attachment 4_CC Ordinance O-10-24

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CITY OF COLTON

PLANNING COMMISSION AGENDA

MEETING MINUTES
COUNCIL CHAMBERS, 650 NORTH LA CADENA DRIVE, COLTON, CA 92324 REGULAR MEETING –TUESDAY, 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-foothigh 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 located 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 theCity ofColton 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 CityCouncil. 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-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)
WHEREAS, 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 located in the M-1 (Light Industrial) Zone, Sensitive Development Area (SDA) on a site measuring approximately 1.2 acres in area located at 280 Fogg Street – APN’s: 0163-301-04, 05, 06, 07, 08, 09; 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, pursuant to California Environmental Quality Act, has found that the project will not have a significant impact on the environment and is Categorically Exempt from CEQA under Article 5, Section 15060 (c)(2) and Article 19, Section 15332 (In-Fill), Class 32 of the State CEQA Guidelines. For the proposed text amendment, the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Projects characterized as in-fill developments meet the following conditions: The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; and 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 for the Conditional Use Permit in this Resolution, the Planning Commission hereby finds that:

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

A. General Plan Update Policy LU‐3.5: “Establish a list of commercial and industrial uses that are needed in the City, and work towards bringing those businesses to Colton.” The site is located within the M-1 (Light Industrial)/SDA (Sensitive Development Area Overlay) zone. The automobile impound yard use will create new jobs and provide local

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revenue for the City. Once the new business is established with the City further benefits related to City contracts will also be realized for the applicant and the City with this added business.

B. General Plan Update Policy LU-11.3: “Increase and diversify local employment opportunities, and retain and accommodate industrial development that is compatible with City Objectives for safety, environmental and visual quality, and employment and revenue generation.” The automobile storage yard use is a substantial improvement from the previous owner’s unpermitted use of land. This proposal will continue with the positive development pattern occurring in the neighborhood with new developments approved across street in US Auction, which is under construction. The proposed automobile impound yard is a conditionally permitted use in the M-1 (Light Industrial) zone with approval of the text amendment and has also been conditioned with Community Facilities District requiring the applicant shall annex to Community Facilities District (CFD) No. 2021-1 for Public Safety Operations and to Community Facilities District (CFD) No. 2021-2 for Maintenance Services for public facilities and public safety operations. The project will improve current street improvements with new landscaping, sidewalk, and street asphalt consistent with recent approvals.

2. That the proposed Use, together with the conditions applicable thereto will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; The proposed automobile impound yard will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity for the following reasons:

A. The proposed use hours of operation for the proposed office business are acceptable for the industrial location of the subject site and the surrounding properties. Hours of operation are like the surrounding businesses.

B. The proposed business is located in an area of the City that consists of a significant amount of industrial and open space resources uses resulting in the proposed use is compatible with the immediate surrounding areas, including an existing automobile impound yard business to the west.

C. Conditions have been placed on the proposed use, which will mitigate any potential impacts created by the use (i.e., landscaping and screening of outdoor storage) and will ensure that the use does not negatively affect the surrounding industrial area.

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

3. That the proposed Use complies with each of the applicable provisions of this title; The proposed use conforms to the requirements of the Colton Zoning Code, as conditioned. The proposed automobile impound yard will utilize a new industrial building and will comply with the development standards of the M-1 (Light Industrial) Zone. The M-1 (Light

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Industrial) zone permits automobile impound yard uses, subject to approval of a Conditional Use Permit, with approval of the text amendment.

SECTION 2. Based on the entire record before the Planning Commission and all written and oral evidence presented, and the findings made for the Architectural and Site Plan Review in this Resolution, the Planning Commission hereby finds that:
a. The provisions for vehicular parking and for vehicular and pedestrian circulation on the site, and onto adjacent public right-of-way will create safety hazards; In that the proposed project will require five parking spaces and is designed with 8 parking spaces to accommodate employees. The on-site vehicle parking is designed with adequate dimensions, drive aisles and adequate access from Fogg Street. The Traffic Engineer reviewed and approved the Traffic Impact Analysis (TIA) scoping agreement, Vehicle Miles Traveled (VMT) Assessment per the City of Colton’s Guidelines, and Trip Generation Analysis.
b. The bulk, location and height proposed will be detrimental or injurious to other development in the neighborhood or will result in the loss of or damage to unique natural or topographic features of the site that are important to the environmental quality of life for the citizens of Colton, and the Project is feasible in a manner that will avoid such detrimental or injurious results or such loss or damage; The proposed building will meets the development standards for the M-1 (Light Industrial). The applicant will occupy a vacant site and the proposed project will not create any significant environmental impacts affecting the citizens of Colton in that the proposed project is of the scale, location and design that it will not create any significant impacts related to air quality, water quality, noise, parking or traffic because the site will be developed with a new structure and provide new landscaping on site.
c. The provisions for exterior lighting are either inadequate for human safety or will diminish the value and/or usability of adjacent property; All lighting will be required to meet light and glare shielding requirements of the Zoning Code. The building is existing and meets the development standards for the M-1 (Light Industrial). The applicant is proposing a new structure with site improvements in that the proposed project is of the scale, location, and design is adequate for human safety, as the project will meet the California Building Code. Furthermore, the project is conditioned to meet all lighting requirements and accessible paths.
d. The exterior design of the buildings and structures will not be injurious or detrimental to the environmental or historic features of the immediate neighborhood in which the proposed project is located and will cause irreparable damage to property in the neighborhood, to the City and to its citizens; The proposed new structure and site improvements will comply with the M-1 (Light Industrial) zone development standards.

The project will not be injurious or detrimental to the environment in that the proposed use will not use hazardous materials in that the applicant will submit plans for plan check to be

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consistent with the California Building Code for compliance. The project site is not located within a City of Colton Historic District.
e. The proposed project will impose an undue burden upon off-Site public services, including sewer, water and streets, which conclusion shall be based upon a written report of the City Engineer; and there is no provision in the capital works program of the City to correct the specific burden within a reasonable period after the project will be completed. The proposed project is for an automobile impound yard and will be improved and utilize existing infrastructure in place to address any provision for public services, it will not create a burden for the City to complete any improvements within its Capital Improvement Program.

SECTION 3. Before approving a proposed Development, the Commission must find that the following conditions are satisfied for projects within an SDA Overlay Zone:

1. That the proposed development is in conformance with the goals, policies and land use designations in the General Plan for that area; As previously mentioned, the proposed automobile impound yard facility is consistent with the following General Plan Update Goals and Objective Policies:
 General Plan Update Policy LU‐3.5: “Establish a list of commercial and industrial uses that are needed in the City, and work towards bringing those businesses to Colton.” The site is located within the M-1 (Light Industrial)/SDA (Sensitive Development Area Overlay) zone. The automobile impound yard use will create new jobs and provide local revenue for the City. Once the new business is established with the City further benefits related to City contracts will also be realized for the applicant and the City with this added business.
 General Plan Update Policy LU-11.3: “Increase and diversify local employment opportunities, and retain and accommodate industrial development that is compatible with City Objectives for safety, environmental and visual quality, and employment and revenue generation.” The automobile storage yard use is a substantial improvement from the previous owner’s unpermitted use of land. This proposal will continue with the positive development pattern occurring in the neighborhood with new developments approved across street in US Auction, which is under construction. The proposed automobile impound yard is a conditionally permitted use in the M-1 (Light Industrial) zone with approval of the text amendment and has also been conditioned with Community Facilities District requiring the applicant shall annex to Community Facilities District (CFD) No. 2021-1 for Public Safety Operations and to Community Facilities District (CFD) No. 2021-2 for Maintenance Services for public facilities and public safety operations. The project will improve current street improvements with new landscaping, sidewalk, and street asphalt consistent with recent approvals.

2. That the proposed development will not impose significant noise, traffic, air quality, aesthetic or other environmental impacts on adjacent or nearby residential neighborhoods that cannot be mitigated to a level of insignificance. The proposed building will meets the development standards for the M-1 (Light Industrial). The applicant

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will occupy a vacant site and the proposed project will not create any significant environmental impacts affecting the citizens of Colton in that the proposed project is of the scale, location and design that it will not create any significant impacts related to air quality, water quality, noise, parking or traffic because the site will be developed with a new structure and provide new landscaping on site.

3. That the proposed development meets all requirements of this title for similar developments permitted by right. With approval of the Text amendment, the proposed new structure and site improvements will comply with the M-1 (Light Industrial) zone development standards. The project site will be located adjacent to an existing Automobile Impound Yard to the west.

SECTION 4. The Planning Commission of the City of Colton, in accordance with the California Environmental Quality Act, has found that the project will not have a significant impact on the environment and is Categorically Exempt from CEQA under Article 5, Section 15060 (c)(2) and Article 19, Section 15332 (In-Fill), Class 32 of the State CEQA Guidelines. For the proposed text amendment, the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Projects characterized as in-fill developments meet the following conditions: The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

SECTION 5. Based upon the findings set forth in Sections 1, 2, 3 and 4 of this Resolution, the Planning Commission hereby approves Conditional Use Permit and Architectural & Site Plan Review, DAP24-0005, subject to the attached conditions of approval (Exhibit “A”).

SECTION 8. The Secretary shall certify the adoption of this Resolution.

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

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Planning Commission Chairperson
Richard Prieto
ATTEST:

Planning Commission Secretary
Heidi Duron
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: Prieto, Peters, Escarcega
NOES: Baden
ABSENT: Grossich
ABSTAIN:

Planning Commission Secretary
Heidi Duron

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EXHIBIT “A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE FOLLOWING CONDITIONS OF APPROVAL FOR PLANNING CASE # DAP24-0005.

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 (909) 370-5079

2. This approval is to allow operate an Automobile Impound Yard (Tow Yard) within a new 2,400 square-foot building with 33,000 square feet of outdoor storage area and site improvements throughout the project site located in the M-1 (Light Industrial) Zone, Sensitive Development Area (SDA), on a site measuring approximately 1.2 acres in area. by the Development Services Department, except as amended by the conditions herein.

3. 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.

4. Automobile impound operations shall not include truck and trailer or container storage on site.

5. Automobile impound operation shall not exceed parking provided for automobile storage on the site. Parking driving aisles and fire access plan shall be met at all times.

6. All signs shall require a separate permit and conform to the Sign Code.

7. The site operations shall be subject to the following:

A. The site shall be developed and maintained consistent with the approved plans and the conditions of approval.

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8. Separate submittals and permits are required for all accessory structures such as but not limited to, trash enclosures, patios, light standards, and storage buildings.

9. This establishment must comply with the City of Colton Municipal Code Section Performance Standards Title 18 (Zoning Code), Chapter 18.42 includes: Fire and explosion hazards; electrical interference; noise; vibration; smoke; odors; air quality; light; glare; liquid; and solid waste.

10. The hours of operation shall be as follows: The proposed automobile impound yard will be open to the public from 8:00 am until 5:00 pm Monday thru Friday, with a walkup window, closed on Saturday and Sunday

11. A landscape and irrigation plan shall be provided that shall include landscaping along Fogg Street located in front of the existing screen fence prepared by a registered landscape architect shall be provided, subject to review and approval through Building Plan Check review process.

12. A separate submittal and permit shall be required for a new 6-foot high trash enclosure to comply with all City Trash and Recycling Enclosure Design Guide requirements.

13. The Applicant and/or Property Owner shall comply with all requirements of all reviewing agencies and shall comply with all applicable local, state, and federal rules, laws and regulations.

14. This action by the Planning Commission shall be final unless an appeal of the action is filed with the City Clerk’s office in writing, pursuant to Section 18.58.100 of the Colton Municipal Code.

15. The applicant is required to obtain a Business Occupancy Permit (BOP) and Business License prior to the start of operation.

16. Gas meters, backflow prevention devices and other ground-mounted mechanical or electrical equipment installed by the developer shall be inconspicuously located and screened, as approved by the Development Services Director. Location of this equipment shall be clearly noted on landscape construction documents.

17. Electrical and other service facilities shall be located within an interior electrical room or approved comparable location. All electrical service facilities shall be totally screened from public view, as approved by the Planning Division.

18. The applicant shall underground all new utilities and utility drops to proposed new office building.

19. This land use entitlement shall become null and void if not exercised within one (1) year of this approval and subject to revocation process of the City if not extended.

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20. Prior to issuance of the first building permit, the applicant shall annex to Community Facilities District (CFD) No. 2021-1 for Public Safety Operations and to Community Facilities District (CFD) No. 2021-2 for Maintenance Services for public facilities and public safety operations, as provided by Section 53313 of the Mello Roos Community Facilities Act of 1982. The applicant shall make a non-refundable deposit toward the cost of CFD annexation, as applicable.

BUILDING & SAFETY (909) 370-5079

21. The above project shall comply with the current California Codes (CBC, CEC, CMC and the CPC) as well as city ordinances. All new projects shall provide a soils report as well.

Plans shall be submitted to the Building & Safety Division as a separate submittal.

22. Prior to final inspection, all plans shall be submitted electronically for reference and verification. Plans will include “as built” plans, revisions and changes. Digital Files will also include Title 24 energy calculations, structural calculations and all other pertinent information. It will be the responsibility of the developer and or the building or property owner(s) to bear all costs required for this process. Digital files will be presented to the Building & Safety Division for review prior to final inspection and building occupancy.

Digital files will become the property of the Colton Building & Safety Division at that time.

In addition, a site plan showing the path of travel from public right of way and building to building access with elevations will be required.

SUSTAINABILITY DIVISION (909) 370-5132

23. General Conditions and Requirements: Label on plans recycling, organics, and trash containers in an enclosure to meet this square footage needs. Trash enclosure should meet the City of Colton’s recent updated enclosure guidelines. Complete the City of Colton Commercial Site and Building Recycling Plan application. Comply with Chapter 6.16 – GARBAGE, REFUSE, AND RECYCLING of the City’s Municipal Code. a) The applicant for any development activity subject to this chapter shall, as a condition of approval of that application, submit for review and approval a completed site and building recycling plan to the City's Building and Safety Division. Recycling plan now must meet current State law requiring showing organics as part of the recycling plan. - The trash enclosure must label all bins for trash, organics and recycling. Please label the current enclosure design on plans.

Enclosure guide
(https://www.ci.colton.ca.us/DocumentCenter/View/6791/Colton-SpaceEnlosure-Guidelines-with-Organics---FINALx?bidId=)

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24. Abide by the City’s Tree palate as specified in the Urban Forestry Management Planhttp://www.coltononline.com/DocumentCenter/View/4004. The table below lists acceptable species.

FIRE DEPARTMENT (909) 370-6146

25. The project shall comply with all requirements set forth by the California Code of Regulations Title 24 Parts 1-12 respectively.

26. The adopted edition of the California Code of Regulations, Title 24, Parts 1 through 12, and the Colton Municipal Code shall apply at the time the architectural plans are submitted for construction permits.

27. Prior to the issuance of a grading permit or construction permits a fire department access plan shall be submitted to Colton Fire Department for review and approval. Grading or construction permits shall not be issued until the fire department access plan has been approved by Colton Fire Department.

28. A Fire Department access roadway, minimum 20 feet in width, shall be provided that extends to within 150 feet of all portions of the new structure.

29. The Fire Department access roadway shall be designed, constructed, and maintained to support the imposed loads of Colton fire apparatus with a total weight of 75,000 pounds. The road shall be constructed to provide all-weather driving capabilities, shall have an inside turning radius of 20 feet and an outside turning radius of 40 feet, and shall have provisions for turning around fire apparatus (turnarounds or hammerheads), where the fire access road is a dead end.

30. For gated openings, information such as the location, type of gate (swinging or sliding) dimensions, and method of operation (manual or electric) shall be noted on the fire department access plan. Gated openings shall be not less than 13 feet clear width, with a vertical clearance of not less than 13 feet 6 inches, including landscaping and/or trees. Gates shall be located a minimum of 46 feet from any major street.

31. A Knox key switch or padlock shall be provided on gates (depending on method of operation) and shall be installed four to five feet above the roadway surface at the right side of the access gate, in a conspicuous location.

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32. If the new building is more than 400 feet from a fire hydrant on a public road, an on-site fire hydrant capable of providing the minimum required fire flow for the proposed type of construction is required and shall be installed prior to construction. Detailed drawings with supporting calculations shall be submitted to the Fire Department for review, approval, and permit issuance prior to installation. The minimum fire flow for this project of 1,500 GPM for 2 hours is required in accordance with Appendix B and C of the California Fire Code. Proof of a recent (within 6 months) fire flow test will be required when applying for a building permit.

Please contact the Fire Department for further information if needed.

33. Premise identification shall be provided in accordance with the City’s' Security Ordinance #0- 13-89, Section XV (commercial). Premise identification shall be contrasting to their background, a minimum 12” height and minimum 1 1/2” stroke with Arabic numbers or alphabet letters and internally illuminated by means of a low voltage power source during the hours of darkness.

34. If temporary fencing is used to enclose the construction site, at least two means of unobstructed access must be installed and maintained to give maximum access to all parts of the site, and in accordance with Fire Department requirements.

35. Portable fire extinguishers are required for this project. Size, type, and locations shall be determined by the Fire Department's field inspector.

36. All interior/exterior utility doors shall be marked to function (electrical room, etc.).

37. “Fire Department Notes” shall be placed directly on the plans showing the following deferred submittals (if applicable):
 On-site fire service mains and fire hydrants

38. The applicant shall comply with all Fire Department requirements as noted during the business occupancy process. (B.O.P.)

39. These Conditions of Approval shall be copied verbatim onto the architectural plans submitted for a building permit.

PUBLIC WORKS DEPARTMENT (909) 370-5065

STREET IMPROVEMENTS

40. Submit electronic and hard copies of street improvement plans for the off-site improvements (including signing and striping), prepared by a licensed civil engineer. The scale of this plan shall be no less than 1” = 40’.

41. All parkway and unpaved areas within the public right-of-way fronting the project shall be landscaped and maintained, including any open space areas and areas between the sidewalk and the right-of-way line. An automatic sprinkler system shall be installed along Fogg Street.

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42. Construct street improvements consisting of curb, gutter, sidewalk, A.C. pavement, driveway approaches, handicap access ramps, streetlights, street trees, street signs, and roadway striping, etc., as per the approved Street Improvement Plans and City of Colton Standard Specifications.

43. Reconstruct the existing half width road along Fogg Street fronting the site from the easterly property line to the westerly property line to ultimate right-of-way as a Local Street.

44. The Developer shall construct facilities to mitigate traffic impacts as identified by the traffic impact study and pay any applicable Traffic fair share contribution fees.

45. All project-fronting improvements must meet ADA accessibility standards.

46. The Developer shall install “No Stopping Any Time” R26(CA) signage along the property frontage along Fogg Street.

47. The proposed driveway approaches must meet City Standards.

48. Contact Omnitrans regarding any proposed Bus Stops and/or Bus Stop improvements fronting the site required as part of this development.

49. Since the project is under the building square feet threshold, it can be screened out for VMT; however, a Traffic Scoping Agreement still needs to be submitted for review.

50. Any proposed driveway approach(es) which front the site are to align with the approved plans on the north side of the street.

DRAINAGE

51. The property’s street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City of Colton for review prior to the recordation of the final map.

52. Offsite drainage facilities shall be located within publicly dedicated drainage easements obtained from the affected property owner(s). The document(s) shall be recorded and a copy submitted to the City of Colton prior to recordation of the final map.

53. The Storm Drain Plan for the proposed development shall be accompanied by hydrology and hydraulic analysis prepared by a licensed engineer and shall be designed per the San Bernardino County Hydrology Manual employing the rational method. The project may only discharge downstream an amount of storm run-off equivalent to the historic flow discharged prior to project development. The storm drain design shall incorporate the drainage from the existing tracts along the boundary of the proposed project. If required, all of the sheet flow shall be collected onsite in a detention/retention basin within the development and shown on the Final Map. The detention/retention basin and open space areas shall be landscaped and maintained by the Developer.

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54. Submit to the City Engineer’s Office the Drainage and Erosion Control plans for review and approval. These plans are to be prepared by a Civil Engineer registered in the State of California. Provide plan and profile for all storm drainage work.

55. Submit drainage/hydrology study calculations and a hydraulic analysis for both developed and undeveloped conditions to the City of Colton for review and approval. All of the drainage from each individual lot shall drain into the public right-of-way and not impact surrounding properties, or a drainage easement acceptance letter from the adjacent landowner must be obtained.

56. Owner/Developer shall notify adjacent property owners about the impact of the proposed development on drainage configuration of existing adjacent properties. Such notification shall be pre-approved by the City Engineer. These drainage issues shall be resolved prior to issuance of a grading permit.

57. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right-of-way. When either of these criteria is exceeded, additional drainage facilities shall be installed.

58. File a Notice of Intent and obtain an NPDES Construction Activity General Permit from the State Regional Water Quality Control Board (RWQCB) and submit a copy of each to the Public Works Department. Ensure that Best Management Practices (BMPs) are followed, per NPDES requirements to reduce storm water runoff during, construction and thereafter. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris into downstream properties or drainage facilities. Submit a Storm Water Pollution Prevention Plan (SWPPP) which specifies Best Management Practices (BMPs) that will prevent all construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off site into receiving waters for review.

59. If fill is proposed on the site as part of grading, then in accordance with Section 15.22 (Floodplain Management Regulations) of the City of Colton Municipal Code, the applicant shall be responsible for submitting a Conditional Letter of Map Revision (CLOMR) directly to FEMA to revise the floodplain maps as the site or portions of the site are within varying flood zones of the Flood Insurance Rate Map (FIRM). Additionally, the applicant shall comply with Section 15.22 of the municipal code to ensure the public health, safety, and general welfare of the City’s citizenry since the site is within FEMA flood zone AE. All building pad elevations shall be 1 foot above the flood plain.

GRADING

60. Submit to the City Public Works Department a separate Precise Grading Plan of a scale of 1” = 20’ prepared by a civil engineer registered in the State of California. The grading plan shall include a topographic contour map of the site and 15 feet beyond the property lines, with a one-foot contour interval. This contour map shall be prepared within the last 12 months prior to a grading permit approval. The final Precise Grading Plan shall be a 4 mil mylar, which the City Engineer will sign and retain at the City Engineer Office for record.

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61. Submit to the City Public Works Department a separate Precise Grading Plan of a scale of 1” = 20’ prepared by a civil engineer registered in the State of California. The grading plan shall include a topographic contour map of the site and 15 feet beyond the property lines, with a one-foot contour interval. This contour map shall be prepared within the last 12 months prior to a grading permit approval. The final Precise Grading Plan shall be a 4 mil mylar, which the City Engineer will sign and retain at the City Engineer Office for record.

62. A note shall be placed on the plan that states “All block walls and fencing shall be shown on the grading plan for reference only and shall be separately permitted by the City Building Department”

63. Place City Standards grading and drainage notes, including NPDES requirements on the grading plan.

64. A pad certification prepared by a licensed Civil Engineer registered in the State of California shall be submitted prior to issuance of building permits.

65. Prior to final project acceptance, the applicant shall submit an as-built set of grading plans.

No final will be authorized until as-builts are submitted to the Public Works Department.

66. Provide the Public Works Department with a separate Erosion Control plan of a scale of 1” = 20’.

67. The applicant shall submit a preliminary Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to reduce the pollutants into the storm drain system.

68. The applicant shall submit a final Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to reduce the pollutants into the storm drain system prior to issuance of a grading permit.

69. All parking lots shall be surfaced with A.C. to a minimum thickness of 4 inches over a minimum aggregate base of 6 inches or surfaced with P.C.C. with a minimum thickness of 6 inches over 3 inch aggregate base. These thicknesses may be waived upon submittal of an R value and pavement thickness testing and analysis submitted by a registered geologist or geotechnical engineer.

70. Submit a letter to the Office of the City Engineer certifying that the owner is responsible for complying with the National Pollutant Discharge Elimination System Ordinance, during and after construction. In the letter, the following statement shall be included: “No contaminated water shall be allowed to discharge on sidewalks, gutter, storm drains, parkways and driveways at any time.”

71. On-Site Precise Grading Plans shall be designed so that enough on-site truck queuing can be accommodated to prevent queuing overflow onto the public right of way.

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PROJECT DEVELOPMENT

72. No final inspection will be performed until all Public Works Department requirements pertaining thereto are in compliance.

73. Submit a Parcel map prepared by a Professional Land Surveyor, registered in the State of California, joining affected properties.

STUDIES & REPORTS

74. Submit a soils report prepared by a registered geologist or soils engineer. This report should be based on soil samples taken from the site and should analyze the existing geotechnical conditions of the site to determine if the existing soil is adequate for the development and safe from hazardous or deleterious materials. The report should also satisfactorily address the compaction and soil stability characteristics of the site. The number of soil borings performed on the site shall be strategically located throughout the site.

FEES

75. A small index map shall be included on the title sheet of each set of plans, showing the overall layout of the public improvements.

76. Contact all affected agencies, (Army Corps of Engineers, California Department of Fish & Wildlife, Regional Water Quality Control Board, and San Bernardino County Flood Control & Water Conservation District, etc.), and obtain the necessary approvals with regards to the proposed development. Submit copies of correspondence with the agencies to the Engineering Division.

77. Submit improvement plans to all affected utilities, including the Gas Company, Cable Companies, Verizon California, etc., prior to issuance of the Building Permit and transmit correspondence to the Engineering Division.

78. A Plan Check fee for all improvement plans and studies for the proposed development shall be paid prior to plan checking proceedings in accordance with the fee schedule in effect at the time the fees are paid.

79. Public Works Inspection Permits and fees are required prior to construction within the project site and the public right-of-way.

IMPROVEMENT PLANS AND FINAL MAP

80. Improvement Plans for the proposed development shall be prepared as a separate set of drawing for each of the following categories
a) Precise Grading Plan and Plot Plan
b) Street and Storm Drain Plans
c) Electrical Improvement Plan
d) Landscape Plan
e) Final Parcel Map

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81. Submit a Precise Grading Plan to the City for review and approval. All of the grading shall conform to the latest edition of the Uniform Building Code (U.B.C.) and the grading permit must be obtained prior to the commencement of any grading activity. Submit a soil analysis report prepared by a licensed engineer, along with a grading plan.

82. The Developer shall repair any areas of existing improvements that become damaged during any phase of construction of the project, as determined by the Office of the City Engineer.

The contractor working in the right-of-way must submit proof of a Class “A” Contractor License, City of Colton Business License, and liability insurance.

83. Submit a copy of the Title Report to the Engineering Division, not older than 90 days

84. All plans, including grading plans shall be drawn on 24” x 36” 4 mil Mylar.

85. Original drawings shall be revised to reflect As-Built conditions by the Design Engineer prior to final acceptance of the work by the City. Water service lines, water meters, sewer laterals and electric, irrigation lines, etc., within the street right-of-way and 5’ outside of the street right-of-way shall be shown on the As-Built Water/Sewer Plans. Construction plans for gas, telephone, electric and cable TV etc., shall be submitted to the City for records.

86. A small index map shall be included on the title sheet of each set of plans, showing the overall layout of the public improvements.

87. Contact all affected agencies, (Army Corps of Engineers, California Department of Fish & Wildlife, Regional Water Quality Control Board, and San Bernardino County Flood Control & Water Conservation District, etc.), and obtain the necessary approvals with regards to the proposed development. Submit copies of correspondence with the agencies to the Engineering Division.

88. Submit improvement plans to all affected utilities, including the Gas Company, Cable Companies, Verizon California, etc., prior to issuance of the Building Permit and transmit correspondence to the Engineering Division.

CONSTRUCTION & MAINTENANCE OF PUBLIC IMPROVEMENTS

89. All required water lines and fire hydrants shall be installed and made operable before any building permits for framing are issued. This may be completed in phases if the construction work is in progress for emergency vehicles.

90. Vehicular access shall be maintained at all times to all parts of the proposed development, where construction work is in progress, for emergency vehicles.

91. All precautions shall be taken to prevent washouts, undermining and subsurface ponding, caused by rain or runoff to all surface structures (curbs, gutters, sidewalks, paving, etc.).

The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests, etc. or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional work, testing, etc., shall be at the expense of the Developer.

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92. The Owner/Developer shall provide pavement condition index of the route/road (before and after the project) that will be used in hauling operation. If there is any deterioration after the completion of the project, the Owner/Developer shall be responsible for restoring the pavement to original condition or better.

93. All required public improvements shall be completed, tested, and approved by the Engineering Division prior to the issuance of any Certificate of Occupancy.

94. In accordance with § 9.27.190 (E) of the City of Colton Municipal Code, the applicant shall immediately remove any graffiti present before construction, during construction, and post construction.

CODE ENFORCEMENT/POLICE DEPARTMENT

95. Landscaping: Property manager or tenant will maintain all approved landscaping in good condition, including but not limited to adequate irrigation, mowing of grass, and replacing dead trees and shrubs. Above ground landscaping controls or backflow valves will be secured in a locked metal cage to prevent theft or vandalism.

96. 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.

97. Litter/Graffiti: The exterior of the business and areas adjacent to the business 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 fortyeight (48) hours with a color-matching paint. The expectation for graffiti cover up is an appearance that the graffiti never existed.

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

99. Exterior Lighting: All lightning 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 so as 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. 100. General Parking: Parking lot shall be maintained in accordance with Title 18 of the Colton Municipal Code, zoning ordinance requirements for paving and striping. Parking shall include the required amount of Disabled parking to ADA specifications and

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dimensions. All parking lot entrances will be posted in compliance with Vehicle Code 22658 which minimally includes: A substantive statement prohibiting public parking, states vehicles will be towed at owner’s expense, references Vehicle Code 22658, and must be a minimum of 17”X 22” with a minimum of 1” letters. In addition, the sign will indicate the name of the private towing company and phone number above the police department name and phone.
101. Disabled Parking: All disabled parking spaces will comply with Americans with Disabilities Act (ADA) requirements and Vehicle Code 22511.8. In addition, disabled parking will be clearly indicated by all three indicia: 1.) blue wheel stop and/or curb, 2.) blue sign with white wheelchair symbol at head of space, and 3.) blue field with wheelchair symbol and blue striping painted on the ground. All parking lot entrances will be posted in accordance with Vehicle Code 22511.8(d).
102. Storage: Parking and trash areas will not be used for storage of hazardous materials, including but not limited to tires, waste oil, and inoperable or unregistered vehicles. Property manager or tenant shall promptly abate hazardous materials or inoperable vehicles. General exterior storage areas will be screened from public view. 103. Signage: Applicant will fully comply with Colton Municipal Code18.50 Sign Ordinance as amended. Temporary promotional signs require a permit and must be authorized by Development Services prior to display. Refer to code for additional signage permitting and requirements.
104. 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.
105. 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.
106. Right of Access: Permittee shall grant “right of access” to the City of Colton and its employees or agents for the purposes of monitoring compliance with these Conditional Use Permit conditions, patrolling, investigating crimes, and enforcing laws and ordinances on the subject property. Permittee shall grant “right of access” to the City of Colton and its employees or agents to remove graffiti and to determine if the applicant is in compliance with these conditions.

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ELECTRIC DEPARTMENT
107. General Conditions and Requirements: (New Service) a. It has been determined that the City of Colton will provide service to this project. The project applicant/developer shall comply with all customer service policies and service requirements of the City of Colton Electric Utility Department.
b. The developer shall, when electric service is required, provide the Colton Electric Utility Department with all information necessary to determine the project’s electric distribution and service requirements, including continuous load calculations and single line diagram. Developer shall provide the electric site AUTOCAD plans to the Electric Department when a new service design is necessary. Send AUTOCAD plans to [email protected]
c. The Auto Cad plans shall include:
i. proposed building(s) foot print, existing utilities, utilities pole, proposed transformers, address, vicinity map, center lines, contact person, property / right of way lines, set back lines, station numbers, address, and assessor’s parcel number. 1”=20’ scale.
ii. For private property, plans shall show an easement covering the facilities located on their property.
iii. Plans shall include any notes pertaining to design/planning of electrical system.
iv. Customer / Developer shall email approved plan(s) and/or contact Electric Utility Planning/Engineering Department for any design / planning information
d. The developer shall, when required, and at their own expense, install all conduit and vault systems associated with underground electric line extensions and street-lighting as per the Electric Utility's approved design. If applicable, convert existing street lighting to marble streetlight. The developer shall pay all fees and charges associated with the Electric Utility’s cost to provide electric service, including underground and overhead line extensions and street-lighting. The developer shall provide utility easements for all existing and proposed utility owned electric facilities within private property. e. The developer is required to follow Colton Electric Utility Approved Electric Utility plan and meet all of Colton Electric Utility Standards. f. Point of connection from a new 4x4 being placed north of Fogg st. g. Electric overhead required to go underground going near the building.

Developer required to give easements to Colton Electric from infrastructure going south the property.

Commented [A1]: Please update as Ariel is gone.

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108. The Electric Department shall be notify if any interconnection (Solar, generator etc) being made prior to construction.
109. Plans will only be approved via electronic copies along with the hardcopy. Please send PDF plans to [email protected]. This is during plan check phase.

END
Commented [A2]: See above comment

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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 CHAPTERS 18.04 AND 18.06 OF TITLE 18 (ZONING) OF THE

COLTON MUNICIPAL CODE RELATED TO DEFINITIONS AND PERMITTED USES WITHIN THE M-1 (LIGHT INDUSTRIAL) ZONE, (FILE INDEX NO. DAP24-0005).

WHEREAS, the Planning Commission of the City of Colton (“Planning Commission”) held a public hearing on July 23, 2024, after giving published notice to consider a recommendation to the City Council of a Code Text Amendment amending Title 18 (Zoning) of the Colton Municipal Code to address various items including, but not limited to Definitions, Permitted Uses, in the General Commercial Downtown Zone; and
WHEREAS, following the conclusion of said hearing, the Planning Commission adopted their Resolution No. R-15-24, recommending approval to the City Council of an Ordinance amending section in Chapters 18.06 of Title 18 (Zoning) of the Colton Municipal Code related to modifying, adding or amending Definitions, and Permitted Uses, in the General Commercial Downtown Zone and Administration; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. The Planning Commission hereby adopts the recitals and findings with respect to the Ordinance for the Code Text Amendment, as set forth in the attached Exhibit “A” as it is fully set forth herein.

SECTION 2. Pursuant to section 18.58.050 F. of Title 18 (Zoning Code), in considering any request for a change of zone, the Commission shall review if the following conditions prevail before recommending to the City Council that the changes be granted:

1. That the proposed change of zone is in conformity with the General Plan of the City, in that the proposed changes are consistent with the existing provisions of the Colton Zoning Code and are in the public interest since they more closely conform zoning regulations with development goals and the City’s General Plan.

2. That there is a need in the community for more of the types of Uses Permitted by the zone, in that the proposed changes are being clarified with modifications to the zoning district tables and within zoning standards/requirements further are in the public interest since they closely more closely conform zoning regulations with development goals and the City’s General Plan.

3. That the proposed change of zone would not adversely affect the surrounding area or the community in general, in that the proposed changes recommend of zoning district

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DAP24-0005
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tables of the Title 18 (Zoning Code) are in the public’s interest since they more closely conform zoning regulations with City development goals and the City’s General Plan Goal LU-1 in achieving a balance of land use types that create diverse opportunities for housing, employment, and commerce.

SECTION 3. The Planning Commission hereby recommends that the City Council of the City of Colton (“City Council”) adopt the Ordinance, in substantially the form attached hereto as Exhibit “A,” as amended, which is incorporated by reference.

SECTION 4. The Planning Commission finds that the subject Zoning Text Amendment is not subject to the 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 this code amendment.

SECTION 5. The Secretary shall certify the adoption of this Resolution.

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

Planning Commission Chairperson
Richard Prieto
ATTEST:

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

Planning Commission Secretary
Heidi Duron

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Exhibit - A
ORDINANCE NO. O-10-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMEND SECTION IN CHAPTERS 18.04 AND 18.06 OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE RELATED TO DEFINITIONS AND

PERMITTED USES AS RELATED TO AUTOMOBILE IMPOUND YARDS AND AUTOMOBILE STORAGE (FILE INDEX NO. DAP24-0005).

WHEREAS, on July 23, 2024 the Planning Commission of the City of Colton (“Planning Commission”) conducted a duly noticed public hearing and recommended the City Council of the City of Colton (“City Council”) amend Title 18 of the Colton Municipal Code (the “Municipal Code”). Following the conclusion of said hearing, the Planning Commission adopted their Resolution No. R-15-24, recommending approval to the City Council to amend (“Zoning Text Amendment”) Chapters 18.04 and 18.06 of Title 18 of the Colton Municipal Code; and WHEREAS, the City Council has determined that the Zoning Text Amendment is consistent with the City of Colton General Plan (“General Plan”) as indicated below; and WHEREAS, the City Council has determined that the proposed Zoning Text Amendment is in the best interests of the City, and that it would be in the public interest to approve the Zone Text Amendment; and
WHEREAS, the Zoning Text Amendment was reviewed, studied and found exempt from the California Environmental Quality Act (“CEQA”) as more fully described below; and WHEREAS, on September 17, 2024 the City Council held a duly noticed public hearing at which persons wishing to testify in connection with the Zoning Text Amendment were heard and the Zoning Text Amendment was comprehensively reviewed.

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

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

SECTION 1. The City Council hereby adopts the recitals and findings set forth above and in the agenda report prepared in connection with this Ordinance.

SECTION 2. General Plan Consistency. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report and the findings made in this Ordinance, the City Council hereby finds and determines that the proposed Ordinance is consistent with the goals and policies of the City of Colton General Plan and is reasonably related to the public welfare of the citizens of the City and surrounding regions. The Zoning Text Amendment is necessary to provide clarity to implement existing regulations, provide consistency with other code regulations, allow flexibility to certain standards, and allow for addressing potential negative impacts. Specifically, provisions in the ordinance address the following General Plan policies:

Land Use Element:
o Policy LU-1.1: “Ensure that all new development conforms to all appreciable provisions of the General Plan and Zoning Code.” The Ordinance will modify regulations and uses permitted that allows for review of use and development proposal to ensure consistency with the General Plan and Zoning Code as proposed herein with chapters 18.04 (Definitions), 18.06 (Permitted Uses) and 18.26 (Light Industrial) Zone requirements of the City of Colton Zoning Code.
o Policy LU-1.6: “Ensure that new development projects are compatible with permitted, well-maintained uses and buildings in the surrounding neighborhood or district.” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters 18.04 (Definitions), 18.06 (Permitted Uses)

18.26 (Light Industrial) Zone and 18.58.060 (Conditional Use Permits). The project site is located adjacent to an existing Automobile Impound Yard to the west, which is exact use proposed. The Light Industrial Zones surround the site to the north and south

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with adequate access from South La Cadena Drive and Congress Street to Fogg Street and East “M” Street.
o Policy LU‐1.8: “Interpret the Land Use Plan in a manner that provides for compatibility between adjacent land uses, and that allows the City to achieve land use, design, and economic development objectives.” The proposed zoning text amendments provide for parking, findings within a Conditional Use Permit review process to ensure projects are reviewed to be compatible within a neighborhood to achieve land use, design and economic development objectives. Because of he location of the subject site, staff is also reviewing and prepared findings for projects within the Sensitive Development Area Overlay Zone within Planning Commission Resolution No. R-16-24.
o Policy LU-3.6: “Identify and revitalize areas within the City which, through deterioration of structures, high vacancy rates, vandalism, or health and safety concerns, merit special attention.” The site is vacant with overgrown vegetation surrounded by a chain link fence. The proposed zoning text amendment will develop with site with similar uses permitted in the industrial zone and be developed in compliance with development standards of the M-1 (Light Industrial) Zone. The proposed project will also include half-street improvements, curb, gutter, driveway, and sidewalk improvements and other street improvements along the Fogg Street frontage.
o Policy LU-6.4: “Promote the use of buildings, setbacks, walls, landscaping, and other design features to buffer and reduce conflicts between adjacent properties.” The proposed zoning text amendment requires development projects to comply with development standards within the M-1 (Light Industrial) Zone. The proposed project will provides and complies with building front yard setback from the street, which will be landscaped. In addition, the project complies with the minimum 15% property landscape requirement and installation of perimeter walls/fencing to reduce or buffer any conflicts with adjacent properties.

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o Policy LU-9-1: “Encourage and facilitate an appropriate mix of goods and services offered in community and neighborhood centers.” The Ordinance will modify chapter 18.06 (Permitted Uses), to allow an automobile impound yard with approval of a Conditional Use Permit, which will expand the type of uses presently permitted within the Light Industrial zones
o Policy LU-11.3: “Increase and diversify local employment opportunities, and retain and accommodate industrial development that is compatible with City objectives for safety, environmental and visual quality, and employment and revenue generation.” The Ordinance will increase and diversify local employment opportunities, and the Conditional Use Permit provides a review process to ensure future projects are analyzed for compatibility within neighborhoods and also meeting with City growth and development objectives for safety, environmental, visual quality, employment and revenue generation to mention a few areas of the review.

SECTION 3. The City of Colton finds that the proposed Zone Text Amendment to permit an Automobile Impound Yard (Tow Yard), by modifying allowances for certain permitted, conditional, and prohibited land uses in the M-1 (light Industrial) zone, Sensitive Development Area, is reasonably related to the public welfare of the citizens of the City and surrounding region; more specifically, the Ordinance includes appropriate restrictions to ensure that the proposed standards meet all safety standards including Building and Safety Codes, Fire Codes and review/approval by the City Engineer.

SECTION 4. Sections 18.04.064, 18.04.074, and 18.06.060 of Chapter 18.06 (Uses Permitted) of Title 18 of the Colton Municipal Code, pertaining to the Uses Permitted in Each Zone, is hereby amended to read as follows adding new text as shown in boldface underline (text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.04.064 - Automobile Impound Yard.
"Automobile Impound Yard" means an area Designated or maintained for the temporary storage of Vehicles legally removed or impounded from public or Private Property with or without the vehicle owner’s / operator’s consent as prescribed by Law.

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18.04.074 –Automobile Storage.
“Automobile Storage" means storage or parking of automobiles, not including trucks, with or without the vehicle owner’s / operator’s consent temporarily or for extended periods of time as a primary or accessory use. Typical Uses include bus yard operation without passenger loading or unloading, recreational Vehicle storage and fleet storage.

For the purpose of this title, automobile storage shall not include parking for vehicles twenty feet long or less kept available for use by customers and employees of a building on the same lot.

18.06.060 - Uses Permitted in each Zone.

G. Industrial Districts Table I-P M-1 M-2
Automobile Impound Yard N N C C
Automobile Rental C C P
Automobile Repair C C P
Automobile Sales C C P
Automobile Servicing C C P
Automobile Storage or Parking C C C
SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the 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.

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SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 650 N. La Cadena Drive, Colton, California 92324. The custodian of these records is the City Clerk.

SECTION 7. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Colton hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

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

SECTION 9. Publication. The City Clerk shall certify to the adoption of this Ordinance.

Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Colton.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton California, at a regular meeting of the City Council held on the 17th day of September, 2024.

PASSED, APPROVED AND ADOPTED this 17th day of September, 2024.

City of Colton
______________________________
Frank J. Navarro, Mayor

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ATTEST:
______________________________________
Stephanie Vargas, City Clerk
APPROVED AS TO FORM:
______________________________________
Best Best & Krieger LLP
City Attorney

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Packet Pg. 391 Attachment: Attachment 4_CC Ordinance O-10-24 (4633 : Zoning Text Amendment Automobile Impound Yards) ITEM NO. 3

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: TIME AND PLACE FIXED TO CONSIDER PUBLIC HEARINGS FOR ANNEXATION NO. 2 TO APPROVE AND ADOPT RESOLUTIONS
R-96-24 AND R-97-24 OF THE CITY COUNCIL OF THE CITY OF

COLTON, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1
(PUBLIC SAFETY) OF THE CITY OF COLTON, INCLUDING: (A)

ADOPTION OF RESOLUTIONS CALLING A SPECIAL ELECTION
FOR CFD NO. 2021-1; (B) CANVASSING OF VOTES FOR THE
BALLOT ELECTION TO ANNEX TERRITORY INTO CFD NO. 2021-
1; (C) ADOPTION OF RESOLUTIONS CERTIFYING ELECTION
RESULTS AND ADDING PROPERTY TO CFD NO. 2021-1 AND; (D)

INTRODUCE BY TITLE ONLY AND PASS FIRST READING OF
ORDINANCES NO. O-13-24, ORDINANCES OF THE CITY COUNCIL

OF THE CITY OF COLTON ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF COLTON, LEVYING AND

APPORTIONING SPECIAL TAX LIENS IN TERRITORY ANNEXED
INTO CFD NO. 2021-1, RESOLUTION NO. R-96-24, R-97-24, & ORDINANCE NO. O-13-24.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

1. Conduct a public hearing for CFD No. 2021-1.

2. Approve Resolution No. R-97-24 of the City Council of the City of Colton, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2021-1 (Public Safety) Calling for Special Election by Landowners to Annex Territory into said Community Facilities Districts.

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Staff Report to the Mayor and City Council
Annexation No. 2 into CFD 2021-1 (Public Safety)
September 17, 2024

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3. Conduct the election.

4. Approve Resolution No. R-96-24 of the City Council of the City of Colton, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2021-1 (Public Safety), Declaring the Results of a Special Election in said Community Facilities Districts.

5. Conduct First Reading of Ordinance No. O-13-24 of the City Council of the City of Colton Acting in its Capacity as the Legislative Body of City of Colton Community Facilities District No. 2021-1 (Public Safety), Levying and Apportioning Special Taxes in Territory Annexed into said Community Facilities Districts.

BACKGROUND
Community Facilities Districts (“CFDs”) are an option for local governments to consider, which impose a special tax to provide a portion of the funding necessary to deliver necessary services to newly developed areas. If warranted, CFDs are then created pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”). The special tax is then collected with the property taxes. On July 20, 2021, the City Council formed Community Facilities District No. 2021-1 (Public Safety) (“CFD No. 2021-1”) and Community Facilities District No. 2021-2 (Maintenance Services) (“CFD No. 2021-2” and together with CFD No. 2021-1, the “Districts”).

CFD No. 2021-1 was formed by the City Council for the purpose of financing certain types of services, including but not limited to the following:
• Police protection services; and
• Fire protection services.

CFD No. 2021-2 was formed by the City Council for the purpose of financing certain types of services, including but not limited to the following:
• maintenance and lighting of parks, parkways, streets, roads, and open space; • flood and storm protection services;
• graffiti abatement;
• the operation and maintenance of storm drainage systems; • maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; and • and/or any other services authorized under the Act.

The City received petitions from Modern Pacific Homes, LLC, a California limited liability company and Colton Land and Tower, LLC, a Wyoming limited liability company (the “Owners”), the legal owners of the property proposed to be annexed into each of CFD No. 2021- 1 and CFD No. 2021-2, regarding annexation into each of the Districts (each “Annexation No.

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Staff Report to the Mayor and City Council
Annexation No. 2 into CFD 2021-1 (Public Safety)
September 17, 2024

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2”). Annexation No. 2 for each of the Districts will consist of property located within San Bernardino County, known as Assessor’s Parcel Numbers: 0163-341-05-0000.

On August 6, 2024, the City Council adopted a resolution of intention to annex territory into CFD No. 2021-1 and a resolution of intention to annex territory into CFD No. 2021-2.

ISSUES/ANALYSIS
At its September 17, 2024, meeting, the City Council will consider conducting two public hearings to complete the Annexation No. 2. First, the public hearing for CFD No. 2021-1 will be held. After the public hearing has been held and closed for CFD No. 2021-1, the City Council may adopt the resolution calling a special election for CFD No. 2021-1. The City Clerk will then conduct the special election and read the result of the ballot election. If the votes are in favor of the propositions presented on the ballot, the City Council may adopt the resolution declaring the results of the election for CFD No. 2021-1. The Mayor may then call for a motion to introduce by title only and waive further reading of the ordinance authorizing the levy of special taxes in CFD No. 2021-1. Once the proceedings for CFD No. 2021-1 are completed, the City Council may follow the same procedure for CFD No. 2021-2.

FISCAL IMPACTS
The special tax revenues proposed to be levied within the territory proposed to be included in Annexation No. 2 for each CFD No. 2021-1 and CFD No. 2021-2 will offset the cost of providing the respective increased City services, which are a result of the new development.

ALTERNATIVES
The City Council does not adopt the resolutions and the territory will not be annexed into the Districts.

ATTACHMENT

1. CFD 2021-1 Annexation No. 2 - Resolution Declaring Election Results (Multiple Owners)- c1

2. CFD 2021-1 Annexation No. 2 - Ordinance (Multiple Owners)-c1

3. CFD 2021-1 Annexation No. 2 - Resolution Calling Election (Multiple Owners)-c1

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RESOLUTION NO. R-96-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC

SAFETY), COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,

DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH

COMMUNITY FACILITIES DISTRICT ON THE PROPOSITION OF

THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE TERRITORY

PROPOSED TO BE ANNEXED TO SAID COMMUNITY FACILITIES

DISTRICT, THE PROPOSITION TO ESTABLISH AN

APPROPRIATIONS LIMIT IN THE TERRITORY PROPOSED TO BE

ANNEXED TO SAID COMMUNITY FACILITIES DISTRICT, TO PAY

THE COST OF CERTAIN SERVICES TO BE PROVIDED BY THE

COMMUNITY FACILITIES DISTRICT, DETERMINING THAT THE

TERRITORY PROPOSED TO BE ANNEXED IS ADDED TO AND PART

OF SAID COMMUNITY FACILITIES DISTRICT WITH FULL LEGAL

EFFECT, AND TAKING OTHER ACTIONS RELATED THERETO
(ANNEXATION NO. 2)
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has heretofore conducted proceedings for the annexation of approximately 48.69 acres of land to the City of Colton Community Facilities District No. 2021-1 (Public Safety), County of San Bernardino, State of California (the “District”) including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for September 17, 2024, and submitting to the qualified electors of the territory to be annexed to the District the question of levying special taxes within that territory to pay the costs of certain services and the costs associated with the determination of the amount of and levy and collection of special taxes, which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the District and establishing an appropriations limit for the territory to be annexed to the District (the "Election Resolution"); and WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct such special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of said special election, certifying that at least two-thirds of the votes cast upon the propositions submitted to the qualified electors in said special election were in favor of such

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propositions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:

SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Findings. The City Council finds that: (i) there are no registered voters residing within the territory proposed to be annexed to the District (the "Territory") at the time of the close of the public hearing on September 17, 2024, and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owned within the Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot for the special election to the owners of the land within the Territory, with return postage prepaid; (iii) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, Colton Land and Tower, LLC, a Wyoming limited liability company was entitled to twenty-six (26) votes and Modern Pacific Homes, LLC a California limited liability company was entitled to twenty-four (24) votes as the owners of all the land within the Territory; (v) said landowners returned their ballots to the City Clerk prior to the time set by the City Clerk for the close of the election on September 17, 2024; (vi) the ballots returned to the City Clerk by said landowners voted all votes of said landowners in favor of the propositions set forth therein; (vii) at least two-thirds of the votes cast in such special election on said propositions were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said propositions carried; (viii) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the District with full legal effect; and (ix) the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the District and to establish an appropriations limit therefor.

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SECTION 3. Declaration of Results. At least two-thirds of the votes voted in the special election on the propositions of the annual levy of special taxes within the Territory and establishing the appropriations limit to pay the costs of the services to be provided by the District were voted in favor thereof, and such propositions carried.

SECTION 4. Annexation. The Territory is annexed and added to and is a part of the District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates as specified in Resolution No. R-80-24 adopted by the City Council on August 6, 2024, to pay costs of certain services to be provided by the District. The boundaries of the Territory are shown on the map entitled, “Annexation Map No. 2 of Community Facilities District No. 2021-1 (Public Safety), City of Colton, County of San Bernardino, State of California,” which was recorded on August 29, 2024 in the office of the County Recorder of the County of San Bernardino.

SECTION 5. Notice. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the District including the Territory.

SECTION 6. Entry of Election Results in the Minutes. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said Certificate of Election Official.

SECTION 7. Certification. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

SECTION 8. Effective Date. This Resolution shall become effective immediately following its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, this 17th day of September, 2024 by the following vote:

AYES:

NAYS:

ABSENT:

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28 ABSTAIN:

City of Colton
FRANK J. NAVARRO
Mayor
ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

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EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO)

CITY OF COLTON )
The undersigned, ELECTION OFFICIAL OF THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the

CITY OF COLTON
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(PUBLIC SAFETY), COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

SPECIAL ELECTION
(ANNEXATION NO. 2)
in said City, held September 17, 2024.

I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the territory to be annexed to the District in such City, and the whole number of votes cast for the Measures in the territory to be annexed to the District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct.

1. VOTES CAST ON PROPOSITION A: YES 50
NO 0

2. VOTES CAST ON PROPOSITION B: YES 50
NO 0
WITNESS my hand this 17th day of September, 2024.

DEPUTY CITY CLERK

ELECTION OFFICIAL

CITY OF COLTON

STATE OF CALIFORNIA

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ORDINANCE NO. O-13-24

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COLTON AUTHORIZING THE LEVY OF SPECIAL TAXES

IN A COMMUNITY FACILITIES DISTRICT, INCLUDING

CERTAIN ANNEXATION TERRITORY IDENTIFIED AS
ANNEXATION NO. 2, INTO CITY OF COLTON
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC

SAFETY)
A. Recital
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has established the City of Colton Community Facilities District No. 2021-1 (Public Safety), County of San Bernardino, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit “B” to the City Council Resolution Calling Election, which was adopted on September 17, 2024 (the “Resolution”); and
WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the City Council, on September 17, 2024, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District.

B. Ordinance

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON
CALIFORNIA, DOES ORDAIN as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to Article

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3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”), at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2021-22 pursuant to Ordinance No. O-07-21 passed and adopted by the City Council on August 3, 2021, and the special tax is hereby levied commencing in Fiscal Year 2021-22 in the District, including the Annexation Territory identified as Annexation No. 2, and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District.

SECTION 3. The City Manager of the City or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution.

SECTION 4. Exemptions from the levy of the special tax shall be as provided in the Resolution and the applicable provisions of the Act. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution.

SECTION 5. All of the collections of the special tax shall be used as provided in the Act and in the Resolution, including, but not limited to, the payment of the costs of the services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax.

SECTION 6. The special tax shall be collected in the same manner and at the same time as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the District may collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. The City Manager of the City, or his or her designee, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Bernardino in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax

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roll of the County of San Bernardino for Fiscal Year 2025-26 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

SECTION 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.

SECTION 8. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City of Colton.

The foregoing ordinance was introduced and the title thereof read at the regular meeting of the City Council the 17th day of September, 2024 and by unanimous vote of the City Council members present, further reading was waived.

PASSED, APPROVED AND ADOPTED this ___ day of _________, 2024.

City of Colton
FRANK J. NAVARRO
Mayor
ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

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RESOLUTION NO. R-97-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA, CALLING A SPECIAL

ELECTION AND SUBMITTING TO THE QUALIFIED

ELECTORS OF TERRITORY PROPOSED TO BE

ANNEXED TO THE CITY OF COLTON COMMUNITY
FACILITIES DISTRICT NO. 2021-1 (PUBLIC SAFETY),

COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA THE QUESTION OF LEVYING SPECIAL

TAXES WITHIN THAT TERRITORY AND ESTABLISHING

AN APPROPRIATIONS LIMIT THEREFOR (ANNEXATION
NO. 2)
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has heretofore conducted proceedings for the establishment of and has established City of Colton Community Facilities District No. 2021-1 (Public Safety), County of San Bernardino, State of California (the “Community Facilities District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the Community Facilities District by complying with the procedures set forth in said Article 3.5; and
WHEREAS, on August 6, 2024, the City Council adopted Resolution No. R-80-24, a resolution of intention to annex territory to the Community Facilities District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property, consisting of approximately 48.69 acres, be annexed to the Community Facilities District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 6:00 p.m. on September 17, 2024, in the Council Chambers of the City Council, 650 N. La Cadena Drive, Colton, CA 92324, as the time and place for a hearing upon said resolution; and

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WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and WHEREAS, the special taxes contained within the rate and method of apportionment for Annexation Area No. 2, attached as Exhibit “B” to Resolution No. R-80-24, is attached as Exhibit “B” hereto and is incorporated herein by this reference; and WHEREAS, on September 17, 2024, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the Community Facilities District an opportunity to present testimony and to protest against the proposed annexation of said property to the Community Facilities District, and no protests, either oral or in writing, were received; and
WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the Community Facilities District to the qualified electors within that territory.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:

SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporate herein by this reference; (ii) the rate and method of apportionment, attached as Exhibit “B” hereto and by this reference made a part hereof, is approved; (iii) less than twelve (12) persons have been registered to vote within the territory proposed to be annexed to the Community Facilities District during the ninety (90) days preceding the close of the public hearing on September 17, 2024; (iv) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (iii) above, the vote in the special election called by this Resolution shall be by the landowners of the territory proposed to be annexed to the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one (1) vote for each acre, or portion thereof, which he or she owns within the said territory which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) pursuant to said Section 53326, the special election must be held at least ninety (90) days, but not more than one hundred eighty (180) days

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following the date of the adoption of this Resolution, unless such time periods are waived with the unanimous waiver of the qualified electors. All of the qualified electors in the territory to be annexed waived the time limits and election formalities of the special election.

SECTION 2. Call of Election. The City Council hereby calls and schedules a special election for September 17, 2024, on the propositions with respect to the annual levy of special taxes within the territory proposed to be annexed to the Community Facilities District for paying the cost of the services to be provided within and for the benefit of the territory proposed to be annexed to the Community Facilities District, as described in Exhibit “C” attached hereto and by this reference made a part hereof.

SECTION 3. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows:

PROPOSITION A
Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to City of Colton Community Facilities District No. 2021-1 (Public Safety), County of San Bernardino, State of California (“Annexation No. 2 to CFD No. 2021-1”), to pay for costs and services including police and fire protection services as further described in Exhibit “C” of the Resolution Calling Election for Annexation No.2 to CFD No. 2021- 1 (the “Resolution”) and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in the Rate and Method of Apportionment of Special Tax attached as Exhibit “B” to the Resolution be approved?

PROPOSITION B
Shall Proposition B establishing an Article XIII B appropriations limit equal to $600,000 in the territory proposed to be annexed to the City of Colton Community Facilities District No. 2021- 1 (Public Safety), County of San Bernardino, State of California be approved? SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.

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SECTION 5. Election Procedures. The procedures to be followed in conducting the special election on the levy of Special Taxes to pay the annual costs of the services to the qualified electors of the territory to be annexed to the Community Facilities District (the “Special Election”) shall be as follows:
(a) Pursuant to said Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners.
(c) The official ballot to be mailed or delivered by the City Clerk to each landownervoter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's

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land ownership within the territory proposed to be annexed to the Community Facilities District. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 p.m. on September 17, 2024.
(f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

SECTION 6. Certification. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

SECTION 7. Effective Date. This Resolution shall become effective immediately following its adoption.

BE IT FURTHER RESOLVED AND ORDERED
The Deputy City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, this 17th day of September, 2024 by the following vote:

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28 AYES:

NAYS:

ABSENT:

ABSTAIN:

City of Colton
FRANK J. NAVARRO
Mayor
ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

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EXHIBIT “A”

SAMPLE OFFICIAL BALLOT

SPECIAL ELECTION
NUMBER OF VOTES ENTITLED TO BE CAST: 49
CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC SAFETY),

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
(ANNEXATION NO. 2)
SEPTEMBER 17, 2024
To vote on any measure, fill in the voting square before the word “YES” or before the word “NO” following each proposition. If you tear or deface this ballot, call Richard Wall at (951) 826-8346 to obtain a replacement ballot.
______________________________________________________________________

PROPOSITION A
Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to City of Colton Community Facilities District No. 2021-1 (Public Safety), County of San Bernardino, State of California (“Annexation No. 2 to CFD No. 2021-1”), to pay for costs and services including police and fire protection services as further described in Exhibit “C” of the Resolution Calling Election for Annexation No. 2 to CFD No. 2021-1 (the “Resolution”) and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in the Rate and Method of Apportionment of Special Tax attached as Exhibit “B” to the Resolution be approved?

PROPOSITION B
Shall Proposition B establishing an Article XIII B appropriations limit equal to $600,000 for the territory proposed to be annexed to the City of Colton Community Facilities District No. 2021-1 (Public Safety), County of San Bernardino, State of California be approved?

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RATE AND METHOD OF

APPORTIONMENT OF SPECIAL TAX

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RATE AND METHOD OF

APPORTIONMENT OF SPECIAL TAX
For the City of Colton Community Facilities District No. 2021-1 (Public Safety), Annexation No. 2, County of San Bernardino, State of California The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within the City of Colton Community Facilities District No. 2021-1 (Public Safety), (“CFD 2021-1”), other than Assessor’s Parcels classified as Exempt Property as defined herein, and collected each Fiscal Year commencing in Fiscal Year 2024-25, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD 2021-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County.

The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560. “Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2021-1: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2021-1, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2021-1, and any and all other costs incurred in connection with the administration of CFD 2021-1. “Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of Riverside-San Bernardino-Ontario, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Building Permit” means a permit issued for new construction of a residential dwelling or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or

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installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD 2021-1. “CFD 2021-1” means City of Colton Community Facilities District No. 2021-1 (Public Safety) established by the City Council under the Act.
“City” means the City of Colton.
“City Council” means the Council of the City of Colton, acting as the legislative body of CFD 2021-1. “County” means the County of San Bernardino.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels within CFD 2021-1 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City. “Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as Residential Property, Public Property or Property Owner Association Property. “Office Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for professional/medical offices, or for any other uses that are consistent with office land use designations, as determined by the City. “Other Non-Residential Property” means all Non-Residential Property, excluding Industrial Property and Office Property.
“Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2021-1 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with

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the County Recorder to a property owner association, including any master or sub-association, as of June

1. “Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
“Public Safety Services” means those authorized services that may be funded by CFD 2021-1 pursuant to the Act, as amended including but not limited to police protection services and fire suppression services. “Residential Property” means all Assessor’s Parcels of Developed Property within CFD 2021-1 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s). “Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD 2021-1 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Public Safety Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Public Safety Services, (iv) pay incidental expenses related to the Public Safety Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section F.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.

B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2024-25, using the definitions above, each Assessor’s Parcel within CFD 2021-1 shall be classified by the CFD Administrator as Taxable Property or Exempt Property.

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2024-25 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.

C. SPECIAL TAX RATES

1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2024-25, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.

The Maximum Special Tax for Developed Property for Fiscal Year 2024-25 is shown below in Table 1.

TABLE 1
Land Use Type Maximum
Special Tax
Single Family
Residential Property
$366.96 per
Residential Unit
Multi-Family Residential
Property
$257.47 per
Residential Unit
Office Property $3,700.87 per Acre
Industrial Property $9,040.43 per Acre
Other Non-Residential
Property $0.00 per Acre
For each subsequent Fiscal Year following Fiscal Year 2024-25, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.

2. Undeveloped Property
Each Fiscal Year commencing in Fiscal Year 2024-25, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.

3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.

For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.

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D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2024-25 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2021-1 until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2021-1 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.

Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.

E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.

F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.

G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.

H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD 2021-1.

I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.

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EXHIBIT “C”

DESCRIPTION OF PUBLIC SERVICES
The types of services to be provided for and financed by the property to be annexed to the Community Facilities District are:
(a) Police protection services; and
(b) Fire protection services.

The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the District.

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STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: TIME AND PLACE FIXED TO CONSIDER PUBLIC HEARINGS FOR ANNEXATION NO. 2 TO APPROVE AND ADOPT RESOLUTIONS
R-98-24 AND R-99-24 OF THE CITY COUNCIL OF THE CITY OF

COLTON, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-2
(MAINTENANCE SERVICES) OF THE CITY OF COLTON,
INCLUDING: (A) ADOPTION OF RESOLUTIONS CALLING A
SPECIAL ELECTION FOR CFD NO. 2021-2; (B) CANVASSING OF

VOTES FOR THE BALLOT ELECTION TO ANNEX TERRITORY
INTO CFD NO. 2021-2; (C) ADOPTION OF RESOLUTIONS

CERTIFYING ELECTION RESULTS AND ADDING PROPERTY TO
CFD NO. 2021-2 AND; (D) INTRODUCE BY TITLE ONLY AND
PASS FIRST READING OF ORDINANCE NO. O-14-24, ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF COLTON ACTING IN ITS

CAPACITY AS THE LEGISLATIVE BODY OF CITY OF COLTON,

LEVYING AND APPORTIONING SPECIAL TAX LIENS IN
TERRITORY ANNEXED INTO CFD NO. 2021-2, RESOLUTION NO.

R-98-24, R-99-24, & ORDINANCE NO. O-14-24.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

1. Conduct a public hearing for CFD No. 2021-2.

2. Approve Resolution No. R-98-24 of the City Council of the City of Colton, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2021-2 (Maintenance Services) Calling for Special Election by Landowners to Annex Territory into said Community Facilities Districts.

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Staff Report to the Mayor and City Council
Annexation No. 2 into CFD 2021-2 (Maintenance)
September 17, 2024

Page 2 ends

3. Conduct the election.

4. Approve Resolution No. R-99-24 of the City Council of the City of Colton, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2021-2 (Maintenance Services), Declaring the Results of a Special Election in said Community Facilities Districts.

5. Conduct First Reading of Ordinance No. O-14-24 of the City Council of the City of Colton Acting in its Capacity as the Legislative Body of City of Colton Community Facilities District No. 2021-2 (Maintenance Services), Levying and Apportioning Special Taxes in Territory Annexed into said Community Facilities Districts.

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Staff Report to the Mayor and City Council
Annexation No. 2 into CFD 2021-2 (Maintenance)
September 17, 2024

Page 3 ends

2”). Annexation No. 2 for each of the Districts will consist of property located within San Bernardino County, known as Assessor’s Parcel Numbers: 0163-341-05-0000.

On August 6, 2024, the City Council adopted a resolution of intention to annex territory into CFD No. 2021-1 and a resolution of intention to annex territory into CFD No. 2021-2.

ALTERNATIVES
The City Council does not adopt the resolutions and the territory will not be annexed into the Districts.

ATTACHMENT

1. Resolution R-98-24 - CFD 2021-2 Annexation No. 2 - Resolution Calling Election (Multiple Owners)

2. Resolution R-99-24 - CFD 2021-2 Annexation No. 2 - Resolution Declaring Election Results (Multiple Owners)

3. Ordinance O-14-24 - CFD 2021-2 Annexation No. 2 - Ordinance (Multiple Owners)

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RESOLUTION NO. R-98-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA, CALLING A SPECIAL

ELECTION AND SUBMITTING TO THE QUALIFIED

ELECTORS OF TERRITORY PROPOSED TO BE

ANNEXED TO THE CITY OF COLTON COMMUNITY
FACILITIES DISTRICT NO. 2021-2 (MAINTENANCE

SERVICES), COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA THE QUESTION OF LEVYING SPECIAL

TAXES WITHIN THAT TERRITORY AND ESTABLISHING

AN APPROPRIATIONS LIMIT THEREFOR (ANNEXATION
NO. 2)
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has heretofore conducted proceedings for the establishment of and has established City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California (the “Community Facilities District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the Community Facilities District by complying with the procedures set forth in said Article 3.5; and
WHEREAS, on August 6, 2024, the City Council adopted Resolution No. R-81-24, a resolution of intention to annex territory to the Community Facilities District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property, consisting of approximately 48.69 acres, be annexed to the Community Facilities District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 6:00 p.m. on September 17, 2024, in the Council Chambers of the City Council, 650 N. La Cadena Drive, Colton, CA 92324, as the time and place for a hearing upon said resolution; and

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WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and WHEREAS, the special taxes contained within the rate and method of apportionment for Annexation Area No. 2, attached as Exhibit “B” to Resolution No. R-81-24, is attached as Exhibit “B” hereto and is incorporated herein by this reference; and WHEREAS, on September 17, 2024, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the Community Facilities District an opportunity to present testimony and to protest against the proposed annexation of said property to the Community Facilities District, and no protests, either oral or in writing, were received; and
WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the Community Facilities District to the qualified electors within that territory.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:

SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporate herein by this reference; (ii) the rate and method of apportionment, attached as Exhibit “B” hereto and by this reference made a part hereof, is approved; (iii) less than twelve (12) persons have been registered to vote within the territory proposed to be annexed to the Community Facilities District during the ninety (90) days preceding the close of the public hearing on September 17, 2024; (iv) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (iii) above, the vote in the special election called by this Resolution shall be by the landowners of the territory proposed to be annexed to the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one (1) vote for each acre, or portion thereof, which he or she owns within the said territory which would be subject to the proposed special taxes if they were levied at the time of the election; and (iv) pursuant to said Section 53326, the special election must be held at least ninety (90) days, but not more than one hundred eighty (180) days

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following the date of the adoption of this Resolution, unless such time periods are waived with the unanimous waiver of the qualified electors. All of the qualified electors in the territory to be annexed waived the time limits and election formalities of the special election.

SECTION 3. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows:

PROPOSITION A
Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California (“Annexation No. 2 to CFD No. 2021-2”), to pay for costs and services described in Exhibit “C” of the Resolution Calling Election for Annexation No. 2 to CFD No. 2021-2 (the “Resolution”) and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Rate and Method of Apportionment of Special Tax attached as Exhibit “B” to the Resolution be approved?

PROPOSITION B
Shall Proposition B establishing an Article XIII B appropriations limit equal to $100,000 in the territory proposed to be annexed to the City of Colton Community Facilities District No. 2021- 2 (Maintenance Services), County of San Bernardino, State of California be approved? SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.

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SECTION 5. Election Procedures. The procedures to be followed in conducting the special election on the levy of Special Taxes to pay the annual costs of the services to the qualified electors of the territory to be annexed to the Community Facilities District (the “Special Election”) shall be as follows:
(a) Pursuant to said Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners.
(c) The official ballot to be mailed or delivered by the City Clerk to each landownervoter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's

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land ownership within the territory proposed to be annexed to the Community Facilities District. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 p.m. on September 17, 2024.
(f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

SECTION 6. Certification. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

SECTION 7. Effective Date. This Resolution shall become effective immediately following its adoption.

BE IT FURTHER RESOLVED AND ORDERED
The Deputy City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, this 17th day of September, 2024 by the following vote:

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28 AYES:

NAYS:

ABSENT:

ABSTAIN:

City of Colton
FRANK J. NAVARRO
Mayor
ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

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EXHIBIT “A”

SAMPLE OFFICIAL BALLOT

SPECIAL ELECTION
NUMBER OF VOTES ENTITLED TO BE CAST: 50
CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-2 (MAINTENANCE

SERVICES), COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA (ANNEXATION NO. 2)
SEPTEMBER 17, 2024
To vote on any measure, fill in the voting square before the word “YES” or before the word “NO” following each proposition. If you tear or deface this ballot, call Richard Wall at (951) 826-8346 to obtain a replacement ballot.
______________________________________________________________________

PROPOSITION A
Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California (“Annexation No. 2 to CFD No. 2021- 2”), to pay for costs and services described in Exhibit “C” of the Resolution Calling Election for Annexation No. 2 to CFD No. 2021-2 (the “Resolution”) and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Rate and Method of Apportionment of Special Tax attached as Exhibit “B” to the Resolution be approved?

PROPOSITION B
Shall Proposition B establishing an Article XIII B appropriations limit equal to $100,000 for the territory proposed to be annexed to the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California be approved?

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28 EXHIBIT “B”

RATE AND METHOD OF

APPORTIONMENT OF SPECIAL TAX

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RATE AND METHOD OF

APPORTIONMENT OF SPECIAL TAX
For the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), Annexation No. 2, County of San Bernardino, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), (“CFD 2021-2”), other than Assessor’s Parcels classified as Exempt Property as defined herein, and collected each Fiscal Year commencing in Fiscal Year 2024-25, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD 2021-2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560. “Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2021-2: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2021-2, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2021-2, and any and all other costs incurred in connection with the administration of CFD 2021-2. “Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of Riverside-San Bernardino-Ontario, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.

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“Building Permit” means a permit issued for new construction of a residential dwelling or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD 2021-2. “CFD 2021-2” means City of Colton Community Facilities District No. 2021-2 (Maintenance Services) established by the City Council under the Act.
“City” means the City of Colton.
“City Council” means the Council of the City of Colton, acting as the legislative body of CFD 2021-2. “County” means the County of San Bernardino.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels within CFD 2021-2 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City. “Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as Residential Property, Public Property or Property Owner Association Property. “Office Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for professional/medical offices, or for any other uses that are consistent with office land use designations, as determined by the City. “Other Non-Residential Property” means all Non-Residential Property, excluding Industrial Property and Office Property.

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“Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2021-2 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June

1. “Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
“Maintenance Services” means those authorized services that may be funded by CFD 2021-2 pursuant to the Act, as amended including but not limited to graffiti abatement and maintenance, operations, servicing and periodic replacement of park facilities.
“Residential Property” means all Assessor’s Parcels of Developed Property within CFD 2021-2 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s). “Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD 2021-2 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Maintenance Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Maintenance Services, (iv) pay incidental expenses related to the Maintenance Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section F.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.

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B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2024-25, using the definitions above, each Assessor’s Parcel within CFD 2021-2 shall be classified by the CFD Administrator as Taxable Property or Exempt Property.

In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property. Commencing with Fiscal Year 2024-25 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.

C. SPECIAL TAX RATES

1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2024-25, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.

The Maximum Special Tax for Developed Property for Fiscal Year 2024-25 is shown below in Table 1.

TABLE 1
Land Use Type Maximum
Special Tax
Single Family
Residential Property
$70.99 per
Residential Unit
Multi-Family Residential
Property
$49.33 per
Residential Unit
Office Property $749.46 per Acre
Industrial Property $674.51 per Acre
Other Non-Residential
Property $337.25 per Acre
For each subsequent Fiscal Year following Fiscal Year 2024-25, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.

2. Undeveloped Property
Each Fiscal Year commencing in Fiscal Year 2024-25, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.

3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.

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For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.

D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2024-25 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2021-2 until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2021-2 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.

E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.

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I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.

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EXHIBIT “C”

DESCRIPTION OF PUBLIC SERVICES
The types of services to be provided for and financed by the property to be annexed to the community facilities district are:
(a) Maintenance services, including but not limited to:
(i) maintenance and lighting of parks, parkways, streets, roads, and open space; (ii) flood and storm protection services;
(iii) graffiti abatement;
(iv) the operation and maintenance of storm drainage systems; (v) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; (vi) and/or any other services authorized under the Act.

The community facilities district shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district.

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RESOLUTION NO. R-99-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-2
(MAINTENANCE SERVICES), COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL

ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT ON THE

PROPOSITION OF THE ANNUAL LEVY OF SPECIAL TAXES WITHIN

THE TERRITORY PROPOSED TO BE ANNEXED TO SAID

COMMUNITY FACILITIES DISTRICT, THE PROPOSITION TO

ESTABLISH AN APPROPRIATIONS LIMIT IN THE TERRITORY

PROPOSED TO BE ANNEXED TO SAID COMMUNITY FACILITIES

DISTRICT, TO PAY THE COST OF CERTAIN SERVICES TO BE

PROVIDED BY THE COMMUNITY FACILITIES DISTRICT,

DETERMINING THAT THE TERRITORY PROPOSED TO BE

ANNEXED IS ADDED TO AND PART OF SAID COMMUNITY

FACILITIES DISTRICT WITH FULL LEGAL EFFECT, AND TAKING
OTHER ACTIONS RELATED THERETO (ANNEXATION NO. 2)
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has heretofore conducted proceedings for the annexation of approximately 48.69 acres of land to the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California (the “District”) including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for September 17, 2024, and submitting to the qualified electors of the territory to be annexed to the District the question of levying special taxes within that territory to pay the costs of certain services and the costs associated with the determination of the amount of and levy and collection of special taxes, which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the District and establishing an appropriations limit for the territory to be annexed to the District (the "Election Resolution"); and WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct such special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of said special election, certifying that at least two-thirds of the votes cast upon the propositions submitted to the qualified electors in said special election were in favor of such

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propositions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:

SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Findings. The City Council finds that: (i) there are no registered voters residing within the territory proposed to be annexed to the District (the "Territory") at the time of the close of the public hearing on September 17, 2024, and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owned within the Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid; (iii) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, Colton Land and Tower, LLC, a Wyoming limited liability company was entitled to twenty-six (26) votes and Modern Pacific Homes, LLC a California limited liability company was entitled to twenty-four (24) votes as the owners of all the land within the Territory; (v) said landowners returned their ballots to the City Clerk prior to the time set by the City Clerk for the close of the election on September 17, 2024; (vi) the ballots returned to the City Clerk by said landowners voted all votes of said landowners in favor of the propositions set forth therein; (vii) at least two-thirds of the votes cast in such special election on said propositions were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said propositions carried; (viii) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the District with full legal effect; and (ix) the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the District and to establish an appropriations limit therefor.

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SECTION 3. Declaration of Results. At least two-thirds of the votes voted in the special election on the propositions of the annual levy of special taxes within the Territory and establishing the appropriations limit to pay the costs of the services to be provided by the District were voted in favor thereof, and such propositions carried.

SECTION 4. Annexation. The Territory is annexed and added to and is a part of the District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates as specified in Resolution No. R-81-24 adopted by the City Council on August 6, 2024, to pay costs of certain services to be provided by the District. The boundaries of the Territory are shown on the map entitled, “Annexation Map No. 2 of Community Facilities District No. 2021-2 (Maintenance Services), City of Colton, County of San Bernardino, State of California,” which was recorded on August 29, 2024 in the office of the County Recorder of the County of San Bernardino.

SECTION 7. Certification. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

SECTION 8. Effective Date. This Resolution shall become effective immediately following its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, this 17th day of September, 2024 by the following vote:

AYES:

NAYS:

ABSENT:

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\42452733.1
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City of Colton
FRANK J. NAVARRO
Mayor
ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

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EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO)

CITY OF COLTON
COMMUNITY FACILITIES DISTRICT NO. 2021-2
(MAINTENANCE SERVICES), COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA

SPECIAL ELECTION
(ANNEXATION NO. 2)
in said City, held September 17, 2024.

1. VOTES CAST ON PROPOSITION A: YES 50
NO 0

2. VOTES CAST ON PROPOSITION B: YES 50
NO 0
WITNESS my hand this 17th day of September, 2024.

DEPUTY CITY CLERK

ELECTION OFFICIAL

CITY OF COLTON

STATE OF CALIFORNIA

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ORDINANCE NO. O-14-24

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COLTON AUTHORIZING THE LEVY OF SPECIAL TAXES

IN A COMMUNITY FACILITIES DISTRICT, INCLUDING

CERTAIN ANNEXATION TERRITORY IDENTIFIED AS
ANNEXATION NO. 2, INTO CITY OF COLTON
COMMUNITY FACILITIES DISTRICT NO. 2021-2
(MAINTENANCE SERVICES)
A. Recital
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has established the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit “B” to the City Council Resolution Calling Election, which was adopted on September 17, 2024 (the “Resolution”); and
WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the City Council, on September 17, 2024, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District.

B. Ordinance

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON
CALIFORNIA, DOES ORDAIN as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to Article

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3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”), at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2021-22 pursuant to Ordinance No. O-08-21 passed and adopted by the City Council on August 3, 2021, and the special tax is hereby levied commencing in Fiscal Year 2021-22 in the District, including the Annexation Territory identified as Annexation No. 2, and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District.

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roll of the County of San Bernardino for Fiscal Year 2025-26 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

PASSED, APPROVED AND ADOPTED this ___ day of _________, 2024.

City of Colton
FRANK J. NAVARRO
Mayor
ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

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STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON AUGUST 6, 2024 AND ON AUGUST 20, 2024,
ON FILE IN THE OFFICE OF THE CITY CLERK.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on August 6, 2024 and on August 20, 2024.

BACKGROUND
Minutes for the City Council Regular Meeting held on August 6, 2024, and on August 20, 2024.

FISCAL IMPACTS
None

ATTACHMENT

1. Draft Minutes - 8/6/2024

2. Draft Minutes - 8/20/2024
5 Packet Pg. 443
August 06, 2024 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES
August 06, 2024
Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.

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

STAFF PRESENT
City Manager Smith, City Attorney Campos, and Acting Deputy Clerk Dunning

PUBLIC COMMENT
None

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

A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant Exposure to Litigation
Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case
B. CONFERENCE WITH LEGAL COUNSEL - WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Erik Reynolds vs. City of Colton
C. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Electric Division International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group
Executive Employees Group

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Packet Pg. 444 Attachment: Draft Minutes - 8/6/2024 (4595 : Draft Minutes 08-06-2024 & 08-20-2024) August 06, 2024 Regular City Council Meeting 2 -
Mayor Navarro adjourned the meeting to Closed Session at 5:01 p.m.; and the meeting reconvened with all members being present.

City Attorney Reports/Reportable Action
City Attorney Campos announced that the City Council met in Closed Session and discussed Items A, B, and C; direction was given, but there was no reportable action.

August 06, 2024
Regular Meeting held on the above-given date at 6:00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Peter Tasaka – The Vineyard Church
FLAG SALUTE: Police Chief Anthony Vega

CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager
David J. Toro Carlos Campos, City Attorney
Kelly J. Chastain Stacy Dunning, Acting Deputy Clerk
Dr. Luis S. González
John R. Echevarria, MPT
Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Proclamation - Leonard Sigdestad DVM - Retirement from Loma Linda Animal Hospital CM Toro read and presented a proclamation to Dr. Leonard Sigdestad, recognizing him for the lasting and significant contributions that he has made to the City of Colton’s residents. CM Toro went on to express his gratitude to Dr. Sigdestad and congratulated him on his retirement; recognition was received by Dr. Leonard Sigdestad.

MAYOR AND COUNCIL ITEMS

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POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF AUGUST 06, 2024.

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

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

APPOINTMENTS
None

MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS
None

BUSINESS ITEMS
None
***************************************************************************

PUBLIC COMMENT
The following community members addressed the Council: John Raggett, James Sandoval, Phil Lopez, Jennifer Sony, Nick Zupkofska, Celeste Carlos (Celeste also submitted to council 330 signatures of residents who signed acknowledging that they are “Opposed to the Crematiorium facility”), and Bobbie Forbes. ***************************************************************************

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 1 through 21.

City Manager, William R. Smith, requested all items be approved with minor corrections to item #13, Intent to Annex No. 2 into CFDs 2021-1 (Public Safety) and 2021-2 (Maintenance). Corrections had to be made to the Resolution numbers, R-80-24 and R-81-24, due to the public hearing date being listed incorrectly and the rate tables needing to be updated.

Smith also requested that Council allow staff to give a brief presentation on item #11, Contract Award - SWAG, and item #20, the Weed Abatement Program.

Staff Presentation
Police Chief, Anthony Vega, gave a brief presentation item # 11, the contract award to SWAG. Vega explained that entering into a contract with “Social Work Action Group” (SWAG) would benefit the City of Colton and its unhoused community by offering proven and effective solutions with the goal to ultimately help these individuals exit the streets and transition into permanent housing solutions.

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Packet Pg. 446 Attachment: Draft Minutes - 8/6/2024 (4595 : Draft Minutes 08-06-2024 & 08-20-2024) August 06, 2024 Regular City Council Meeting 4 -
Chief Vega introduced SWAG Vice President Aaron Petroff and Manager David Reyes to the Mayor and City Council, who were present with the purpose of being availabele to answer any questions the council may have about the SWAG organization.

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

SWAG Vice President Aaron Petroff and Police Chief Anthony Vega.

Staff Presentation
Battalion Chief / Fire Marshall, Jon Boggs, gave a brief presentation on Resolution R-84-24, which proposes the implementation of a year round weed abatement program. Boggs gave an overview of our current weed abatement system and then, in contrast, explained how a year round weed abatement would work.

Council Discussion
Comments were made by Councilmembers González.

Motion and Second by CM González/ CM Toro to approve consent calendar Items 1 through 21, with proposed changes to Item #13.

Vote: Unanimous, Motion Passes
(1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on July 16, 2024, on File in the Office of the City Clerk.
(2) Warrants - Approve US Bank voucher dated 06/26/2024 and totaling $60,872.64; voucher numbers 213246 to 213323 dated 06/25/2024 and totaling $86,182.35; voucher number 213327 dated 06/26/2024 for $9,772.00; voucher numbers 213324 to 213447 dated 06/27/2024 and totaling $1,309,952.72; replacement check number 213448 for $9,100.00; vouchers numbers 213449 to 213574 dated 07/08/2024 and totaling $2,331,851.38; wires dated 07/09/24 and totaling $3,982,063.74; vouchers numbers 213575 to 213689 dated 07/11/2024 and totaling $1,449,826.35 and a payroll disbursement listing dated 06/08/2024 to 06/21/2024 and totaling $1,670,273.30. (3) City Treasurer's Report - Receive and File City Treasurer's Report for May 2024. (4) Agreement - American Public Power Association - Approve a Mutual Aid Agreement with the American Public Power Association (APPA).
(5) Affirm Ongoing Emergency at Agua Mansa Power Plant - Affirm Ongoing Emergency at Agua Mansa Power Plant.
(6) Bonds Release - APN: 0161-221-72-0000 - Approve Release of the Payment and Performance, and Maintenance Bonds for DAP-001-645 (O’Reilly Auto Parts) at 805 Colton Ave. – APN: 0161-221-72- 0000.
(7) Contract Amendment - San Bernardino County Museum - Approve Contract Amendment with San Bernardino County Museum to Increase Amount by $46,000. (8) Contract Amendment - Northstar Chemical - Approve an Amendment to the Maintenance Service Agreement with Northstar Chemical, DBA Pacific Star Chemical to Provide Sodium Hypochlorite to Water and Wastewater for Fiscal Year 2023/24 and 2024/25.

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Packet Pg. 447 Attachment: Draft Minutes - 8/6/2024 (4595 : Draft Minutes 08-06-2024 & 08-20-2024) August 06, 2024 Regular City Council Meeting 5 -
(9) Contract Award - DM Contracting, Inc. - Approve and Adopt a Resolution to Award a Contract to DM Contracting, Inc. for CDBG Colt-23-1-03K-0279 Alley Paving Project, and Approve a Resolution Amending the Capital Improvement Budget Accordingly, RESOLUTION NO. R-72-24. (10) Contract Award - ECORP Consulting - Approve and Adopt a Contract for Environmental Services with ECorp Consulting Inc., and Corresponding Reimbursement Agreement with Applicant. (11) Contract Award - SWAG - Approve Contract Agreement with Social Work Action Group (SWAG). (12) Cooperative Agreement - SBCTA - Approve and Adopt a Resolution to Approve Amendment No. 1 to Second Amended and Restated Cooperative Agreement No.18-1001904-04 with the San Bernardino County Transportation Authority (SBCTA) for the I-10/ Mt. Vernon Avenue Interchange Project (Project), RESOLUTION NO. R-71-24.
(13) Intent to Annex No. 2 into CFDs 2021-1 (Public Safety) and 2021-2 (Maintenance) - Annexation No. 2 - Adoption of Resolution of Intention to Annex into Community Facilities District No. 2021-1 (Public Safety) and Resolution Of Intention to Annex into Community Facilities District No. 2021-2 (Maintenance Services), RESOLUTION NO. R-80-24 & R-81-24. (14) Levy of Special Taxes in CFDs No. 2021-1 and 2021-2 for FY 24/25 - Authorization for the Annual Levy of Special Taxes Within Community Facilities District No. 2021-1 (Public Safety) and Community Facilities District No. 2021-2 (Maintenance Services), RESOLUTION NO. R-82-24 & R-83-24. (15) Measure I - CIP and CPNA - Approve and Adopt a Resolution to Approve Measure I Five Year Capital Improvement Plan and Capital Project Needs Analysis for FY 2024/2025, RESOLUTION NO. R-86- 24 & R-87-24.
(16) Notice of Completion (NOC) - FY22-23 Asphalt Paving Project - Approve the Execution and Recordation of the Notice of Completion for the FY22-23 Asphalt Paving Project. (17) Purchase - Eventide Telephone Server - Approve the Purchase of Eventide Telephone Server for the Police Department.
(18) Purchase - FD Vehicle - Authorize the Purchase of a 2025 RAM 1500 Crew Cab 4 x 4 for the Fire Department.
(19) Quitclaim Parcels - Valley-Orange Enterprises LLC - Approve and Adopt a Resolution to Approve Quitclaim of Two (2) Excess Parcels of Land Totaling Approximately 15,608 Square Feet of Real Property Along Pepper Avenue, South of Valley Boulevard, to Valley-Orange Enterprises, LLC, a California Limited Liability Company, RESOLUTION NO. R-76-24. (20) Weed Abatement Program - Approve and Adopt a Resolution Approving Changes to the Weed Abatement Program to Account for Year-Round Weed Abatement, RESOLUTION NO. R-84-24. (21) Set Public Hearing - Weed Abatement - Set Public Hearing for August 20, 2024 to Consider a Resolution Adopting the Report of Costs for Weed Abatement.

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

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CITY MANAGER'S REPORTS
None

ADJOURNMENT
At 7:17 p.m. Mayor Navarro adjourned the Regular Council Meeting in memory of long-time resident, Maryanne Annie Rodriguez who recently passed away. The Mayor called for a moment of silence in her honor. __________________________
Stephanie M. Vargas, CMC, CPMC
Deputy City Clerk

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Packet Pg. 449 Attachment: Draft Minutes - 8/6/2024 (4595 : Draft Minutes 08-06-2024 & 08-20-2024) August 15, 2023 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES
August 20, 2024
Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.

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

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

PUBLIC COMMENT
None

CLOSED SESSION
City Attorney Marco announced the City Council would meet in Closed Session to Discuss Items A, B, and C.

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

City Attorney Reports/Reportable Action
City Attorney Marco announced that the City Council met in Closed Session and discussed Items A, B, and C; direction was given, but there was no reportable action.

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August 20, 2024
Regular Meeting held on the above-given date at 6:00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Eric Strutz – The Door Church
FLAG SALUTE: Veterans of Foreign Wars (VFW) Vietnam Veteran Tom Leon

CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager
David J. Toro Marco Martinez, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria, MPT
Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Recognition - 137th Birthday Celebration Sponsors
Mayor Navarro and Heidi Struts, Recreation Services Manager, introduced the City of Colton’s 137’th Birthday Celebration Top Sponsors and presented each sponsor with a Recognition Certificates on behalf of the City of Colton City Council.

Gold Sponsors - Donated $5000:
 La Quinta Inn
 US Actions
 UP Railroad Company
 Arrowhead Regional Medical Center
 Cutting Edge Supply
Emerald Sponsors - Donated $3000
 CR&R
 BB&K
 Colton Valley Truck Stop

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Packet Pg. 451 Attachment: Draft Minutes - 8/20/2024 (4595 : Draft Minutes 08-06-2024 & 08-20-2024) August 15, 2023 Regular City Council Meeting 3 -
 Recognition - 2024 VolunTEENs
Mayor Navarro and Heidi Struts, Recreation Services Manager, presented recognition certificates to the VolunTEEN Volunteers on behalf of the Mayor and the City Council:
• Aaria Flores -150 hours
• Analiyah Hernandez -151hours
• Desiree Romero -150 hours
• Ariel Fernandez -150 hours
• Emma Jimenez -152 hours
• Gabriella Duckworth -174 hours
• Madelyn Rodriguez -152 hours
• Memphis Wyrick -150
• Olivia Gonzales -150
• Regina Flores -151
• Sef Miller -150
• Taylor Stewart -153
• Thomas Coria -150
• Zoey Marks -152
 Recognition - Demand Management Incentive from San Bernardino Valley Municipal Water District Public Works and Utilities Director, Brian Dickinson, announced that the City of Colton was awarded by the San Bernardino Valley Municipal Water District a fund of $381,289.69 for the 2130.11-acer feet of water that the city has saved from April 2023 March 2024. Dickinson explained that these funds will be put back into the city’s water efficiency and conservation program; which will then be used to install centralized irrigation systems citywide.

MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF AUGUST 20, 2024.

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

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

APPOINTMENTS
None

MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS
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.

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Packet Pg. 452 Attachment: Draft Minutes - 8/20/2024 (4595 : Draft Minutes 08-06-2024 & 08-20-2024) August 20, 2024 Regular City Council Meeting 4 -
The Mayor opened the Public Hearing.

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

Staff Presentation
Battalion Chief/ Fire Marshall, Jon Boggs, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None
Motion and Second by CM González/ CM Toro to close the public hearing.

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

Battalion Chief/ Fire Marshall, Jon Boggs.

Motion and Second by CM Gonzales/ MPT Echevarria to approve and adopt Resolution No. R-73-24.

Vote: Unanimous, Motion Passes.

BUSINESS ITEMS
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 (Existing Facilities), Class 1.

Staff Presentation
Development Services Director, Heidi Duron, presented for Council an overview of the agenda item using a PowerPoint and requested approval of staff’s recommendation.

Public Comment
The following community members addressed the Council: Veronica Castro Gonzalez and Antonio Martinez.

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

Property Owner, Eugene Valdez, and proposed Artist, Antonio Martinez.

Motion and Second by CM Toro/ MPT Echevarria to approve and adopt Resolution No. R-85-24.

Vote: Unanimous, Motion Passes
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PUBLIC COMMENT

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The following community members addressed the Council: Anthony Garcia (who submitted to council for the record documents with information related to his comment), Jorge Flores, Nick Zupkofska, Mark Garcia, and John Stylianides.
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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 9.

Motion and Second by CM González/ CM Toro to approve consent calendar Items 3 through 9.

Vote: Unanimous, Motion Passes
(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.
(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. (5) Contract Amendment - ICF Resources LLC - Approve Second Amendment to Professional Services Agreement with ICF Resources LLC for Electric Engineering Consulting Services. (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.
(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.
(8) Notice of Completion - Demolition of Rialto Concrete Tank - Approve Notice of Completion for the Demolition of Rialto Concrete Tank Project.
(9) Ongoing Emergency - AMPP - Affirm Ongoing Emergency at Agua Mansa Power Plant.

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

CITY MANAGER'S REPORTS
None

ADJOURNMENT

5.b
Packet Pg. 454 Attachment: Draft Minutes - 8/20/2024 (4595 : Draft Minutes 08-06-2024 & 08-20-2024) August 20, 2024 Regular City Council Meeting 6 -
At 7:13 p.m. Mayor Navarro adjourned the Regular Council Meeting in memory of Colton residents Mary Lou Quinoz and Luis Contreras, who recently passed away. The Mayor called for a moment of silence in their honor.
__________________________
Stephanie M. Vargas, CMC, CPMC
Deputy City Clerk

5.b
Packet Pg. 455 Attachment: Draft Minutes - 8/20/2024 (4595 : Draft Minutes 08-06-2024 & 08-20-2024) ITEM NO. 6

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 213918 TO 213999 DATED 07/30/2024 AND TOTALING $91,407.61; VOUCHERS NUMBERS
214000 TO 214160 DATED 07/31/2024 AND TOTALING $783,053.73; WIRES DATED 08/05/2024 AND TOTALING $17,920,025.17;
VOUCHERS NUMBERS 214161 TO 214263 DATED 08/08/2024 AND
TOTALING $5,985,077.42; A PAYROLL DISBURSEMENT LISTING
DATED 07/06/2024 TO 07/19/2024 AND TOTALING $1,440,464.74 AND A PAYROLL DISBURSEMENT LISTING DATED 07/20/2024
TO 08/02/2024 AND TOTALING $1,169,222.59.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Approve voucher numbers 213918 to 213999 dated 07/30/2024 and totaling $91,407.61; vouchers numbers 214000 to 214160 dated 07/31/2024 and totaling $783,053.73; wires dated 08/05/2024 and totaling $17,920,025.17; vouchers numbers 214161 to 214263 dated 08/08/2024 and totaling $5,985,077.42; a payroll disbursement listing dated 07/06/2024 to 07/19/2024 and totaling $1,440,464.74 and a payroll disbursement listing dated 07/20/2024 to 08/02/2024 and totaling $1,169,222.59.

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

ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer. 6 Packet Pg. 456
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
September 17, 2024

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Colton City CouncilSeptember 17, 2024

Colton City Council
September 17, 2024