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

1. Objectionable Odors
Threshold: Would the Project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Findings: Less-than-significant impact. (Draft EIR, Section 4.3.6.4) Explanation: There is a potential for air quality impacts related to future redevelopment of the RTS site. Therefore, Programmatic Mitigation Measure AIR-1 has been identified. With implementation of Programmatic Mitigation Measure AIR-1, air quality impacts associated with subsequent development of the RTS would be less than significant. Mitigation is not required. (Draft EIR, Section 4.3.6.4)

C. BIOLOGICAL RESOURCES

1. Riparian Habitat and Sensitive Natural Communities
Threshold: Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Findings: Less-than-significant impact. (Draft EIR, Section 4.4.6.2.) Explanation: There are no riparian habitats or sensitive natural communities within the Project site that were identified in local, regional, or federal plans, policies, or regulations. For this reason and the reasons discussed in the EIR, the Project would have a less-than-significant impact relating to this issue. (Draft EIR, Section 4.4.6.2.)

2. Local Policies or Ordinances Protecting Biological Resources Threshold: Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Findings: Less-than-significant impact. (Draft EIR, Section 4.4.6.5) Explanation: The Project would not conflict with any local policies or ordinances protecting biological resources. For example, the Project would not require removal of any trees, and no permit relating to this issue is therefore required. For these reasons and the reasons set forth in the EIR, there would be a less-than-significant impact relating to this issue, and no mitigation is required. (Draft EIR, Section 4.4.6.5.)

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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 8 of 10

3. Adopted Habitat Conservation Plans
Threshold: Would the Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan?
Findings: No Impact. (Draft EIR, Section 4.4.6.5)
Explanation: The Project site is not located within the boundary of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or any approved local, regional, or state habitat conservation plan. Thus, no impact would occur in this regard, and no mitigation is required. (Draft EIR, Section 4.4.6.5)
SECTION 3. FINDINGS REGARDING ENVIRONMENTAL IMPACTS MITIGATED

TO A LEVEL OF LESS THAN SIGNIFICANT
The City Council hereby finds that feasible mitigation measures have been identified in the EIR and this Resolution that will avoid or substantially lessen the following potentially significant environmental impacts to a level of less than significant. The potentially significant impacts, and the mitigation measures that will reduce them to a less-than-significant level, are as follows:

1. Aesthetics

1. Existing Visual Character of the Site and Surrounding Area Threshold: Would the Project conflict with applicable zoning and other regulations governing scenic quality or substantially degrade the existing visual character or quality of public views of the site and its surroundings?
Findings: Less-than-significant impact. (Draft EIR, Section 4.1.6.3) Explanation: A In the short term, construction activities would temporarily degrade the visual quality of the project site. However, with implementation of Mitigation Measure 4.1.1, impacts would be reduced to less than significant. The proposed project would be required to undergo elevations to ensure that the proposed project conforms to the country aesthetic and existing visual character of the project vicinity. Therefore, development of the proposed project would not conflict with applicable zoning and other regulations governing scenic quality and aesthetic impacts would be less than significant impact with mitigation incorporated. (Draft EIR, Section

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 o f 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 COLTO N 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: DAP- 001-453).

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 Amendme nt 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 COMMERC IAL TO MIXED- USE 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, 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 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 Co lton 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 7 th Street as recommended for adoptio n 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 CO MMERCIAL) 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 adopt s 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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September 17, 2024

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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 COMMERC IAL TO MIXED- USE 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 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.

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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 7 th 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 PL ANS, 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, 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. (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 o n 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 Dri ve and 645 South 7 th 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 (DAP- 001-453):

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 Cit y 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 Qual ity 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 on - site 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, ma kes 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 applican t 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 drive - through 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 s hadows 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 p olice 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.) bl ue 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 al l 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 re quired for this process. Digital fil es 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 Recyc ling 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 R ecycling 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 o rganic 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 Plan- http://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 2021/2 022 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 o f 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 Fi re 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 c omply 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 f uel 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 proj ect. 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 Insu rance 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 a t 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” = 2 0’ 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 drai nage 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 an d 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 spe cifies 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 calculati ons 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 Departmen t.

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 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.

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 & Wate r 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 acc ess 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 geo logist 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 subm it 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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ITEM NO. 2

STAFF REPORT

DATE: OCTOBER 1, 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 SEPTEMBER 17, 2024.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on September 17, 2024.

BACKGROUND

Minutes for the City Council Regular Meeting held on September 17, 2024.

ISSUES/ANALYSIS

None

ATTACHMENT

1. 09-17-2024 Draft Minutes
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September 17, 2024 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

September 17, 2024

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

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

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

PUBLIC COMMENT
None

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

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title - City Manager

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 with the exception of CM Toro.

City Attorney Reports/Reportable Action

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

September 17, 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 Jeff Keneaster – Centerpoint Church
FLAG SALUTE: Veterans of Foreign Wars (VFW) Vietnam Veteran Tom Leon

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CITY COUNCIL ROLL CALL

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

Council Members Absent
David J. Toro

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Proclamation - National Recovery Month (September)
Council Member González read a proclamation recognizing the month of September as National Recovery Month. González presented the proclamation to Jessica Robles, Clinical Director, and Christina Lee, Nursing Supervisor, from the Colton Comprehensive Treatment Center. Jessica Robles expressed her appreciation for the City recognizing National Recovery Month.

 Recognition - 2024 Volunteer of the Year
Mayor Navarro announced that this item would be moved to the October 15, 2024 council meeting.

 Recognition - Jay Chavez
MPT Echevarria presented a certificate of recognition to Jay Chavez for his achievement in airing as a guest DJ on the Old School 104.7 FM radio station. MPT Echevarria recognized Jay Chavez’s creativity and talent and thanked him for his contribution to the community. Jay Chavez expressed his appreciation for being recognized and accepted his certificate of recognition.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF SEPTEMBER 17, 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 r eports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.

APPOINTMENTS

 Appointment - Designate League of CA Cities Voting Delegate and Alternate.

Consensus was reached by the Council to appoint MPT Echevarria as the voting delegate for the League of CA Cities, and to appoint CM Chastain as the alternate voting delegate.

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MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS

(1) Reche Canyon Commercial DAP-001-453 - TIME AND PLACE FIXED TO CONSIDER A PUBLIC

HEARING CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE # 2019039115) FOR THE RECHE CANYON PROJECT; ADOPTING

FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; FOR A REQUEST

FOR AN AMENDMENT TO THE RECHE CANYON SPECIFIC PLAN TO CHANGE THE ONSITE

LAND USE DESIGNATION FROM ESTATE DENSITY (RESIDENTIAL) TO COMMERCIAL, A CONDITIONAL USE PERMIT 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; AND FOR A GENERAL PLAN AMENDMENT TO

CHANGE EXISTING LAND USE FROM GENERAL COMMERCIAL TO MIXED-USE DOWNTOWN AND CHANGE OF ZONE FROM C-2 (GENERAL COMMERCIAL) TO M-U-D (MIXED-USE DOWNTOWN) AT 645 S. 7TH STREET (FILE INDEX NUMBER DAP-001-453).

The Mayor opened the Public Hearing.

The Deputy City Clerk , Stephanie M. Vargas, submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and reported that two letters of objections and three letters of approval were received via email.

Staff Presentation
The Planning Manager, Mario Suarez, informed Council that the applicant s requested a continuance because there was not a full council present. The City Attorney, Carlos Campos, and the City Manager, William R.

Smith, explained to Council all of the different options available.

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

City Attorney Carlos Campos.

Councilmembers reached a consensus to continue item to October 1, 2024.

Mayor Navarro gave members of the public the option to either share their comment then, or to pass and then share their comments on October 1, 2024, when the item would be presented to council again.

Public Comment
The following community members addressed the Council: Eplgmenio Roman, Diana Roman, Mark Russell, and Elizabeth King.

Motion and Second by CM González / CM Chastain to continue item to October 1, 2024.

Vote: Unanimous, Motion Passes with CM Toro being absent

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(2) Zoning Text Amendment - Automobile Impound Yard - TIME AND PLACE FIXED TO CONSIDER

A PUBLIC HEARING TO 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.

The Mayor opened the Public Hearing.

The Deputy City Clerk , Stephanie M. 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
The Development Service s Director, Heidi Duron, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

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

Heidi Duron, Development Services Director, and Mario Suarez, Planning Manager.

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

Vote: Unanimous, Motion Passes with CM Toro being absent

Motion and Second by MPT Echevarria/ CM González to introduce by title only and pass first reading of Ordinance No. O-10-24.

Vote: Unanimous, Motion Passes with CM Toro being absent

(3) Annexation No. 2 into CFD 2021 -1 (Public Safety) - 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, INC LUDING: (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 N O. 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 I N TERRITORY ANNEXED INTO CFD NO. 2021-1, RESOLUTION NO. R-96-24, R-97-24, & ORDINANCE NO. O-13-24.

The Mayor opened the Public Hearing.

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The Deputy City Clerk , Stephanie M. Vargas, submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and confirmed that the notices were mailed and published in accordance with the law.

Staff Presentation
Richard Wall, City Attorney, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Council Discussion
Councilmember Chastain asked for clarification; clarification was provide by City Attorney, Richard Wall.

The Deputy City Clerk confirmed that no written protests had been received.

Mayor Navarro asked if there were any persons r egistered to vote within annexation No. 2., of Community Facilities District No. 2021-1, and if so, the number thereof.

The Deputy City Clerk confirmed that the San Bernardino Registrar of Voters has certified that there are no registered voters within annexation No. 2 of Community Facilities District No. 2021-1.

The Deputy City Clerk confirmed that the owner of all of the taxable property in Annexation No. 2 of Community Facilities District No. 2021-1 consented to holding the Special Election on September 17, 2024.

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

Vote: Unanimous, Motion Passes with CM Toro being absent

Motion and Second by CM Chastain/ MPT Echevarria to approve and adopt Resolution No. R-97-24.

Vote: Unanimous, Motion Passes with CM Toro being absent

The Deputy City Clerk conducted the special election and stated that all votes were in favor of the propositions presented on the ballot.

Motion and Second by CM Chastain/ CM González to approve and adopt Resolution No. R-96-24.

Vote: Unanimous, Motion Passes with CM Toro being absent

Motion and Second by CM Chastain/ CM González to introduce by title only and waive further reading of Ordinance No. O-13-24.

Vote: Unanimous, Motion Passes with CM Toro being absent

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(4) Annexation No. 2 into CFD 2021-2 (Maintenance) - 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.

The Mayor opened the Public Hearing.

The Deputy City Clerk , Stephanie Vargas, submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and confirmed that the notices were mailed and published in accordance with the law.

Staff Presentation
Richard Wall, City Attorney, presented for Council an overview of the agenda item and requested approval of Staff’s recommendation.

Public Comment
None

Council Discussion
None

The Deputy City Clerk confirmed that no written protests had been received.

Mayor Navarro asked if there were any perso ns registered to vote within annexation No. 2., of Community Facilities District No. 2021-2, and if so, the number thereof.

The Deputy City Clerk confirmed that the San Bernardino Registrar of Voters has certified that there are no registered voters within annexation No. 2 of Community Facilities District No. 2021-2.

The Deputy City Clerk confirmed that the owner of all of the taxable property in Annexation No. 2 of Community Facilities District No. 2021-2 consented to holding the Special Election on September 17, 2024.

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

Vote: Unanimous, Motion Passes with CM Toro being absent

Motion and Second by CM Chastain/ MPT Echevarria to approve and adopt Resolution No. R-98-24.

Vote: Unanimous, Motion Passes with CM Toro being absent

Deputy City Clerk Vargas conducted the special election and stated that all votes were in favor of the propositions presented on the ballot.

Motion and Second by CM Chastain/ CM González to approve and adopt Resolution No. R-99-24.

Vote: Unanimous, Motion Passes with CM Toro being absent

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Motion and Second by CM Chastain/ CM González to introduce by title only and waive further reading of Ordinance No. O-14-24.

Vote: Unanimous, Motion Passes with CM Toro being absent

BUSINESS ITEMS
None

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PUBLIC COMMENT
The following community members addressed the Council: Nick Zupkofska, Sabrinee Valverde, Alicia Hester, Bobbie Forbes, and Pam Lemos.

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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 5 through 20.

Motion and Second by CM González/ MPT Echevarria to approve consent calendar Items 5 through 20.

Vote: Unanimous, Motion Passes

(5) Minutes - 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.

(6) Warrants - 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.

(7) City Treasurer's Report - Receive and File City Treasurer's Report for June 2024.

(8) Agreement - Blais & Associates - Approve Professional Services Agreement with Blais & Associates to Provide Grant Writing Services for the U.S. Environmental Protection Agency Environmental and Climate Justice Community Change Grants Program and the FY2024-25 State and Local Cybersecurity Grant Program.

(9) Agreement - CONFIRE - Approve Agreement with Confire to Operate Surge Ambulance.

(10) Contract Award - First Carbon Solutions - Approve and Adopt a Contract for Environmental Services with First Carbon Solutions International, Inc., and Corresponding Reimbursement Agreement with Applicant.

(11) Contract Award - MCC Pipeline Inc. - Approve a Contract Agreement with MCC Pipeline, Inc. for the Mount Vernon Avenue and East Washington Street Emergency Water Main Repair.

(12) Contract Award - Roy Allan Slurry Seal, Inc. - Approve Contract Award to Roy Allan Slurry Seal, Inc. for Slurry Seal Project on Multiple City Streets.

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(13) Labor Plan - Executive Employees - Amend the Salary Schedule Pertaining to Executive Employees.

(14) Labor Plan - Confidential Employees - Labor Plan - Amend the Current Salary Schedule Pertaining to Confidential Employees, RESOLUTION NO. R-100-24 & R-101-24.

(15) Legislative Policy 2025 - Approve Legislative Policy for Fiscal Year 2025.

(16) Notice of Completion - Citywide Roof Repair Project - Approve Notice of Completion for the Citywide Roof Repair Project with Corona Coatings Inc.

(17) Ongoing Emergency - AMPP - Affirm Ongoing Emergency at Agua Mansa Power Plant.

(18) Purchase - McAvoy & Markham Engineering & Sales Company - Approve Purchase of Electric Meters from McAvoy & Markham Engineering & Sales Company, in an Amount Not-to-Exceed $500,000.

(19) Purchase - Omicron Electronics Corp, USA - Approve Purchase of Universal Test Set for Recloser Controls from Omicron Electronics Corp, USA, in the Amount of $55,482.10.

(20) New/Reclassifications - Multiple Departments - Post FY 2024/25 Budget New Classification and Reclassification Requests, for the Following City Departments: Electric Utility, Public Works – Water Utilities, City Clerk, Community Services, and Finance, RESOLUTION NO. R-102-24.

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

TREASURER’S REPORT
The City Treasurer, Aurelio De La Torre, presented to council a brief summary of his report, and explained how the City of Colton’s investment portfolio is doing. The City Treasurer explained that the City’s investments are diversified and that the return on investments should continue to supply the City with 8 to 9 million dollars for the next few years.

CITY MANAGER'S REPORTS
The City Manager, William R. Smith, informed Council t hat Staff is in the middle of conducting a rate study using a consultant, in order to analyze the electric rates and the P ower Cost Adjustment . The City Manager assured Council that Staff would bring the results before them for consideration as soon as possible.

ADJOURNMENT

At 7:48 p.m. Mayor Navarro adjourned the regular Council Meeting in memory of Colton residents, Julie Ann Porter, Patsy Velasquez, Robert Perez, Johnathan Florez, and Gina Venegas, who recently passed away. The Mayor called for a moment of Silence.

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

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ITEM NO. 3

STAFF REPORT

DATE: OCTOBER 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 08/20/24 AND TOTALING $67,523.96; VOUCHER NUMBERS 214264 TO 214417 DATED
08/15/2024 AND TOTALING $810,591.57; VOUCHERS NUMBERS
214418 TO 214486 DATED 08/19/2024 AND TOTALING $962,619.19; VOUCHERS NUMBERS 214487 TO 214539 DATED 08/21/2024 AND
TOTALING $936,797.85; VOUCHERS NUMBERS 214540 TO 214620 DATED 08/28/2024 AND TOTALING $91,954.34; VOUCHERS
NUMBERS 214621 TO 214694 DATED 08/29/2024 AND TOTALING
$1,206,564.56; VOUCHERS NUMBERS 214695 TO 214787 DATED
09/03/2024 AND TOTALING $301,168.40; AND PAYROLL
DISBURSEMENT LISTING DATED 08/03/2024 TO 08/16/2024 AND TOTALING $1,243,659.22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 08/20/24 and totaling $67,523.96; voucher numbers 214264 to 214417 dated 08/15/2024 and totaling $810,591.57; vouchers numbers 214418 to 214486 dated 08/19/2024 and totaling $962,619.19; vouchers numbers 214487 to 214539 dated 08/21/2024 and totaling $936,797.85; vouchers numbers 214540 to 214620 dated 08/28/2024 and totaling $91,954.34; vouchers numbers 214621 to 214694 dated 08/29/2024 and totaling $1,206,564.56; vouchers numbers 214695 to 214787 dated 09/03/2024 and totaling $301,168.40; and payroll disbursement listing dated 08/03/2024 to 08/16/2024 and totaling $1,243,659.22.

BACKGROUND

The California G overnment Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
3 Packet Pg. 356
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
October 1, 2024

Page 2 ends

ISSUES/ANALYSIS

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

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Voucher lists.continued

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

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ITEM NO. 4

STAFF REPORT

DATE: OCTOBER 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO WEST COAST ARBORIST FOR TREE TRIMMING MAINTENANCE SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Reject bids received on August 8, 2024, for the Tree Trimming Maintenance Services; and

2. Award a Maintenance Services Agreement to West Coast Arborist, Inc., as lowest responsive and responsible bidder, for the Tree Trimming Maintenance Services for October 1, 2024, to September 30, 2025, at an annual amount not to exceed $244,372.

3. Authorize the City Manager to execute the agreement, and to execute contract extensions for three (3) additional years with annual increase based on the yearly Consumer Price Index (CPI) Increase per the State of California Department of Labor.

BACKGROUND

The City maintains trees along the parkways, parks and city facili ties, and trimming for power line clearance. These trees are regularly maintained to ensure safety of the public and power lines. In addition to the regular maintenance, tree trimming maintenance services contractor is called during emergencies involving severe weather condition s such as strong winds and heavy rains.

Tree trimming specialized expertise ensures that trees receive proper care during trimming, pruning, disease management, and removal. The City requires the contractor to be a certified arborist to properly advise City staff if certain trees are healthy or need to be removed. 4 Packet Pg. 494
Staff Report to the Mayor and City Council
Contract Award - West Coast Arborist
October 1, 2024

Page 2 ends

ISSUES/ANALYSIS

In accordance with Colton Municipal Code Section 3.08.090, a request for Notice Inviting Formal Bids was sent for publication on July 23, 2024, and Ju ly 30, 2024. The sealed bid opening took place on August 8, 2024, 3:00 P.M. in the City Hall Conference Room. Four (4) bid proposals were received from contractors. The sealed bids received are as follows:

1. The Original Mowbray’s Tree Services $280,686.48

2. Rolling Green, Inc. $300,000.00

3. Mario’s Tree Service $330,805.00

4. West Coast Arborist $424,897.00

On August 12, 2024, City staff received protest from West Coast Arborist (WCA) that the three other bidders do not possess the required C-49 contractor’s license. WCA possesses C-49 license while the other three bidders possess a D-49 license. The California Contractors State License Board (CSLB) transitioned the D -49 Tree Service classification to C -49 Tree and Palm effective January 1, 2024. Due to confusion on the validity of the D-49 license, City staff sought legal advice from the City Attorney. Upon review and communication with CSLB staff, the City Attorney advised City staff to reject all bids and re -bid the tree trimming maintenance services .

Staff recommends that the City Council reject the bids received August 8, 2024.

In accordance with Colton Municipal Code (CMC) Section 3.08.060 of the City’s purchasing ordinance, City staff resolicited formal bids for the Tree Trimming Maintenance Serv ices. The rebid for the maintenance contract was advertised on August 18, 2024, and August 25, 2024.

The City received 3 bids on the September 5, 2024 bid opening, and after evaluation, the anticipated annual cost for each bidder to maintain city tress are as follows:

1. West Coast Arborist $244,372.00

2. AC Tree Service $260,686.48

3. Tree Service Kings $270,280.00

Staff evaluated the bids received and recommends the award of Tree Trimming Maintenance Services contract (Exhibit A) to West Coast Arbori st, Inc. for an annual amount not to exceed $244,372. The new contract term is from October 1, 2024, to September 30, 2025.

The City and the contractor will have an option to renew the contract for an additional three (3) additional year term with annua l increase based on the yearly CPI Increase per the State of California Department of Labor as specified on the bid document.

FISCAL IMPACTS

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Staff Report to the Mayor and City Council
Contract Award - West Coast Arborist
October 1, 2024

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FY2024-25 appropriations for Tree Trimming Maintenance Services are budgeted in the following expenditure accoun ts. Amounts for the subsequent years will be included in the annual budget requests.

Account No. Tree Trimming Contract Funding
520-8000-8004-2350-0923-000 $ 50,000.00
100-6150-6160-2350-0000-000 $194,372.00
$ 244,372.00

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Tree Trimming Maintenance Services Agreement 4 Packet Pg. 496
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CITY OF COLTON

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of October, 2024 by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92234, County of San Bernardino, State of California (“City”) and West Coast Arborist, Inc., a Corporation with its principal place of business at 2200 E. Via Burton, Anaheim, CA 92806 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing tree trimming services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the CITY OF COLTON TREE TRIMMING MAINTENANCE SERVICES (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Tree Trimming/Pruning Services maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreeme nt, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from October 1, 2024, to Sept. 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall als o not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and wo rkers’ compensation insurance.

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

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

3.2.4 City’s Representative. The City hereby designates Brian Dickinson, Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative . Contractor hereby designates Patrick Mahoney, President, or his or her designee, to act as its representative for the performance of this Agreement ( “Contractor’s Representative ”). Contractor ’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

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

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

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors

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shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours dur ing any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

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

3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Con tractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

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

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board

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(CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. (A) Contractor shall comply, and shall ensure all subcontractors comply, with all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 (“Regulation”).
(B) Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ Fleet including, without limitation, the Certificate(s) of Rep orted Compliance (CRCs), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the Commission. (C) Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation.

Contractor shall de fend, indemnify and hold harmless the Commission, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

3.2.10.7 Water Quality.
(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Fe deral Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Pr otection Agency and the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board ; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the Ci ty, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and

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subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employ ees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

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

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company

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or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

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

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to th e parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its direct ors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice

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by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

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

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

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

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond . If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions . Should, in City ’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel a ny required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alte ration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Cont ractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best ’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with

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Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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

3.2.15 Work Sites.

3.2.15.1 Inspection Of Site . Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements . Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of w ork before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufactu rer or supplier of equipment or m aterials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of re pairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such

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corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and m anufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming w ork and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed two hundred forty -four thousand three hundred seventy -two dollars and no cents ($244,372.00) without written approval of City ’s Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

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

Contractor shall not perform, nor be compensat ed for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,

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Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interes ted parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project ma y also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liab ility arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

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

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

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

3.5 General Provisions.

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

Contractor:

West Coast Arborist, Inc.
2200 E. Via Burton
Anaheim, CA 92806
Attn: Patrick Mahoney, President
City:

City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Brian Dickinson, Public Works Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all e xpert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misc onduct of the City or the City’s agents, servants, or

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independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

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

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

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

3.5.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.

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

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its

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elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or descr ibe the scope, content or intent of this Agreement.

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

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

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

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

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

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

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

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3.5.18 Federal Provisions (Not Used)
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND WEST COAST ARBORIST, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 1st day of October 2024.

CITY OF COLTON WEST COAST ARBORIST, INC.

CORPORATION

By: ____________________________ By: _________________________ Bill Smith Patrick Mahoney
City Manager President

Attest:

____
Stephanie Vargas
Deputy City Clerk

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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Exhibit A-1

EXHIBIT “A”

SCOPE OF SERVICES

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ITEM NO. 5

STAFF REPORT

DATE: OCTOBER 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ANTHONY VEGA, POLICE CHIEF
SUBJECT: APPROVE RECORDATION OF NOTICE OF COMPLETION FOR POLICE DEPARTMENT RESTROOM RENOVATIONS.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the execution and recordation of the Notice of Completion for the Police Department restroom renovation project.

BACKGROUND

The Police Department a t City Hall houses offices for police dispatch, officers, and administrative staff. However, the current women’s restroom could no longer accommodate the growing number of female officers and professional staff. To address this, the men's restroom used by administrative staff was converted into a women’s restroom.

The existing women’s restroom was remodeled into a men’s restroom. This renovation included the addition of a shower, a toilet, urinals, and the relocation of two sinks and faucets. All renovations ensure d the restrooms were compliant with the Americans with Disabilities Act (ADA) requirements.

ISSUES/ANALYSIS

On January 16, 2024, the City Council awarded a construction contrac t to Preferred General Services in the amount of $91,328.54.

There was a change order for $4,563.00, which is within the five percent ( 5%) of the original contract and therefore within the City Manager’s authority to approve. 5 Packet Pg. 518
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The project is now complete and to the satisfaction of the Project Manager.

FISCAL IMPACTS

There is no additional fiscal impact to file the Notice of Completion. The total project approved costs were $95,891.54. The project was funded by the Local Fiscal Recover y Funds in general ledger account number 219-2440-1000-3890-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Notice of Completion
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ITEM NO. 6

STAFF REPORT

DATE: OCTOBER 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: AFFIRM ONGOING EMERGENCY AT AGUA MANSA POWER
PLANT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Confirm ongoing emergency condition at Agua Mansa Power Plant and authorize the City Manager or designee to execute all necessary agreements to complete repairs to the power plant and simultaneously execute all necessary agreements for a lease engine as provisioned in Colton Municipal Code section 3.08.130(A), authorizing emergency contracting for repairs and waive the formal competitive bidding process.

BACKGROUND

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

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

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

Due to this discovery, AMPP cannot be run until repairs are completed. With AMPP out of market, the Electric Utility faces significant costs for replacement energy that are esti mated to be 6 Packet Pg. 521
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as high as $29,000,000.

ISSUES/ANALYSIS

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

3.08.130 (A), dispatching with the Formal Bidding requirements and has executed agreements with ProEnergy Services, LLC to overhaul the City’s gas turbine and simultaneou sly lease a gas turbine to bring AMPP back into market as quickly as practicable.

3.08.130 (A), which with Council concurrence allows for dispatching with the formal bidding requirements and therein allowing the City to ente r into agreement with P roEnergy Services for overhaul of the City’s engine and the lease of a temporary engine to power AMPP. The leased engine is on a weekly basis at a rate of $110,000. It is estimated the City will need the leased engine for approximate ly 13 weeks for a total of $1,430,000. The overhaul and repairs to the City’s engine have an estimated not to exceed cost of $2,900,000 which includes a 10 percent contingency to accommodate for additional work that may be required but is not yet known at this time. In total, the cost for the leased engine and repairs to the City’s engine are anticipated to be $4,330,000.

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

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

FISCAL IMPACTS

Sufficient appropriations are available in the FY2024 -25 adopted budget in Electric Utility Fund Agua Mansa Power Plant Capital Account Number 520-8000-8009-4930-0101-000.

ALTERNATIVES

Provide alternative direction to staff.
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ITEM NO. 7

STAFF REPORT

DATE: OCTOBER 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVE SECOND READING OF AN 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), ORDINANCE NO. O-13-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the second reading of An ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF COLTON AUTHORIZING THE LEVY OF SPECIAL

TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLU DING

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

ATTACHMENT

1. Ordinance No. O-13-24
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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 (th e “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 conduc ted 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 Annex ation 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 i n 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 d irected 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 administe ring 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 pro vided 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 ta x

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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 fo und 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 17 th day of September, 2024 and by unanimous vote of the City Council members present, further reading was waived.

PASSED, APPROVED AND ADOPTED this 1st day of October, 2024.

FRANK J. NAVARRO
Mayor

ATTEST:

STEPHANIE M. VARGAS
Chief Deputy City Clerk

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ITEM NO. 8

STAFF REPORT

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),
ORDINANCE NO. O-14-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the second reading of An 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).

ATTACHMENT

1. Ordinance No. O-14-24
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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 s aid 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, includ ing the Annex ation 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 t he 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.

SECTION 3. The City Manager of the City or designee or employee or consultant of the City is hereby aut horized 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 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.

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PASSED, APPROVED AND ADOPTED this 1st day of October, 2024.

FRANK J. NAVARRO
Mayor

ATTEST:

STEPHANIE M. VARGAS
Chief Deputy City Clerk

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Attachment: Ordinance No. O-14-24 (4695 : Second Reading of Ordinance No. O-14-24)

ITEM NO. 9

STAFF REPORT

COUNCIL OF THE CITY OF COLTON TO 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), ORDINANCE NO. O-10-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the second reading of An Ordinance Of The City Council Of The City Of Colton, California, To 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).

ATTACHMENT

1. Ordinance No. O-10-24
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ORDINANCE NO. O-10-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, TO AMEND SECTION IN CHAPTER S 18.04 AND 18.06 OF TITLE 18 (ZONING) OF THE COLTON MUNICIPA L CODE

RELATED TO DEFINITIONS AND PERMITTED USES AS RELATED TO

AUTOMOBILE IMP OUND YARDS AND AUTOM OBILE 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 a dopted 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

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at which persons wishing to testify in connection with the Zoni ng 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.

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 a ll 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 Pla n 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 flexi bility 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 appr eciable 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

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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 chapter s 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 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.

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o Policy LU -3.6: “ Identify and revitalize areas within the City which, through deterioration of structure s, 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 impro vements 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.

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.

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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 Or dinance will increase and diversify local e mployment 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 striketh rough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

18.04.064 - Automobile Impound Yard .

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

18.04.074 –Automobile Storage.
“Automobile Storage" means storage or parking of automobiles, not including trucks, with or wit hout 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

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SECTION 5. CEQA. The City Council finds that this Ord inance 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 t he 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 t hat are affected by these changes.

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, C alifornia 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 s everable. 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.

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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 tha n 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 1st day of October, 2024.

___
______________________________
FRANK J. NAVARRO
Mayor

ATTEST:

______________________________________
STEPHANIE M.VARGAS
Chief Deputy City Clerk

APPROVED AS TO FORM:

______________________________________

BEST BEST & KRIEGER LLP
City Attorney

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Colton City CouncilOctober 1, 2024

Colton City Council
October 1, 2024