1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov
Mayor Frank J. Navarro
Council Members:
David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4
City Treasurer Henry M. Razo
City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Isaac T. Suchil
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, FEBRUARY 4, 2025 – 5:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
CLOSED SESSION CALLED TO ORDER
ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments re garding Closed Session items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide a copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
Please state your name and your City of Residence before providing your comment.
2 A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case
B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Electric Division International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title - City Attorney
CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No in dividual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Peter Tasaka - The Vineyard Church
FLAG SALUTE Veterans of Foreign Wars (VFW) Vietnam Veteran Tom Leon
ROLL CALL
3 CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Recognition - CYSO President Cup Champions
Promotion Recognition - Police Department
Proclamations - 130th Water/Electric Birthday
MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
APPOINTMENTS
MAYOR AND COUNCIL DISCUSSION ITEMS
PUBLIC HEARINGS
There are no Public Hearing items.
BUSINESS ITEMS
There are no Business items.
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide a copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
Please state your name and your City of Residence before providing your comment.
4 CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
(1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on January 21, 2025, on File in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(2) Warrants - Approve voucher numbers 216699 to 216777 dated 12/26/2024 and totaling $99,117.40; voucher numbers 216778 to 216867 dated 01/02/2025 and totaling $498,618.87 and voucher numbers 216868 to 216974 dated 01/09/2025 and totaling $764,690.69. [Staff Person: Stacey Dabbs]
(3) Agreement - Elite Maintenance and Tree Service - Approve a Maintenance Service Agreement with Elite Maintenance and Tree Service to Provide Landscape Maintenance for Water and Wastewater Facilities. [Staff Person: Robert DeLoach]
(4) Conclude Emergency Condition - Aqua Mansa Power Plant - Conclude Ongoing Emergency Condition at Aqua Mansa Power Plant.
[Staff Person: Charles Berry]
(5) Contract Amendment - ERSC - Approve First (1st) Amendment to Professional Services Agreement (PSA) for Engineering Services with Engineering Resources of Southern California, Inc. (ERSC) for Fiscal Year (FY) 24/25.
[Staff Person: Robert DeLoach]
(6) Contract Amendment - Willdan Engineering - Approve Fourth Contract Amendment with Willdan Engineering for Building and Safety Support Services.
[Staff Person: Heidi Duron]
(7) Purchase - Axon Enterprise Inc. - Approve Resolution to Accept Award from the County of San Bernardino, and Purchase Police In-Car Camera System from Axon Enterprise Inc., RESOLUTION NO. R-04-25. [Staff Person: Anthony Vega]
(8) Second Reading of Ordinance No. O-01-25 - Approve Second Reading of an Ordinance of the City of Colton Amending Title 18, Section 18.48.150 Of The Colton Municipal Code Relating To Accessory Dwelling Units And Junior Accessory Dwelling Units And Determining The Adoption Of The Ordinance To Be Statutorily Exempt From CEQA Under Public Resources Code § 21080.17 (File Index No. Dap24 -0049), ORDINANCE NO.
O-01-25.
[Staff Person: Stephanie M. Vargas]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.
CITY MANAGER'S REPORTS
ADJOURNMENT
5 I, Stephanie M. Vargas, the Chief Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(a), at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you obtain a card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda ; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the Ci ty Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate di scussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
6 In compliance with the American with Dis abilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.
ITEM NO. 1
STAFF REPORT
DATE: FEBRUARY 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, CHIEF DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON JANUARY 21, 2025, ON FILE IN THE OFFICE OF THE CITY CLERK.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting held on January 21, 2025.
BACKGROUND
Minutes for the City Council Regular Meeting held on January 21, 2025.
FISCAL IMPACTS
None
ATTACHMENT
1. 01-21-2025 - Draft Minutes
1 Packet Pg. 7
January 21, 2025 Regular City Council Meeting 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
January 21, 2025
Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.
CITY COUNCIL ROLL CALL
Councilmembers present were Council Members Toro, González, Echevarria and Mayor Navarro; Councilmember Chastain was absent.
STAFF PRESENT
City Manager Smith, City Attorney Campos, and City Clerk Suchil.
PUBLIC COMMENT
None
CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Items A and B.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Moulas v. City of Colton, et al.
San Bernardino County Superior Court, Case No.CIVSB2401378 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title – City Attorney
Mayor Navarro a djourned the meeting to Closed Session at 5:01 p.m. and Councilmember Chastain joined closed session at 5:04. The meeting reconvened with all members being present at 6:00 p.m.
City Attorney Reports/Reportable Action
City Attorney Campos announced that the City Council met in Closed Session and discussed Items A and B; direction was given, but there was no reportable action.
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Attachment: 01-21-2025 - Draft Minutes (4813 : Draft Minutes 01-21-25) January 21, 2025 Regular City Council Meeting 2 -
January 21, 2025
Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Eric Strutz – The Door Church
FLAG SALUTE: Councilmember David J. Toro
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Kelly J. Chastain Isaac T. Suchil, City C
Dr. Luis S. González
MPT John Echevarria
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Retirement Recognition - Lisa Villa
Stacey Dabbs, Finance Director, presented a Certificate of Recognition to Lisa Villa for her 37 years of service to the City of Colton.
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF JANUARY 21, 2025.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflic t of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
Councilmember Echevarria
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Attachment: 01-21-2025 - Draft Minutes (4813 : Draft Minutes 01-21-25) January 21, 2025 Regular City Council Meeting 3 -
APPOINTMENTS
Mayor Pro Tempore Appointment
Mayor Navarro nominated Councilmember David Toro to be Mayor Pro Tempore; no other nomination were offered. Appointment confirmed with full consensus and support of Councilmembers present; no objection; so ratified.
City Council Committees & Interagency Appointments
All appointments made with full consensus and support of Councilmembers present; no objection; so ratified.
MAYOR AND COUNCIL DISCUSSION ITEMS
None
Council appts. are served in two year terms and ratified at the 1st regular CC meeting in January, following the November General Election.
COUNCIL APPOINTMENTS
Navarro Toro ChastainGonzalezEchevarria
Effective: 1/21/2025
INTERGOVERNMENTAL AGENCY M D1 D2 D3 D4 MEETING DATE TIME LOCATION LEAD DEPT AMIGA (Agua Mansa Industrial Growth Association) D1 D3 As Needed (Annually in June) 4:00 PM SBCo Govt Center, SB PWorks CONFIRE D1 D4 As Needed 1:30 PM EOC Rm, 1743 W. Miro Way, Rialto Fire IVDA (Inland Valley Development Agency) M D1 2nd Wednesday, monthly 5:00 PM SBIAA/IVDA Offices Econ Dev OMNITRANS M D1 1st Wednesday, monthly 8:00 AM Omnitrans Office, SB PWorks SBIAA (San Bernardino International Airport Authority) M D4 4th Wednesday, monthly 5:00 PM SBIAA/IVDA Offices Econ Dev RIX/JPA D4 1st Wednesday, quarterly 3:00 PM 399 Chandler Street, SB Pworks/WWWater SBCTA (San Bernardino County Transportation Authority) M D1 1st Wednesday, monthly 10:00 AM SBCTA Office, 1170 W 3rd St, SB PWorks SCAG (Southern California Association of Governments) M 1st Thursday, monthly 10:00 AM LA Offices PWorks SWAT (Solid Waste Advisory Task Force) D2 D3 2x Annually (Thurs. in Apr & Oct) 1:30 PM 7863 Central Avenue, Highland PWorks LAFCO (Local Agency Formation Commission) M 3rd Wednesday, monthly 9:00 AM 1170 W. 3rd Street, Unit 150 San Bernardino
COUNCIL COMMITTEES
Navarro Toro ChastainGonzalezEchevarria
Effective: 1/21/2025
M D1 D2 D3 D4 MEETING DATE TIME LOCATION LEAD DEPT
ANIMAL CARE SERVICES D1 As Needed 5:00 PM Council Conference Rm Police/Animal Services BEAUTIFICATION-CITY WIDE D1 D2 As Needed 5:15 PM Council Conference Rm Pworks/Econ Dev BUSINESS DEV & RETENTION D1 D4 As Needed 5:00 PM Council Conference Rm Econ Dev BRIDGE D1 D2 As Needed 5:30 PM Council Conference Rm CMgr/Police/Pworks CDBG M D3 2 Mtgs in Jan/Feb 5:30 PM Council Conference Rm CMgr/Pworks/ED FINANCE M D1 As Needed 4:30 PM Council Conference Rm Finance PARKS & REC FOUNDATION D1 2nd Mondays, Mar/Jun/Sep/Dec 5:00 PM Council Conference Rm Comm Serv MILITARY BANNER D1 D2 As Needed TBD City Hall City Clerk RAILROAD LIAISON COMMITTEE D1 D2 As Needed TBD Council Conference Rm City Council SBCo HOMELESS PARTNERSHIP (SBCHP) D3 4th Wednesday of Month 9:00-11:00 AMSBCo ICH Office Community Services TRAFFIC SAFETY M 1st Monday of Month 10:00 AM Council Chambers PWorks PROP. 64 AUMA (ADULT USE/MARIJUANA ACT) D1 D4 As Needed 5:00 PM Council Conference Rm Econ Dev
MEETING DATE TIME LOCATION LEAD DEPT
LIBRARY BOARD (Liaison) D3 4th Tuesday of Month 12:00 PM Council Conference Rm Communtiy Services
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Attachment: 01-21-2025 - Draft Minutes (4813 : Draft Minutes 01-21-25) January 21, 2025 Regular City Council Meeting 4 -
PUBLIC HEARINGS
(1) ADU Ordinance Amendment - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY AN ORDINANCE AMENDING TITLE 18, SECTION 18.48.150
OF THE COLTON MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ADOPTION OF THE
ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP24-0049), ORDINANCE NO. O-01-25.
The Mayor opened the Public Hearing.
The City Clerk Suchil submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no protests or objections thereto.
Staff Presentation
Heidi Duron, the Development Services Director, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Motion and Second by MPT Toro/ CM Chastain to close the public hearing.
Vote: Unanimous, Motion Passes
Motion and Second by CM Echevarria/ MPT Toro to Waive full reading, read by title only, and pass the first reading for Ordinance No. O-01-25.
Vote: Unanimous, Motion Passes
BUSINESS ITEMS
(2) FY2023-24 ACFR - Receive and File the FY2023-24 Annual Comprehensive Financial Report (ACFR) and Related Reports.
Staff Presentation
Stacey Dabbs, Finance Director, introduce d Kassie Radermacher, Principal with CLA, to present to 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:
Stacey Dabbs, Finance Director, Kassie Radermacher, Principal with CLA,
Motion and Second by CM González/ MPT Toro to Receive and File the FY2023-24 ACFR.
Vote: Unanimous, Motion Passes
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Attachment: 01-21-2025 - Draft Minutes (4813 : Draft Minutes 01-21-25) January 21, 2025 Regular City Council Meeting 5 -
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PUBLIC COMMENT
The following community members addressed the Council: Veronica Castro Gonzales, Nick Zupkofska.
***************************************************************************
CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 14.
Motion and Second by CM González/ CM Echevarria to approve consent calendar Items 3 through 14.
Vote: Unanimous, Motion Passes with CM Chastain voting no on item 12.
(3) Minutes - Approval of Minutes for the City Council Regular Meeting Held on December 17, 2024, on File in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(4) Warrants - Approve US Bank voucher dated 11/22/2024 and totaling $64,827.04; voucher numbers 216273 to 216352 dated 11/27/2024 and totaling $91,307.52; voucher numbers 216353 to 216490 dated 12/02/2024 and totaling $915,141.03; voucher numbers 216491 to 216581 dated 12/05/2024 and totaling $4,088,395.52; voucher numbers 216582 to 216665 dated 12/12/2024 and totaling $331,539.87; wires dated 12/14/2024 and totaling $2,902,127.48; voucher numbers 216666 to 216698 dated 12/19/2024 and totaling $439,342.23; a payroll disbursement listing dated 10/26/2024 to 11/08/2024 and totaling $1,157,747.26 and payroll disbursement listing dated 11/09/2024 to 11/22/2024 and totaling $1,333,513.66.
[Staff Person: Stacey Dabbs]
(5) City Treasurer's Report - Receive and File City Treasurer's Report for September 2024. [Former City Treasurer: Aurelio De La Torre]
(6) Change Order - Cat Tracking, Inc. & Pacific Products & Services - Approve and Adopt a Resolution for Change Order No. 2 with Cat Tracking, Inc. and Pacific Products & Services for the FY 24/25 Termed Purchase Order for the Supply of Street Signs, RESOLUTION R-03-25. [Staff Person: Robert DeLoach]
(7) Change Order - West Coast Arborist - Approve Change Order #1 to Service Agreement with West Coast Arborist.
[Staff Person: Robert DeLoach]
(8) Contract Amendment - Bureau Veritas - Approve First (1st) Amendment to Professional Services Agreement (PSA) for Engineering Plan Check Consulting Services with Bureau Veritas North America, Inc. for Fiscal Year 24/25.
[Staff Person: Robert DeLoach]
(9) Contract Amendment - ECORP Consulting - Approve First Contract Amendment for Environmental Services with ECORP Consulting Inc., for Pre-Construction Development of Colton Eco-Friendly Park with Community Sports Fields.
[Staff Person: Deb Farrar]
(10) Contract Amendment - GK & Associates - Approve First Amendment to Contract with GK & Associates for the Provision of Engineering Support.
[Staff Person: Robert DeLoach]
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Attachment: 01-21-2025 - Draft Minutes (4813 : Draft Minutes 01-21-25) January 21, 2025 Regular City Council Meeting 6 -
(11) Contract Amendment - PBLA Engineering, Inc. - Approve Contract Amendment to PBLA for Project Management Necessary in the Pre-Construction Development of Colton Eco Friendly Park with Community Sports Fields.
[Staff Person: Deb Farrar]
(12) Contract Award - Red Hawk Services Inc. - Approve Contract Award to Red Hawk Services Inc. for Carnegie Building Fencing.
[Staff Person: Robert DeLoach]
(13) Notice of Completion - Washington Street Bicycle Route Project - Approve a Notice of Completion for the Washington Street Bicycle Route Project.
[Staff Person: Robert DeLoach]
(14) Purchase – Meridian Rapid Defense Group - Approve Purchase with Meridian Rapid Defense Group for Barricades and Trailer in the amount of $125,932.41.
[Staff Person: Deb Farrar]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
None
ADJOURNMENT
At 7:27 p.m.. Mayor Navarro adjourned the Regular Council Meeting in Memorium for David Estrada Ramos, Christian Bocanegra Veagus, Loren Chiever, Christina Zermano, Joseph R. Toro, Fire fighter Kevin Skinners, and Deputy Timothy Corlew; a moment of silence was observed in their honor.
__________________________
Isaac T. Suchil
City Clerk
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Attachment: 01-21-2025 - Draft Minutes (4813 : Draft Minutes 01-21-25)
ITEM NO. 2
STAFF REPORT
DATE: FEBRUARY 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 216699 TO 216777 DATED 12/26/2024 AND TOTALING $99,117.40; VOUCHER NUMBERS
216778 TO 216867 DATED 01/02/2025 AND TOTALING $498,618.87 AND VOUCHER NUMBERS 216868 TO 216974 DATED 01/09/2025
AND TOTALING $764,690.69.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve voucher numbers 216699 to 216777 dated 12/26/2024 and totaling $99,117.40; voucher numbers 216778 to 216867 dated 01/02/2025 and totaling $498,618.87 and voucher numbers 216868 to 216974 dated 01/09/2025 and totaling $764,690.69.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the Finance Director and City Manager.
FISCAL IMPACTS
None.
ALTERNATIVES
2 Packet Pg. 14
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
February 4, 2025
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
2 Packet Pg. 15
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. 3
STAFF REPORT
DATE: FEBRUARY 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE A MAINTENANCE SERVICE AGREEMENT WITH ELITE
MAINTENANCE AND TREE SERVICE TO PROVIDE LANDSCAPE
MAINTENANCE FOR WATER AND WASTEWATER FACILITIES.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve a Maintenance Service Agreement with Elite Maintenance and Tree Ser vice (EMTS) to provide Landscape Maintenance for Water and Wastewater Facilities for a term of three years at an annual cost of $53,579.76 plus a one-time initial cleanup cost of $7,075 and a total not to exceed cost of $167,814.28 for a three-year period.
2. Authorize the City Manager to approve and execute up to two , one-year contract extensions at an annual cost of $53,579.76 for a total not to exceed $107,159.52.
BACKGROUND
The City of Colton operates and maintains 25 water and wastewater facilities ac ross the City of Colton, San Bernardino, and County of San Bernardino areas. These facilities are critical to ensuring the safe and efficient delivery of essential services to our community. Proper landscaping maintenance is essential not only to uphold the professional appearance of these properties but also to prevent potential safety hazards and ensure accessibility for operations staff and the public. Proper maintenance also ensures compliance with safety and environmental standards, reducing liabili ty and operations risks. While our team works diligently to maintain these facilities, the current staffing levels present challenges in meeting the full scope of maintenance needs. This report highlights the importance of providing additional support to enhance our efforts and maintain the high standards expected for these critical facilities.
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Staff Report to the Mayor and City Council
Agreement - Elite Maintenance and Tree Service
February 4, 2025
ISSUES/ANALYSIS
Thorough effort was made to solicit competitive bid proposals for the Landscape Maintenance for Water and Wastewater Facilities . In accordance w ith Colton Municipal Code section
3.08.110, a request for bids was solicited through the City’s bidding portal, Bidnet Direct. The bid was advertised on November 19, 2024, and closed on December 17, 2024. The following bids were received on December 17, 2024, for this program:
Bidder Annual Bid
Price
Initial Site
Clean-up Price
Total First
Year Bid
Amount
Elite Maintenance and Tree Service $ 53,579.76 $ 7,075.00 $ 60,654.76 Integrity Arborist & Ecoscape $ 70,800.00 $ 11,500.00 $ 82,300.00 Landscape West Management $ 83,280.00 $ 4,000.00 $ 87,280.00 Pest Options, Inc $ 95,880.00 $ 55,791.00 $ 151,671.00 RP Landscaping $ 107,820.00 $ 16,488.00 $ 124,308.00
Skylandscape LLC. $ 123,600.00 $ 7,500.00 $ 131,100.00 Mariposa Landscapes, Inc. $ 248,388.00 $ 37,660.00 $ 286,048.00
Staff recommends the approval of a maintenance service agreement to EMTS for an annual amount of $ 53,579.76 plus a one -time initial site cleanup cost of $7,075.00 for Landscape Maintenance for Water and Wastewater Facilities for a period of three years for a not to exceed cost of $167,814.28, and authorize the City Manager to approve and execute up to two additional one year contract extensions at an annual cost of $53,579.76 for a total not to ex ceed $107,159.52.
FISCAL IMPACTS
The total cost of the Landscape Maintenance for Water and Wastewater Facilities for FY 2024/25 is $ 60,654.76 which includes a one -time clean -up cost of $7,075.00 . Sufficient appropriations are available in the adopted FY 2024/25 budget for water and wastewater under the following accounts.
Water Fund 521-8100-8101-2350-0000-000 $39,895.10
Wastewater Fund 522-8200-8200-2350-0000-000 $20,759.66
For Fiscal Year 2025 /26 through 2027 /28 the total cost will be $ 53,579.76 per year. The total cost obligation to the City for the future terms will total a not to exceed amount of $107,159.52.
Future years will be included in the annual department budget request.
ALTERNATIVES
1. Provide alternative directions to staff.
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ITEM NO. 4
STAFF REPORT
DATE: FEBRUARY 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: CONCLUDE ONGOING EMERGENCY CONDITION AT AQUA
MANSA POWER PLANT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Conclude ongoing emergency condition at Aqua Mansa Power Plant.
BACKGROUND
During a routine inspection of the GE LM6000 turbine (turbine) at Aqua Mansa Power Plant (AMPP) in May 2024, it was discovered that the engine had experienced internal damage that could lead to catastrophic failure. Subsequently, staff took AMPP offline and proceeded to perform an analysis to determine the potential market exposure for replac ement energy and energy products. The financial exposure was estimated to be as high as $29 million leading into unfavorable market conditions due to peak system demand . Due to the extensive financial exposure and the need to take immediate corrective ac tion, staff consulted with the City Attorney’s Office as well as the City Manager and as such, an emergency condition was declared pursuant to Colton Municipal Code 3.08.130 (A). Further, the City Manager directed staff to take necessary corrective action s as needed to repair the damaged turbine and return AMPP to normal operations.
At the regular City of Colton City Council meeting on June 18, 2024, by a vote of 5 to 0, the City Council ratified the existence of an emergency condition at AMPP. Further, the Council authorized the emergency repairs pursuant to the authority granted in Section 3.08.130 (A) of the City of Colton Municipal Code and California Public Contract Code, Section 22050.
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Staff Report to the Mayor and City Council
Conclude Emergency Condition - Aqua Mansa Power Plant
February 4, 2025
Agreements were executed with ProEnergy Services, LLC of Sedalia, Missouri, on June 7, 2024, to (1) provide one GE LM6000 PC turbine at a lease rate of $110,000 per week for a period not to exceed 13 weeks at an estimated co st of $1,430,000 , in addition to nominal fees for mobilization/de-mobilization, commissioning, transport as well as labor , at an estimated cost of $184,979; and (2), remove, overhaul and reinstall the damaged turbine at an estimated cost of $2,900,000.
The damaged turbine was removed on June 19, 2024, and the leased turbine was installed on July 6, 2024. The leased turbine was test fired and commissioned on July 8 , 2024, which placed AMPP back into market and available for dispatch to support the City’s energy needs and the broader CAISO market.
The leased turbine was removed on September 23, 2024, temporarily taking AMPP offline and out of market. The installation of the overhauled turbine was completed on October 23, 2024, test fired and returned to market on October 25, 2024.
Ongoing tuning and optimization of the overhauled engine is needed; however, AMPP remains available for dispatch when called upon by the CAISO.
Aggregated costs for the leasing of a turbine and overhauling of the City’s turbine were estimated at $4,330,000. The project was completed on budget within anticipated timeline s with a final cost of the leased engine of $ 1,670,693.29 and the overhaul portion of the project of $2,416,483.50 for a total project cost of $4,087,176.79.
ISSUES/ANALYSIS
With the potential of catastrophic failure of the turbine, the City faced signif icant financial exposure to the wholesale market for replacement energy and energy products. This exposure was estimated to be as high as $29 million, thus it would have created significant financial stress on the City and ratepayers. To optimize repairs , minimize costs and lessen the out-of-market duration of AMPP, staff recommended the City Council to ratify the declared emergency condition and direct staff to take all necessary and requisite steps to bring AMPP back online and continue the emergency condition until such time as AMPP could return to a normal status.
To restore operability of AMPP on an interim basis, staff executed an Agreement with ProEnergy Services, LLC to utilize a leased GE LM6000 turbine to bring AMPP back into market as expeditio usly as possible. Simultaneously, a second Agreement was executed with ProEnergy Services, LLC to overhaul the City’s turbine along with providing ancillary services for mobilization/de-mobilization, testing, transport and requisite support for said servi ces. This approach resulted in a cost avoidance in excess of $24 million while extending the useful life of City owned turbine and by extension, the AMPP project itself.
FISCAL IMPACTS
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Staff Report to the Mayor and City Council
Conclude Emergency Condition - Aqua Mansa Power Plant
February 4, 2025
There are no fiscal impacts for concluding the emergency declaration.
ALTERNATIVES
Provide alternative direction to staff.
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ITEM NO. 5
STAFF REPORT
DATE: FEBRUARY 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE FIRST (1ST) AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT (PSA) FOR ENGINEERING SERVICES
WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA,
INC. (ERSC) FOR FISCAL YEAR (FY) 24/25.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Authorize the increase in compensation to the Professional Services Agreement (PSA) with Engineering Resources of Southern California, Inc. (ERSC) by $45,000 for FY 24/25.
2. Authorize the City Manager to execute the First Amendment to the Professional Services Agreement (PSA) with Engineering Resources of Southern California (ERSC) for FY 24/25
BACKGROUND
The Public Works and Utility Services Department – Engineering Division retains as -needed engineering services to assist with plan check reviews of various development projects in several different technical areas. These as-needed plan check services ensure timely project reviews and help maintain cost efficiency through competitive service procurement.
On July 1, 2024, a Professional Services Agreement (PSA) was awarded to Engineering Resources of Southern California, Inc. (ERSC) in the amount of $45,000 per Engineering Staff recommendation.
ISSUES/ANALYSIS
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Staff Report to the Mayor and City Council
Contract Amendment - ERSC
February 4, 2025
Due to continued volume of plan check activities and expected engineering plan check activities in the current fiscal year, the Publi c Works and Utility Services Department is requesting to amend the existing PSA with ERSC by increasing the contract amount for the Fiscal Year (FY) 24/25 from $45,000 to $90,000, in line with the increased influx and continual review of commercial develop ment projects from previous fiscal year budgets. Adding an additional $45,000 to the existing PSA for a total of $90,000 to continue providing engineering plan check services requires City Council authorization as it exceeds the $50,000 threshold amount authorized to award under the City Manager’s authority.
Multiple residential and commercial developments have been entitled with the Planning Division of the Development Services Department and have commenced plan check services in the Engineering Divisio n of the Public Works and Utility Services Department. Among these projects are the following: residential Tract Map 20340 (Santo Antonio Townhomes), 450,000 sq. ft. industrial warehouse on the south side of Agua Mansa Rd., west of Rancho Ave., a truck repair shop and trailer storage yard on Mission St., 5 unit apartment complex on 300 W.
Congress St., 8,000 sq. ft. industrial building for manufacturing of trailers at 951 S. Jefferson St., renovation of an existing medical office building at 952 S. Mt. Ver non Ave., the redevelopment of a donut shop at 736 W. Valley Blvd., mix use live/work buildings at 200 W. Congress St., a truck and trailer repair facility at 1421 N. 8 th St., a contractor storage yard at 280 Fogg St., a Car Wash Facility at 2015 N. Rancho Ave., a Contractor and any new upcoming new development projects in the pipeline with the Planning Division of Development Services Dept. The revenue increase to offset the increased plan check fee expenditures due to increased development is summarized and totaled as follows:
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Staff Report to the Mayor and City Council
Contract Amendment - ERSC
February 4, 2025
FISCAL IMPACTS
The total amount for the Professional Services Agreement (PSA) with Engineering Resources of Southern California, Inc., including the first amendment is $90,000. Sufficient appropriations for this 1st Amendment to the PSA are available in General Fund Engineering Division Professional Services Account No. 100-6150-6151-2350-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - 1st Amendment to PSA_R
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1 FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement ( “First Amendment”) is made and entered into this 04th day of February, 2025 by and between the City of Colton (“City”) and Engineering Resources of Southern California, Inc., (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated February 04 , 202 5 (“Agreement”), whereby Consultant agreed to provide professional plan check services for various development projects (“Services”).
2.2 Amendment Purpose. City and Consultant desire to amend the Agreement for the First time to increase compensation by $45,000.
2.3 Amendment Authority. This First Amendment is authorized pursuant to Section
3.6.13 of the Agreement.
3. TERMS.
3.1 Scope of Services and Term. Compensation. Section 3. 1.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
3.1.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Ninety Thousand Dollars and No Cents ($90,000.00) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
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Attachment: Exhibit A - 1st Amendment to PSA_R (4783 : Contract Amendment - ERSC) 2 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
3.4 Severability. If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Attachment: Exhibit A - 1st Amendment to PSA_R (4783 : Contract Amendment - ERSC) 3 SIGNATURE PAGE FOR FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the Professional Services Agreement as of the 04th day of February 2025.
CITY OF COLTON
By: ___________________________ Attest: ___________________________ William R. Smith Isaac T. Suchil
City Manager City Clerk
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.,
A corporation
By: ___________________________ By: ___________________________ Signature Signature
John M. Brudin Moe Ahmadi .
Name (Print) Name (Print)
President Vice President .
Title (Print) Title (Print)
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Attachment: Exhibit A - 1st Amendment to PSA_R (4783 : Contract Amendment - ERSC) 4 EXHIBIT “A – FIRST AMENDMENT”
SCOPE OF SERVICES
Provide Plan Check and Inspection Services. Scope of Services include but not limited to engineering plan check services for:
1. Grading Plans (Rough and Precise Grading)
2. Water Quality Management Plan (WQMP)
3. Storm Drain Plans
4. Drainage Studies/Reports
5. Street Improvement Plans
6. Traffic Control Plans
7. Signing and Striping Plans
8. Water Utility Plans
9. Wastewater Utility Plans
10. Final Tract and Parcel Maps
11. Easements
12. Dedications/Vacations
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Attachment: Exhibit A - 1st Amendment to PSA_R (4783 : Contract Amendment - ERSC) 5 EXHIBIT “B – FIRST AMENDMENT”
SCHEDULE OF SERVICES
July 1, 2024 to June 30, 2025
1. Requested plan check reviews are at an as needed basis and are not guaranteed. They are at the discretion of the City.
2. Standard plan check review turn-around times are within two (2) weeks from the date emailed of such requested services.
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Attachment: Exhibit A - 1st Amendment to PSA_R (4783 : Contract Amendment - ERSC) 6 EXHIBIT “C – FIRST AMENDMENT”
COMPENSATION
NOT TO EXCEED AMOUNT OF NINETY THOUSAND DOLLARS AND NO CENTS ($90,000.00)
Professional Staff
President…………………………………………………………………………………………..$297.00
Vice President……………………………………………………………………………......…..$255.00 Sr. Principal Engineer……………………………………………………………………………$250.00 Principal Engineer……………………………………………………………..…………………$224.00 Assistant Principal Engineer…………………………………………………………….………$208.00 Engineer V…………………………………………………………………………………...……$188.00
Engineer IV…………………………………………………………………………..……………$172.00
Engineer III………………………………………………………………………………..………$156.00
Engineer II………………………………………………………………………………..……….$141.00
Engineer I………………………………………………………………………………………….$125.00
Engineering Staff
Principal Engineering Associate…………………………………………………………..…….$203.00 Senior Engineering Associate……………………………………………………………….….$182.00 Engineering Associate V…………………………………………………………………………$162.00 Engineering Associate IV…………………………………………………………………….….$141.00 Engineering Associate III………………………………………………………………………..$130.00 Engineering Associate II…………………………………………………………………...…….$115.00 Engineering Associate I……………………………………………………………………….…$110.00 Engineering Aide II…………………………………………………………………………..…….$63.00 Engineering Aide I……………………………………………………………………………..…..$58.00
Survey Staff and Services
Principal Surveyor………………………………………………………………………….…….$208.00 Senior Surveyor……………………………………………………………………………….….$172.00 Surveyor III………………………………………………………………………….…………….$136.00
Surveyor II……………………………………………………………………………..………….$120.00
Surveyor I………………………………………………………………………………………….$104.00
2-Man Survey Crew (Std Equipment/Truck)………………………………………..…………$312.00 1-Man Survey Crew (Std Equipment/Truck)…………………………………………….…….$245.00 3rd Man on Survey Crew…………………………………………………………………..……..$136.00
Construction Support Staff
Construction Manager……………………………………………………………….…………..$208.00 Chief Construction Inspector………………………………………………………………..…..$162.00 Sr. Construction Inspector……………………………………………………………………....$151.00 Construction Inspector…………………………………………………………………………..$141.00 Inspector Overtime (Hours 8-12/Saturdays)………………………………………….……….$193.00 Inspector Overtime (Hours 12+/Sundays)…………………………………..…………………$229.00
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Attachment: Exhibit A - 1st Amendment to PSA_R (4783 : Contract Amendment - ERSC) 7 Administrative Staff
Operations Manager……………………………………………………………………………..$115.00 Operations Specialist………………………………………………………………………………$99.00 Administrative Assistant II…………………………………………………………….…………..$89.00 Administrative Assistant I………………………………………………………………….………$78.00
Other Direct Expenses
Vehicle Mileage……………………………………………………………………………….. $0.70/Mile Subconsultant………………………………………………………………………….……. Cost + 20% Reimbursable Expenses/Charges……………………………………………………...…. Cost + 15% Forensic Analysis……………………………………………………………...……. Standard Rate X 2 Expert Witness………………………………………………………………..…….. Standard Rate X 3
NOTE: All rates hereon are subject to automatic increase upon July 1st of each year. Rates will be adjusted by the percent increase in California Consumer Price Index-All Urban Consumers for the twelve-month period ending February as calculated by the California Department of Industrial Relations (CADIR) California Consumer Price Index Calculator. Prevailing Wage Rates are dictated by the CADIR. All classifications which are subject to Prevailing Wages will be adjusted when revised determinations are published by the CADIR.
Unless otherwise established by contractual agreement, payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is not completed within agreed terms, Client agrees to pay a service charge on the amount past due at the rate of 1.5% per month (18% per annum).
Sub-Consultant: STC Traffic Fee Schedule
Executive/Management Classifications
Principal-In-Charge…………………………………………………………………….…………$270.00 Senior Principal Manager………………………………………………………………..………$250.00 Principal Manager…………………………………………………………………………...……$230.00 Senior Project Manager………………………………………………………………………….$210.00 Project Manager……………………………………………………………………………….….$200.00 Deputy Project Manager………………………………………………………………...……….$190.00
Professional Engineering Classifications
Principal Engineer………………………………………………………………………..………$230.00 Senior Project Engineer………………………………………………………………………….$200.00 Project Engineer III…………………………………………………………………………...…..$180.00 Project Engineer II…………………………………………………………………………..……$150.00 Project Engineer I…………………………………………………………………………..…….$130.00
Professional Planning Classifications
Principal Planner………………………………………………………………………………….$190.00 Senior Project Planner…………………………………………………………………...………$170.00 Project Planner III…………………………………………………………………………..…….$160.00 Project Planner II……………………………………………………………………………..…..$130.00 Project Planner I………………………………………………………………………………….$110.00
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Attachment: Exhibit A - 1st Amendment to PSA_R (4783 : Contract Amendment - ERSC) 8 Technical/Specialized Classifications
Senior Systems Engineer…………………………………………………………………..……$200.00 Construction Manager……………………………………………………………………………$200.00 Systems Engineer……………………………………………………………………….……….$180.00 Construction Engineer/Senior Inspector……………………………………………….………$170.00
Other Classifications
Intern………………………………………………………………………………….…………….$90.00
Expert Witness………………………………………………………………………….………..$350.00
STC Traffic is a local business and there are no direct costs for mileage.
Outsourced reimbursable expenses such as printing and reproduction, deliveries and overnight shipping, computerized plotting, materials, etc., will be charged to the client at the consultant’s cost without mark-up.
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Attachment: Exhibit A - 1st Amendment to PSA_R (4783 : Contract Amendment - ERSC)
ITEM NO. 6
STAFF REPORT
DATE: FEBRUARY 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: APPROVE FOURTH CONTRACT AMENDMENT WITH WILLDAN
ENGINEERING FOR BUILDING AND SAFETY SUPPORT
SERVICES.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Fourth Amendment to the Professional Services Agreement (PSA) with Willdan Engineering to increase compensation in the amount of $375,000 to continue providing Building Official services, plan check, interim building inspection and permit technician support through June 30, 2025.
BACKGROUND
The Building & Safety Division ensures building construction compliance with elec trical, plumbing, mechanical, energy and security codes, State safety laws, disabled access, and City ordinances. Compliance with State and local codes is ensured by the Building Official, through oversight of the permits counter support services, plan re view and building inspection functions and technical support to other City departments.
After many years of contracting with consultants to provide all services for the Building & Safety Division, these services were brought in -house in early 2014 with a uthorization to hire a Building Official and an Inspector. Concurrent with hiring of Building & Safety Division staff, the City entered into new contracts for supplemental Building support services, including plan review and building inspection functions on an as-needed basis.
The current contract with Willdan Engineering includes six-hundred fifty-one thousand seven - hundred fifty dollars ($651,750) in compensation for services for the term of February 1, 2023 to 6 Packet Pg. 85
Staff Report to the Mayor and City Council
Contract Amendment - Willdan Engineering
February 4, 2025
February 1, 2025. The contract permits an additional one-year renewal, for a total of three years from the original contract date.
ISSUES/ANALYSIS
The services provided under the current contract with Willdan Engineering perform a critical role in maintaining high quality, responsive plan c heck, application intake and inspection services for our customers. The Department still has vacancies for the positions of Building Technician and Building Official , as well as a high number of industrial building plan checks.
The Building Technician position is in active recruitment. The Department will start recruitment for Building Official in FY 2025 -26 once operational efficiencies are evaluated and necessary policies are in place . With the additional $ 375,000 in contract funding, as budgeted, service levels can be maintained through the end of the fiscal year (June 30, 2025).
FISCAL IMPACTS
Sufficient appropriations are available in the FY 202 4-25 adopted budget in General Fund Building & Safety Division Professional Services Account No. 100 -6300-6302-2350-0000-000.
These services are offset by building plan check and permit revenue.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment 1 - Fourth Amendment_Willdan Engineering
6 Packet Pg. 86
(BB&K: 10-19)
23152.06000\32391457.2
FOURTH AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND WILLDAN ENGINEERING
1. PARTIES AND DATE.
This Fourth Amendment to the Professional Services Agreement ( “Third Amendment”) is made and entered into this 4th day of February, 2025 by and between the City of Colton (“City”) and Willdan Engineering, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Fourth Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated February 1 st, 2023 (“Agreement”), whereby Consultant agreed to provide building support services for the Building & Safety Division of the Development Services Department.
2.2 First Amendment
. On June 12, 2023, City and Consultant amended the
Agreement for the First time to increase compensation.
2.3 Second Amendment
. On October 17, 2023, City and Consultant amended the Agreement for the Second time to increase compensation to maintain services levels due to staff vacancies and high volume of plan review services.
2.4 Third Amendment
. On May 7, 2024, City and Consultant amended the
Agreement for the Third time to increase compensation to continue to maintain services levels due to staff vacancies and high volume of plan review services , and include Building Official services on an interim basis.
2.5 Fourth Amendment
. City and Consultant desire to amend the Agreement for the Fourth time to increase compensation to continue to maintain services levels due to staff vacancies and high volume of plan review services, and continue Building Official services on an interim basis.
2.6 Amendment Authority.
This Fourth Amendment is authorized pursuant to
Section 3.3.1 “Compensation” of the Agreement.
3. TERMS.
3.1 Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
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Attachment: Attachment 1 - Fourth Amendment_Willdan Engineering (4809 : Contract Amendment - Willdan Engineering) 2 (BB&K: 10-19)
23152.06000\32391457.2
“Consultant shall receive an additional three -hundred seventy-five thousand dollars ($375,000) 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 three- hundred seventy-fifty thousand dollars ($375,000) for FY 24/25 without written approval of City Manager.”
3.3 Continuing Effect of Agreement. Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Fourth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Third Amendment.
3.4 Adequate Consideration
. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Fourth Amendment.
3.5 Severability.
If any portion of this Fourth Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6 Counterparts
. This Fourth Amendment may be executed in duplicate originals, each of which is deemed to be an original , but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Attachment: Attachment 1 - Fourth Amendment_Willdan Engineering (4809 : Contract Amendment - Willdan Engineering) 3 (BB&K: 10-19)
23152.06000\32391457.2
SIGNATURE PAGE FOR FOURTH AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND WILLDAN ENGINEERING, INC.
IN WITNESS WHEREOF, the Parties have entered into this Fourth Amendment to the Professional Services Agreement as of the day and year fourth above written.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Isaac T. Suchil
City Clerk
Willdan Engineering
a Corporation
By: _________________________
Patrick Johnson
Director of Building and Safety
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Attachment: Attachment 1 - Fourth Amendment_Willdan Engineering (4809 : Contract Amendment - Willdan Engineering)
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Attachment: Attachment 1 - Fourth Amendment_Willdan Engineering (4809 : Contract Amendment - Willdan Engineering)
ITEM NO. 7
STAFF REPORT
DATE: FEBRUARY 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ANTHONY VEGA, POLICE CHIEF
SUBJECT: APPROVE RESOLUTION TO ACCEPT AWARD FROM THE
COUNTY OF SAN BERNARDINO, AND PURCHASE POLICE IN-
CAR CAMERA SYSTEM FROM AXON ENTERPRISE INC.,
RESOLUTION R-04-25.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the purchase of thirty (30) “Axon Fleet 3 Advanced System” from Axon Enterprise, Inc for $475,218.23 in accordance with Colton Municipal Code Section
3.08.140(e); and,
2. Adopt Resolution R-04-25 to accept the San Bernardino Coun ty Supervisors’ 75% award for $356,413.67 and appropriate the required 25% City match of $118,804.56 from General Fund reserves.
BACKGROUND
The San Bernardino County Board of Supervisors awarded the Police Department 75% funding to purchase “Axon Fleet In -Car Camera System”. The total amount for the funding would be $356,413.67. The City would have to fund 25% of the cost of the project (or $118,804.56).
ISSUES/ANALYSIS
The Colton Police Department seeks funding approval for the acquisition of the Axon Fleet 3 Advanced In-Car Camera System. This system is a critical addition to the department's patrol fleet, intended to enhance transparency, accountability, operational efficiency, and public trust while leveraging the existing Axon body-worn camera ecosystem. 7 Packet Pg. 91
Staff Report to the Mayor and City Council
Purchase - Axon Enterprise Inc.
February 4, 2025
The following is an overview of the project:
o Vendor: Axon Enterprise, Inc.
o Product: Axon Fleet 3 Advanced System, including:
30 two-camera kits for patrol vehicles.
Automated License Plate Recognition (ALPR) software licenses. Unlimited video evidence storage and extended warranties. Comprehensive deployment services.
o Duration: 60 months.
o Total Cost (with tax): $475,218.23.
Benefits of Adding In-Car Cameras to Patrol Vehicles:
o The system provides unbiased video documentation of officer -public interactions, reducing disputes and fostering public trust. This aligns with the department's commitment to operational transparency.
o Real-time incident recording serves as a vital resource for training and after - action reviews, leading to enhanced officer safety and improved decision-making.
o High-quality video footage supports investigations and prosecuti ons, accelerating case resolution and increasing conviction rates.
o Recorded evidence protects the department and the City from false claims, minimizing legal liabilities and associated costs.
Integration with Existing Axon Body-Worn Cameras:
o The in-car cameras integrate seamlessly with Axon Evidence.com, the centralized video evidence system already in use. This reduces administrative overhead and eliminates the need for multiple platforms.
o Axon’s ecosystem ensures comprehensive incident documentation b y synchronizing footage from both body -worn and in -car cameras. This improves investigative accuracy and provides a more complete understanding of events.
o Officers’ familiarity with Axon products minimizes training requirements, while a single vendor simplifies support and troubleshooting processes.
o Leveraging the existing Axon infrastructure maximizes the return on investment, avoiding additional costs associated with managing disparate systems.
7 Packet Pg. 92
Staff Report to the Mayor and City Council
Purchase - Axon Enterprise Inc.
February 4, 2025
Advantages of an Extended Contract:
o The 60-month contract saves $102,564 compared to unbundled pricing, providing an average yearly savings of $20,512.80.
o The extended contract includes software updates, unlimited evidence storage, and warranties, ensuring uninterrupted and current system operation. o A scheduled technology refresh in 2030 guarantees access to the latest advancements without incurring additional procurement costs.
o A long -term partnership with Axon ensures reliable service, minimizing downtime and maintaining operational efficiency.
Strategic Alignment and Community Impact:
o The proposed system aligns with the department's ongoing efforts to enhance public safety, transparency, and officer accountability.
o The investment strengthens community trust by demonstrating the department’s commitment to using technology responsibly and efficiently.
The acquisition of the Axon Fleet 3 Advanced In -Car Camera System represents a significant step forward in enhancing the operational capabilities of the Colton Police Department. The system offers a comprehensi ve solution that integrates seamlessly with existing Axon products, delivers significant cost savings, and provides a robust platform for transparency, evidence collection, and officer safety.
The Police Department currently utilizes Axon Enterprise, Inc. for our body camera services.
Given that Axon also provides an in -car camera system that seamlessly integrates with our existing body camera system, we respectfully request to waive the competitive bidding process under CMC 3.08.140 (e)– Exceptions to Comp etitive Bidding – Non-Public Projects, which states:
"Purpose of Bidding is Otherwise Accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non-Public Projects under this chapter. Prior City Council concurrence with the City Manager's determination shall be required for Non -Public Project purchases over one hundred thousand dollars."
FISCAL IMPACTS
7 Packet Pg. 93
Staff Report to the Mayor and City Council
Purchase - Axon Enterprise Inc.
February 4, 2025
The total amount to purchase the “Axon Fleet 3 Adva nced In -Car Camera System” will be $475,218.23. $356,413.67 will come from the San Bernardino County Board of Supervisors. $118,804.56 will come from the City. The funding from the City will be as follows:
Adoption of Resolution R-04-25 will:
Appropriate $475,218.23 in General Fund Police Department Administration Miscellaneous Equipment Account Number 100-6070-6071-4930-0000-025; Increase revenues by $ 356,413.67 in Miscellaneous Grants Fund Account Number 225 - 5890-025 for acceptance of the 75% match from the San Barnardino County Board of Supervisors;
Appropriate $356,413.67 in Miscellaneous Grants Fund Transfers Account Number 225 - 6070-6071-5993-0000-100; and,
Increase revenues by $356,413.67 in General Fund revenue account number 100 -5993- 225.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Colton CA Axon Fleet 3 Advanced (30) Budgetary quote Final with SoW 1-13-25
2. Resolution for Axon In-Car Camera System
7 Packet Pg. 94
Q-599092-45670.822DG
Issued: 01/13/2025
Quote Expiration: 02/28/2025
Estimated Contract Start Date: 04/01/2025
Account Number: 109468
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Colton Police Dept. - CA
650 N La Cadena Dr
Colton,
CA
92324-2823
USA
Colton Police Dept. - CA
650 N La Cadena Dr
Colton
CA
92324-2823
USA
Email:
95-6000694
David Gollobit
Phone: +1 6023212774
Email: [email protected]
Fax:
Sarah Whatley
Phone: (909) 370-5069
Email: [email protected]
Fax: (909) 370-5169
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $20,512.80 TOTAL COST $458,226.00
ESTIMATED TOTAL W/ TAX $475,218.23 TOTAL SAVINGS $102,564.00
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
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Attachment: Colton CA Axon Fleet 3 Advanced (30) Budgetary quote Final with SoW 1-13-25 (4802 :
Payment Summary
Date Subtotal Tax Total
Apr 2025 $91,645.20 $3,398.45 $95,043.65
Apr 2026 $91,645.20 $3,398.45 $95,043.65
Apr 2027 $91,645.20 $3,398.45 $95,043.65
Apr 2028 $91,645.20 $3,398.45 $95,043.65
Apr 2029 $91,645.20 $3,398.43 $95,043.63
Total $458,226.00 $16,992.23 $475,218.23
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Attachment: Colton CA Axon Fleet 3 Advanced (30) Budgetary quote Final with SoW 1-13-25 (4802 :
Quote Unbundled Price: $560,790.00
Quote List Price: $458,226.00
Quote Subtotal: $458,226.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
Fleet3A Fleet 3 Advanced 30 60 $311.55 $254.57 $254.57 $458,226.00 $16,992.23 $475,218.23 Total $458,226.00 $16,992.23 $475,218.23
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date Fleet 3 Advanced 100989 AXON FLEET - CRADLEPOINT R920-C7A+5YR NETCLOUD 30 1 04/01/2025 Fleet 3 Advanced 70112 AXON SIGNAL - VEHICLE 30 1 04/01/2025 Fleet 3 Advanced 71200 AXON FLEET - AIRGAIN ANT - 5-IN-1 2LTE 2WIFI 1GNSS BL 30 1 04/01/2025 Fleet 3 Advanced 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 1 1 04/01/2025 Fleet 3 Advanced 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 30 1 04/01/2025 Fleet 3 Advanced 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 30 1 03/31/2030 Fleet 3 Advanced 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 1 1 03/31/2030 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 30 04/01/2025 03/31/2030 Fleet 3 Advanced 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 30 04/01/2025 03/31/2030 Fleet 3 Advanced 80402 AXON FLEET - LICENSE - REAL-TIME LOCATION, ALERTS, & LIVESTREAM 30 04/01/2025 03/31/2030
Fleet 3 Advanced 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 60 04/01/2025 03/31/2030 Services
Bundle Item Description QTY
Fleet 3 Advanced 73391 AXON FLEET 3 - DEPLOYMENT PER VEHICLE - NOT OVERSIZED 30 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 30 04/01/2026 03/31/2030 Fleet 3 Advanced 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 30 04/01/2026 03/31/2030 Fleet 3 Advanced 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 1 04/01/2026 03/31/2030
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Attachment: Colton CA Axon Fleet 3 Advanced (30) Budgetary quote Final with SoW 1-13-25 (4802 :
Shipping Locations
Location Number Street City State Zip Country
1 650 N La Cadena Dr Colton CA 92324-2823 USA
Payment Details
Apr 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 Fleet3A Fleet 3 Advanced 30 $91,645.20 $3,398.45 $95,043.65 Total $91,645.20 $3,398.45 $95,043.65
Apr 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 Fleet3A Fleet 3 Advanced 30 $91,645.20 $3,398.45 $95,043.65 Total $91,645.20 $3,398.45 $95,043.65
Apr 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 Fleet3A Fleet 3 Advanced 30 $91,645.20 $3,398.45 $95,043.65 Total $91,645.20 $3,398.45 $95,043.65
Apr 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 Fleet3A Fleet 3 Advanced 30 $91,645.20 $3,398.45 $95,043.65 Total $91,645.20 $3,398.45 $95,043.65
Apr 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 Fleet3A Fleet 3 Advanced 30 $91,645.20 $3,398.43 $95,043.63 Total $91,645.20 $3,398.43 $95,043.63
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Attachment: Colton CA Axon Fleet 3 Advanced (30) Budgetary quote Final with SoW 1-13-25 (4802 :
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
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Attachment: Colton CA Axon Fleet 3 Advanced (30) Budgetary quote Final with SoW 1-13-25 (4802 :
\s1\ \d1\
Signature Date Signed
1/13/2025
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Attachment: Colton CA Axon Fleet 3 Advanced (30) Budgetary quote Final with SoW 1-13-25 (4802 :
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RESOLUTION NO. R-04-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING THE FISCAL YEAR 2024 -25 BUDGET TO APPROPRIATE $475,218.23, AWARD THE PURCHASE OF AXON 3 FLEET ADVANCED IN CAR CAMERA SYSTEM TO AXON ENTER PRISES, INC. IN
ACCORDANCE WITH COLTON MUNICIPAL CODE SECTION
3.08.140(E), AND ACCEPT GRANT FUNDS FROM THE SAN
BERNARDINO COUNTY BOARD OF SUPERVISORS IN THE
AMOUNT OF $356,413.67 FOR 75% OF THE PURCHASE
WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025 was approved and adopted; and
WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and
WHEREAS, On JANUARY 29, 202 5 the San Bernardino County Board of Supervisors awarded the Colton Police Department $356,413.67 to purchase the Axon 3 Fleet Advanced In Car Camera system; and
WHEREAS, the City accepts $356,413.67 of the funds from the County of San Bernardino; and
NOW, THER EFORE, the City Council of the City of Colton does resolve as follows:
Section 1. Approval of Resolution R-04-25 will:
1. Appropriate $475,218.23 in General Fund Police Department Administration Miscellaneous Equipment Account Number 100 -6070-6071-4930-0000-025 for the equipment purchase
2. Increase revenues by $ 356,413.67 in Miscellaneous Grants Fund Account Number 225-5890-025 for acceptance of the 75% match.
3. Appropriate $ 356,413.67 in Miscellaneous Grants Fund Transfers Account Number 225-6070-6071-5993-0000-100.
4. Increase revenues by $356,413.67 in General Fund revenue account number 100-5993-225 to reimburse the General Fund for 75% of the expense.
Section 2. The resolution is hereby approved, adopted and incorporated herein.
PASSED, APPROVED AND ADOPTED this 4th day of February, 2025.
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Attachment: Resolution for Axon In-Car Camera System (4802 : Purchase - Axon Enterprise Inc.)
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Frank Navarro, Mayor
ATTEST:
_________________
Isaac Suchil, City Clerk
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Attachment: Resolution for Axon In-Car Camera System (4802 : Purchase - Axon Enterprise Inc.)
ITEM NO. 8
STAFF REPORT
DATE: FEBRUARY 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, CHIEF DEPUTY CITY CLERK
SUBJECT: APPROVE SECOND READING OF AN ORDINANCE OF THE CITY OF COLTON AMENDING TITLE 18, SECTION 18.48.150 OF THE
COLTON MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
AND DETERMINING THE ADOPTION OF THE ORDINANCE TO BE
STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP24-0049),
ORDINANCE NO. O-01-25.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
The City Council approve the second reading of AN ORDINANCE AMENDING TITLE 18, SECTION 18.48.150 OF THE COLTON MU NICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THE ADOPTION
OF THE ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA
UNDER PUBLIC RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP24 - 0049)
ATTACHMENT
1. Ordinance No. O-01-25
8 Packet Pg. 103
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ORDINANCE NO. O-01-25
AN ORDINANCE AMENDING TITLE 18, SECTION 18.48.150 OF THE COLTON
MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THE ADOPTION OF THE
ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP24-0049)
WHEREAS, the City Council of the City of Colton desires to amend certain provisions of the Colton Zoning Code to ensure consistency with state law; and
WHEREAS, state law authorizes citie s to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into la w, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requiremen ts of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and
WHEREAS, on December 10, 2024, the Planning Commission held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on January 21, 2025, the City Council held a duly -noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, ( 2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Colton does ordain as follows:
SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the
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Attachment: Ordinance No. O-01-25 (4819 : Second Reading of Ordinance No. O-01-25) 1 2
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Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).
SECTION 4 . Code Amendment . Section 18.48.150 – ACCESSORY DWELLING UNITS of the Colton Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A -1,” attached hereto and incorporated herein by reference.
SECTION 5 . Effective Date . This Ordinance takes effect 30 days after its adoption.
SECTION 6 . HCD Submittal . In accordance with Government Code section 66326, the City Clerk is dire cted to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 650 N.
La Cadena Drive, Colton, CA 92324.
SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable.
The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
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Exhibit “A-1”
SECTION 18.48.150 – ACCESSORY DWELLING UNITS
Section 18.48.150 - Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.
(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the City’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) “Efficiency kitchen” means a kitchen that includes all of the following:
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(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(A) It is no more than 500 square feet in size.
(B) It is contained entirely within an existing or proposed single- family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
(C) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. (D) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) above.
(6) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (7) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (8) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(9) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
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(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
(A) Converted on Single-family Lot: One ADU as described in this subsection (d)(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the single-family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code Section 65852.22.
(B) Limited Detached on Single-family Lot: One detached, new- construction ADU on a lot with a proposed or existing single- family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(A) above), if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 1200 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (e)(2) below.
(C) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection Error! Reference source not found., at least one converted ADU is allowed within an existing multifamily dwelling, up to a
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quantity equal to 25 percent of the existing multifamily dwelling units.
(D) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. (ii) The peak height above grade does not exceed the applicable height limit provided in subsection (e)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
(2) ADU Permit.
(A) Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in
compliance with the standards set forth in subsections (e) and (f) below.
(B) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined by the Development Services Director and approved by the City Council by resolution.
(3) Process and Timing.
(A) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(B) The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily
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(iii) dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (C) If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (d)(3)(B) above.
(D) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(e) General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above:
(1) Zoning.
(A) An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone.
(B) An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single- family dwelling residential use or multifamily dwelling residential use.
(2) Height.
(A) Except as otherwise provided by subsections (e)(2)(B) and (e)(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 35 feet in height.
(B) A detached ADU may be up to two stories with a maximum height of 30 feet if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 32 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
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(C) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed two stories or 30 feet in height.
(D) An ADU that is attached to the primary dwelling may not exceed 35 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.
Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(D) may not exceed two stories.
(E) For purposes of this subsection (e)(2), height is measured above existing legal grade to the peak of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(B) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater- treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(7) Owner Occupancy.
(A) An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy
requirement.
(B) Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
(C.) As required by state law, all JADUs are subject to an owner- occupancy requirement. A natural person with legal or equitable
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(C) title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection Error! Reference source not found. does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director or designee. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(A) Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
(B) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and
improvements must otherwise comply with applicable provisions of this Code.
(E) The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
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(9) Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
(A) With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(B) Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report.
If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law. (10) Building & Safety.
(A) Must comply with building code. Subject to subsection (e)(10)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.
Nothing in this subsection (e)(10)(B) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(f) Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (f) is 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with two or more bedrooms. (B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 75 percent of the floor area of the existing primary dwelling.
Application of other development standards in this subsection (f), such as FAR or lot
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coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(B) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(2) Setbacks.
(A) An ADU that is subject to this subsection (f) must conform to a 25-foot front-yard setback.
(B) ADU that is subject to this subsection (f) must conform to 4-foot side- and rear-yard setbacks.
(C) No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(3) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 55 percent, subject to subsection Error! Reference source not found..
(4) Minimum Open Space. No ADU subject to this subsection (f) may cause the total percentage of open space of the lot to fall below 30 percent, subject to subsection Error! Reference source not found..
(5) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(6) Parking.
(A) Generally. One off-street parking space is required for each ADU.
The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above. Off-street parking shall be permitted in setback areas or through tandem parkin g, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and safety conditions.
(B) The required parking space for the ADU must be located on the same lot as the ADU.
(C) Access to all required parking for the ADU and primary dwelling must be from a public street, an alley, or a recorded access easement. For any lot served by a panhandle or easement access, the access must be a minimum 20 feet in width.
Curb cuts providing access from the public right-of-way to on-site parking spaces must be approved by the City Engineer in accordance with established, objective standards. A construction permit from the City Engineer shall be obtained for any new or widened curb cuts.
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(A) Required parking spaces or required maneuvering area must be free of any utility poles, support wires, guard rails, stand pipes or meters.
(B) All required parking spaces must be kept clear for parking purposes only.
(C) Exceptions. No parking under subsection (f)(6)(A) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(A) above. (iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single -family or new mul tifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(6)(C)(i) through (v) above.
(D) No Replacement. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. (7) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
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(C) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(D) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(E) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
(F) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(G) All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(8) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(A) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall. (B) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(C) All landscaping must be drought-tolerant.
(D) All landscaping must be from the City’s approved plant list. (9) Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact Fees.
No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov.
Code § 66000(b)) and a fee under the Quimby Act (Gov. Code§ 66477). “Impact fee” here does
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not include any connection fee or capacity charge for water or sewer service. (A) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(B) Except as described in subsection (g)(2)(A), converted ADUs on a single-family lot that are created under subsection (d)(1)(A) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
(C) Except as described in subsection (g)(2)(A), all ADUs that are not covered by subsection (g)(2)(B) require a new, separate utility connection directly between the ADU and the utility.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of
drainage-fixture units (DFU) values, as defined by the
Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this
service.
(h) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2020.
Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
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(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with the state ADU or JADU law (Government Code section 65852.2) or this ADU ordinance (section 18.48.150).
(B) Exceptions:
(i) Notwithstanding subsection Error! Reference source not found., the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, unless the City makes a finding that correcting a violation is necessary to comply with standards specified in California Health and Safety Code section 17920.3.
(ii) Subsection Error! Reference source not found. does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
(i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (a) through (h) of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 4. CALIFORNIA EN VIRONMENTAL QUALITY ACT
FINDING. The City Council Finds that under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the prov isions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law
SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this
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ordinance. Not later than fifteen (15) days following the passage of this ordinance, the ordinance, or a summary thereof, along with the names of the City Council members voting for and against the ordinance, shall be published in a newspaper of general circulation in the City of Colton.
SECTION 7. FILING. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.
The City Clerk shall also submit a Notice of Exemption within three days after adoption.
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 ___ day of _________, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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FRANK J. NAVARRO, Mayor
ATTEST:
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ISAAC T. SUCHIL, City Clerk
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