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
Ernest R. Cisneros - District 2
Kenneth J. Koperski - District 3
Dr. Luis S. Gonzalez - District 4
John R. Echevarria - District 5
Isaac T. Suchil - District 6
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Carolina R. Padilla
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, NOVEMBER 1, 2022 – 5:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
CLOSED SESSION CALLED TO ORDER
ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide 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.
2 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
City Colton v. CalWest Yards, LLC
San Bernardino County Superior Court, Case No. CIVSB2123916 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Scott Thibodo - Centerpoint Church
FLAG SALUTE American Legion Post 155 Members Louie Barrera and Steve Ferrance
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Recognition - Hometown Heroes: New Military Banner Installation for Alfred Ochoa, a Veteran of the United States Army
Proclamation - Family Court Awareness Month
Recognition - Economic Development Project Manager Christy Elshof
MAYOR AND COUNCIL ITEMS
3 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. (G C Section 53232.3(d))
APPOINTMENTS
MAYOR AND COUNCIL DISCUSSION ITEMS
PUBLIC HEARINGS
To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion t o extend or limit time as provided for in the City Council Manual of Procedure. (1) Annexation into CFD No. 2021-2 (Maintenance) - TIME AND PLACE FIXED TO CONSIDER PUBLIC HEARING
TO APPROVE AND ADOPT RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF COLTON, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021 -2 (MAINTENANCE SERVICES) OF THE CITY OF COLTON, INCLUDING: (A) ADOPTION OF RESOLUTION CALLING A SPECIAL ELECTION FOR CFD NO. 2021-2; (B) CANVASSING OF VOTES FOR THE BALLOT ELECTION TO ANNEX TERRITORY INTO CFD NO. 2021-2; (C) ADOPTION OF RESOLUTION CERTIFYING ELECTION RESULTS AND ADDING PROPERTY TO CFD NO. 2021-2 AND; (D) INTRODUCE BY TITLE ONLY ORDINANCE AND NO. O -16-22,
OF THE CITY COUNCIL OF THE CITY OF COLTON ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF COLTON, LEVYING AND APPORTIONING SPECIAL TAX LIEN IN TERRITORY ANNEXED INTO CFD NO. 2021 - 2, RESOLUTION NO. R-114-22, R-115-22, AND ORDINANCE NO. O-16-22. [Staff Person: Mark Tomich]
Mayor announces the Public Hearing Open.
City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.
Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
4 (2) 2022 Building Code Adoption - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-14-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2, 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA FIRE CODE, INCORPORATING THE “INTERNATIO NAL FIRE CODE” 2021 EDITION INCLUDING APPENDICES THERE TO; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE “INTERNATIONAL RESIDENTIAL CODE” 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFO RM MECHANICAL CODE", 2021 EDITION; INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING ANNEXES THERETO; 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; 2022 CALIFORNIA ENERGY EFFICIENCY STANDARDS INCLUDING APPENDICES THERETO; ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH APPENDICES AND AMENDMENTS THERETO. TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS, ORDINANCE NO. O-14-22.
[Staff Person: Mark Tomich]
Mayor announces the Public Hearing Open.
City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.
Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
BUSINESS ITEMS
(3) Ordinance - Commission Appointments - WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST
READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING CHAPTER 2.30 OF TITLE 2 (ADMINISTRATION AND PERSONNEL) TO ADJUST LOCAL RULES FOR
APPOINTMENT TO AND SERVICE ON CITY APPOINTIVE BOARDS, COMMISSIONS AND COMMITTEES, IN ORDER TO CONFORM TO THE NEW CITY COUNCIL FORMAT ENACTED BY 2018 MEASURE “R” AND MAKING OTHER TECHNICAL AMENDMENTS, ORDINANCE NO. O-17-22.
[Staff Person: Bill Smith]
5 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 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.
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.
(4) Minutes - Approval of Minutes for the City Council Regular Meeting held on October 18, 2022. [Staff Person: Carolina Padilla]
(5) Warrants - Approve voucher numbers 201598 to 201790 dated 09/29/2022 and totaling $3,320,876.76; voucher numbers 201791 to 201952 dated 10/06/2022 and totaling $2,358,650.04; and a payroll disbursement listing dated 09/03/2022 to 09/16/2022 and totaling $1,018,741.49. [Staff Person: Stacey Dabbs]
(6) City Treasurer's Report - Receive and File City Treasurer's Report for July 2022. [Staff Person: Aurelio De La Torre]
(7) Agreement - Markley Technologies - Approve Contract Amendment between the City of Colton and Markley Technologies.
[Staff Person: Hank Dominguez]
(8) Purchase - Motorola Systems Application Administrator Managed Services - Approve Amended Agreement with Motorola System Solutions, Inc. For Systems Application Administrator Managed Services. [Staff Person: Hank Dominguez]
(9) Resolution - Scoreboard Replacement - Approve and Adopt Resolution Accepting Donation to Improve Baseball Field at Max Lofy Park, RESOLUTION NO. R-106-22. [Staff Person: Deb Farrar]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.
CITY MANAGER'S REPORTS
ADJOURNMENT
6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, 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 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 P ublic 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 cer tain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit c omments 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 obt aining 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 refe rred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council vot es on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
7 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in cour t 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 -150-07; Amended by Minute Action on December 2, 2014 and adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.
ITEM NO. 1
STAFF REPORT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER PUBLIC HEARING TO
APPROVE AND ADOPT RESOLUTIONS OF THE CITY COUNCIL
OF THE CITY OF COLTON, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
2021-2 (MAINTENANCE SERVICES) OF THE CITY OF COLTON,
INCLUDING: (A) ADOPTION OF RESOLUTION CALLING A
SPECIAL ELECTION FOR CFD NO. 2021-2; (B) CANVASSING OF
VOTES FOR THE BALLOT ELECTION TO ANNEX TERRITORY
INTO CFD NO. 2021-2; (C) ADOPTION OF RESOLUTION
CERTIFYING ELECTION RESULTS AND ADDING PROPERTY TO
CFD NO. 2021-2 AND; (D) INTRODUCE BY TITLE ONLY
ORDINANCE AND NO. O-16-22, OF THE CITY COUNCIL OF THE
CITY OF COLTON ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF COLTON, LEVYING AND
APPORTIONING SPECIAL TAX LIEN IN TERRITORY ANNEXED
INTO CFD NO. 2021-2, RESOLUTION NO. R-114-22, R-115-22, AND ORDINANCE NO. O-16-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Open public hearing.
2. Approve Resolution No. R-114-22 of the City Council of the City of Colton, Acting in its Capacity as the Legislative Body of Community Facilities D istrict No. 2021 -2 (Maintenance Services) Calling for Special Election by Landowners to Annex Territory into said Community Facilities District.
1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
Annexation into CFD No. 2021-2 (Maintenance)
November 1, 2022
3. Conduct election.
4. Approve Resolution No. R-115-22 of the City Council of the City of Colton, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2021 -2 (Maintenance Services), Declaring the Results of a Special Election in said Community Facilities District.
5. Conduct First Reading of Ordinance No. O -16-22 of the City Cou ncil of the City of Colton Acting in its Capacity as the Legislative Body of City of Colton Community Facilities District No. 2021-2 (Maintenance Services), Levying and Apportioning Special Taxes in Territory Annexed into said Community Facilities District.
BACKGROUND
Community Facilities Districts (“CFDs”) are created pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”). They are an option for local governments to consider, which impose a special tax to provide a portion of the fund ing necessary to deliver certain public services to newly developed areas. The special tax is then collected with the property taxes. On July 20, 2021, the City Council formed Community Facilities District 2021 -1 (Public Safety) (“CFD 2021-1”) and Community Facilities District 2021-2 (Maintenance Services) (“CFD 2021- 2” and together with CFD 2021-1, the “Districts”).
CFD 2021 -1 was formed by the City Council for the purpose of financing certain types of services, including but not limited to the following:
• Police protection services; and
• Fire protection services.
CFD 2021 -2 was formed by the City Council for the purpose of financing certain types of services, including but not limited to the following:
• maintenance and lighting of parks, parkways, streets, roads, and open space; • flood and storm protection services;
• graffiti abatement;
• the operation and maintenance of storm drainage systems; • maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; • and/or any other services authorized under the Act.
At the time of Planning Commission approval of entitlements for the Barton Road Logistics project site (December 14, 2021, DAP-001-062), a condition was placed on the project approvals to require annexation of the site into CFD 2021-2. A condition of approval to require annexation into CFD 2021-1 (Public Safety) was not applied to the project at that time due to lack of fiscal analysis of public safety service costs for industrial properties.
1.1 Packet Pg. 9
Staff Report to the Mayor and City Council
Annexation into CFD No. 2021-2 (Maintenance)
November 1, 2022
The City received petitions from Pacific West Management, a California general partnership, Producer Industrial Partners, LLC, a California limited liability company and Robert J. Neal, as Trustee of Robert J . Neal and Bernarda A. Neal Revocable Trust (the “Owners”), the legal owners of the property propose d to be annexed into CFD 2021 -2 (“Annexation”). The Owners plan on developing the territory within the Annexation area to build two new industrial warehouse buildings. The Annexation will consist of property located at the intersection of Barton Road and De Berry Street and are identified as Assessor’s Parcel Numbers: 0275 -223-23, 0275-223-44, 0275 -223-45, 0275 -223-46, 1167 -051-18, 1167 -051-19, 1167 -051-20, 1167-131- 03, 1167-131-04 (the “Property”).
ISSUES/ANALYSIS
At its November 1, 2022, meeting, the City Council will hold a public hearing for annexation of the property into CFD 2021-2. After the public hearing has been held and closed for CFD 2021 - 2, the City Council may adopt the resolution calling a special election for CFD 2021-2. The City Clerk will then conduct the special election and read the result of the ballot election. If the votes are in favor of the propositions presented on the ballot, the City Council may adopt the resolution declaring the results of the election for CFD 2021 -2. The Mayor may then call for a motion to introduce by title only and waive further reading of the ordinance authorizing the levy of special taxes in CFD 2021-2.
FISCAL IMPACTS
If the Annexation is approved, the City will receive $28,223 annually for maintenance of public facilities from the tax assessment on the 47.6-acre Barton Road Logistics property. The taxes are subject to annual consumer price index (CPI) increases.
ALTERNATIVES
If the City Council does not adopt the resolutions and Ordinance , the territory will not be annexed into CFD 2021 -2 and the City will need to fin d other revenue sources to support maintenance of City facilities.
ATTACHMENT
1. Resolution No. 114-22_CFD 2021 - 2 Annexation 1 - Calling Election.
2. Resolution No. R-115-22_CFD 2021 - 2 (Maintenance Services) Annexation 1 - Declaring Election Result
3. Ordinance No. O-16-22_CFD No. 2021 - 2 Annexation 1.
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RESOLUTION NO. R-114-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING
TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE
ANNEXED TO THE CITY OF COLTON COMMUNITY FACILITIES
DISTRICT NO. 2021 -2 (MAINTENANCE SERVICES), COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA THE QUESTION OF
LEVYING SPECIAL TAXES WITHIN THAT TERRITORY AND
ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR
(ANNEXATION NO. 1)
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has heretofore conducted proceedings for the establishment of and has established City of Colton Community Facilities District No. 2021 -2 (Maintenance Services), County of San Bernardino, State of California (the “Community Faci lities District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello -Roos Community Facilities Act of 1982,” ( the “Act”) to annex territory to the Community Facilities District by complying with the procedures set forth in said Article 3.5; and
WHEREAS, on September 20, 2022, the City Council adopted Resolution No. R -104-22, a resolution of intention to annex ter ritory to the Community Facilities District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property, consisting of approximately 38.414 acres, be annexed to the Community Facilities District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 5:00 p.m. on November 1, 2022, in the Council Chambers of the City Council, 650 N. La Cadena Drive, Colton, CA 92324 or via teleconference as directed by the City due to COVID -19 social distancing guidelines, as the time and place for a hearing upon said resolution; and
WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and
WHEREAS, on November 1, 2022, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the Community Facilities District an opp ortunity to present testimony and to protest against the proposed annexation of said property to the Community Facilities District, and no protests, either oral or in writing, were received; and
WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the Community Facilities District to the qualified electors within that territory.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Colton, California,
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than twelve (12) persons have been registered to vote within the territory proposed to be annexed to the Community Facil ities District during the ninety (90) days preceding the close of the public hearing on November 1, 2022; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special
1.1.a
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Attachment: Resolution No. 114-22_CFD 2021 - 2 Annexation 1 - Calling Election. (3821 : Annexation into CFD No. 2021-2 (Maintenance)) 1 2
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election called by this resolution shall be by the landowners of the territory proposed to be annexed to the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each lando wner shall have one (1) vote for each acre, or portion thereof, which he or she owns within the said territory which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) pursuant to said Section 53326, the sp ecial election must be held at least ninety (90) days, but not more than one hundred eighty (180) days following the date of the adoption of this resolution, unless such time periods are waived with the unanimous waiver of the qualified electors. All of th e qualified electors in the territory to be annexed waived the time limits and election formalities of the special election.
Section 2. Call of Election . The City Council hereby calls and schedules a special election for November 1, 2022, on the proposit ion with respect to the annual levy of special taxes at the special tax rates as set forth in Exhibit “B” attached hereto and by this reference made a part hereof, within the territory proposed to be annexed to the Community Facilities District for paying the cost of the services to be provided within and for the benefit of the territory proposed to be annexed to the Community Facilities District, as described in Exhibit “C” attached hereto and by this reference made a part hereof.
Section 3. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows:
PROPOSITION A
Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory propose d to be annexed to City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California (“Annexation No. 1 to CFD No. 2021 -2”), to pay for costs and services described in Exhibit “C” of the Resolutio n Calling Election for Annexation No. 1 to CFD No. 2021 -2 (the “Resolution”) and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Exhibit “B” to the Resolution be approved?
PROPOSITION B
Shall Proposition B establishing an Article XIIIB appropriations limit equal to $50,000 for the territory proposed to be annexed to the City of Colton Community Facilities District No. 2021 -2 (Maintenance Services), Cou nty of San Bernardino, State of California be approved?
Section 4. Conduct of Election . Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing m ail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.
Section 5. Election Procedures . The procedures to be followed in conducting the special electi on on the levy of Special Taxes to pay the annual costs of the services to the qualified electors of the territory to be annexed to the Community Facilities District (the “Special Election”) shall be as follows:
(a) Pursuant to said Section 53326 of the C alifornia Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail
1.1.a
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Attachment: Resolution No. 114-22_CFD 2021 - 2 Annexation 1 - Calling Election. (3821 : Annexation into CFD No. 2021-2 (Maintenance)) 1 2
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or deliver to each qualified electo r an official ballot in the form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution; provided, however, that such statement, analysis and arguments may be waive d with the unanimous consent of all the landowners.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the name of the landowner -voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner -voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner - voter's land ownership within the territory proposed to be annexed to the Community Facilities District.
(d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the l andowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the da te of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 p.m. on November 1, 2022.
(f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
Section 6. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF NOVEMBER, 2022.
__________________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
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___________________________________
CAROLINA R. PADILLA
City Clerk
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EXHIBIT “A”
OFFICIAL BALLOT
SPECIAL ELECTION
CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-2 (MAINTENANCE SERVICES), COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA
(ANNEXATION NO. 1)
November 1, 2022
OFFICIAL BALLOT
To vote on any measure, fill in the voting square before the word “YES” or before the word “NO” following each proposition. If you tear or deface this ballot, call Daniella Hernandez at (951) 826- 8306 to obtain a replacement ballot.
______________________________________________________________________
PROPOSITION A
Shall Proposition A authorizing the annual levy of special taxes on taxab le property in the territory proposed to be annexed to City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California (“Annexation No. 1 to CFD No. 2021 -2”), to pay for costs and services descr ibed in Exhibit “C” of the Resolution Calling Election for Annexation No. 1 to CFD No. 2021 -2 (the “Resolution”) and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates a s set forth in Exhibit “B” to the Resolution be approved?
□ YES
□ NO
PROPOSITION B
Shall Proposition B establishing an Article XIIIB appropriations limit equal to $50,000 for the territory proposed to be annexed to the City of Colton Community Facil ities District No. 2021 -2 (Maintenance Services), County of San Bernardino, State of California be approved?
□ YES
□ NO
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EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT
For the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), Annexation No. 1, County of San Bernardino, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), (“CFD 2021-2”), other than Assessor’s Parcels classified as Exempt Property as defined herein, and collected each Fiscal Year commencing in Fiscal Year 2022 -23, in an amount determined by the CFD Administrator through the application of the procedures descri bed below. All of the real property within CFD 2021-2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560.
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2021 -2: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2021 - 2, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2021-2, and any and all other costs incurred in connection with the administration of CFD 2021-2.
“Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of Riverside -San Bernardino-Ontario, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with a n assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Building Permit” means a permit issued for new construction of a residential dwelling or no n- residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation.
“CFD Ad ministrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special
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Tax for CFD 2021-2.
“CFD 2021 -2” means City of Colton Community Facilities Di strict No. 2021 -2 (Maintenance Services) established by the City Council under the Act.
“City” means the City of Colton.
“City Council” means the Council of the City of Colton, acting as the legislative body of CFD 2021-2.
“County” means the County of San Bernardino.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied.
“Exempt Property” means all Assessor’s Parce ls within CFD 2021 -2 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30.
“Industrial Property” means all Assessor’s Parcels of Dev eloped Property for which a building permit(s) permitting the construction of one or more non -residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and develo pment, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City.
“Land Use Type” means any of the land use types listed in Table 1 below.
“Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property.
“Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Buildin g Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as Residential Property, Public Property or Property Owner Association Property.
“Office Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non -residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for professional/medical offices, or for any other uses that are consistent with office la nd use designations, as determined by the City.
“Other Non -Residential Property” means all Non -Residential Property, excluding Industrial Property and Office Property.
“Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2021 -2 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1.
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“Proportionately” means in a m anner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class.
“Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the fe deral government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Sect ion 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
“Maintenance Services” means those authorized services that may be funded by CFD 2021 -2 pursuant to the Act, as amended including but not limited to graffiti abatement and maintenance, operations, servicing and periodic replacement of park facilities.
“Residential Property” means all Assessor’s Parcels of Developed Property within CFD 2021 -2 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s).
“Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcel s of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD 2021 -2 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the am ount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Maintenance Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Maintenance Services, (iv) pay incidental expenses related to the Maintenance Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fisc al Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section F.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2022 -23, using the definitions above, each Assessor’s Parcel within CFD 2021 -2 shall be classified by the CFD Administrator as Taxable Property or Exempt Property. In addition, each such Fiscal Year, each As sessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property. Commencing with Fiscal Year 2022 -23 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land U se Type and subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX RATES
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1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2022 -23, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2022 -23 is shown below in Table 1.
TABLE 1
Land Use Type Maximum
Special Tax
Single Family
Residential Property
$62.40 per
Residential Unit
Multi-Family Residential
Property
$43.36 per
Residential Unit
Office Property $658.80 per Acre
Industrial Property $592.92 per Acre
Other Non-Residential
Property $296.46 per Acre
For each subsequent Fiscal Year following Fiscal Year 2022 -23, the Maximum Special Tax rates shall be increased from th e Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
2. Undeveloped Property
Each Fiscal Year commencing in Fiscal Year 2022 -23, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.
3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no l onger classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2022 -23 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2021 -2 until the total amount of Speci al Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2021-2 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Yea r as a
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consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administ rator as Exempt Property due to deed restrictions, conservation easement, or similar factors.
G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Admini strator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be m ade to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD 2021-
2. I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
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EXHIBIT “C”
DESCRIPTION OF PUBLIC SERVICES
The types of services to be provided for and financed by the property to be annexed to the community facilities district are:
(a) Maintenance services, including but not limited to:
(i) maintenance and lighting of parks, parkways, streets, roads, and open space; (ii) flood and storm protection services;
(iii) graffiti abatement;
(iv) the operation and maintenance of storm drainage systems; (v) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; (vi) and/or any other services authorized under the Act.
The community facilities district shall also finance costs associated with the deter mination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district.
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RESOLUTION NO. R-115-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021 -2
(MAINTENANCE SERVICES), COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL
ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT ON THE
PROPOSITION OF THE ANNUAL LEVY OF SPECIAL TAXES WITHIN
THE TERRITORY PROPOSED TO BE ANNEXED TO SAID
COMMUNITY FACILITIES DISTRICT, THE PROPOSITION TO
ESTABLISH AN APPR OPRIATIONS LIMIT IN THE TERRITORY
PROPOSED TO BE ANNEXED TO SAID COMMUNITY FACILITIES
DISTRICT, TO PAY THE COST OF CERTAIN SERVICES TO BE
PROVIDED BY THE COMMUNITY FACILITIES DISTRICT,
DETERMINING THAT THE TERRITORY PROPOSED TO BE ANNEXED
IS ADDED TO AND P ART OF SAID COMMUNITY FACILITIES
DISTRICT WITH FULL LEGAL EFFECT, AND ORDERING THE
RECORDING OF A MAP OF THE BOUNDARIES OF SAID
COMMUNITY FACILITIES DISTRICT INCLUDING THE TERRITORY
ANNEXED THERETO (ANNEXATION NO. 1)
WHEREAS, the City Council (the “City C ouncil”) of the City of Colton (the “City”) has heretofore conducted proceedings for the annexation of approximately 38.414 acres of land to the City of Colton Community Facilities District No. 2021 -2 (Maintenance Services), County of San Bernardino, State of California (the “District”) including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for November 1, 2022, and submitting to the qualified electors of the territory to be annexed to the District the question of levying special taxes within that territory to pay the costs of certain services and the costs associated with the determination of the amount of and levy and collection of special taxes, which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the District and establishing an appropriations limit for the territory to be annexed to the District (the "Election Resolution").
WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct such special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of said special election, certifying that at least two -thirds of the votes cast upon the propositions submitted to the qualified electors in said special election were in favo r of such propositions.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Colton, California,
Section 1. Recitals. The above recitals are all true and correct.
Section 2 . Findings. The City Council finds that: (i) there ar e no registered voters residing within the territory proposed to be annexed to the District (the "Territory") at the time of the close of the public hearing on November 1, 2022, and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owned within the Territory; (ii) pursuant to said Section 53326 and the Election
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Resolution, the City Clerk caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid; (iii) said special election has been properly conducted in accordance with all statut ory requirements and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, Pacific West Management, a California general partnership was entitled to twenty -two (22) votes, Producer Industrial Partners, LLC, a California limited li ability company nine (9) votes and Robert J. Neal, as Trustee of Robert J.
Neal and Bernarda A. Neal Revocable Trust was entitled to nine (9) votes, the owners of all the land within the Territory; (v) said landowners returned their ballots to the City Cle rk prior to the time set by the City Clerk for the close of the election on November 1, 2022; (vi) the ballots returned to the City Clerk by said landowners voted all votes of said landowners in favor of the proposition set forth therein; (vii) at least tw o-thirds of the votes cast in such special election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said proposition carried; (viii) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the District with full legal effect; and (ix) the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the District and to establish an appropriations limit therefor.
Section 3. Declaration of Results . At least two -thirds of the votes voted in the special election on the propositions of the annual levy of special taxes within the Territory and establishing the appropriations limit to pay the costs of the services to be provided by the District were voted in favor thereof, and such propositions carried.
Section 4. Annexation. The Territ ory is annexed and added to and is a part of the District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates as specified in Resolution No. R -104-22 adopted by the City Council on September 20, 2022, to pay costs of certain services to be provided by the District. The boundaries of the Territory are shown on the map entitled, “Annexation Map No. 1 of Community Facilities District No. 2021-2 (Maintenance Services), City of Colton, County of San Bernardino, State of California,” which was recorded on September 28, 2022 in the office of the County Recorder of the County of San Bernardino as Instrument No. 2022-0326756.
Section 5. Notice. Pursuant to Section 53339.8 of the Government Code and Sectio n 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the District including the Territory.
Section 6. Entry of the Election Results in the Minutes . The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said Certificate of Election Official.
Section 7. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF NOVEMBER, 2022.
____________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
______________________________________
CAROLINA R. PADILLA
City Clerk
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EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO)
CITY OF COLTON )
The undersigned, ELECTION OFFICIAL OF THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF COLTON
COMMUNITY FACILITIES DISTRICT NO. 2021-2
(MAINTENANCE SERVICES), COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA
SPECIAL ELECTION
(ANNEXATION NO. 1)
in said City, held November 1, 2022.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the territory to be annexed to the District in such City, and the whole number of votes cast for the Measures i n the territory to be annexed to the District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct.
1. VOTES CAST ON PROPOSITION A: YES 40
NO 0
2. VOTES CAST ON PROPOSITION B YES 40
NO 0
WITNESS my hand this 1st day of November, 2022.
____________________________________
CITY CLERK
ELECTION OFFICIAL
CITY OF COLTON
STATE OF CALIFORNIA
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ORDINANCE NO. O-16-22
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO 1, INTO CITY OF
COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-
2 (MAINTENANCE SERVICES)
A. Recital
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has established the City of Colton Community Facilities District No. 2021 -2 (Maintenance Services), County of San Bernardino, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit “B” to the City Council Resolution Calling Election, which was adopted on November 1, 2022 (the “Resolution”); and
WHEREAS the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the City Cou ncil, on November 1, 2022, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District.
B. Ordinance
NOW THEREFORE, THE CITY COUNCIL OF THE CITY O F COLTON, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello -Roos Community Facilities Act of 1982” (the “Act”), at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2021 -22 pursuant to Ordinance No. O -08-21 passed and adopted by the City Council on August 3, 2021, and the special tax is hereby levied commencing in Fiscal Year 2021-22 in the District, including the Annexation Territory identified as Annexation No. 1, and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District.
Section 3. The City Manager of the City or designee or employee or consultant of the City is hereby authorized and direc ted each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution.
Section 4. Exemptions from the levy of the special tax shall be as provided in the Resolution and the applicable provisions of the Act. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution.
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Attachment: Ordinance No. O-16-22_CFD No. 2021 - 2 Annexation 1. (3821 : Annexation into CFD No. 2021-2 (Maintenance)) 1 2
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Section 5. All of the collections of the special tax shall be used as provided in the Act and in the Resolution, including, but not limited to, the payment of the costs of the services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax.
Section 6. The special tax shall be collected in the same manner and at the same time as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subjec t to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The City Manager of the City, or his or her designee, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Bernardino in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of San Bernardino for Fiscal Year 2022 -23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.
Section 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent juris diction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.
Section 8. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City of Colton.
The foregoing ordinance was introduced and the title thereo f read at the regular meeting of the City Council the 1st day of November, 2022 and by unanimous vote of the City Council members present, further reading was waived.
PASSED, APPROVED AND ADOPTED this 1st day of November, 2022.
City of Colton
___________________________________
Frank J. Navarro, Mayor
ATTEST:
______________________________________
Carolina R. Padilla, City Clerk
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Attachment: Ordinance No. O-16-22_CFD No. 2021 - 2 Annexation 1. (3821 : Annexation into CFD No. 2021-2 (Maintenance))
ITEM NO. 2
STAFF REPORT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-14-22, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, ADOPTING BY REFERENCE THE 2022
CALIFORNIA BUILDING CODE, INCORPORATING THE
"INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2, 2021
EDITION INCLUDING APPENDICES THERETO; THE 2022
CALIFORNIA FIRE CODE, INCORPORATING THE
“INTERNATIONAL FIRE CODE” 2021 EDITION INCLUDING
APPENDICES THERE TO; THE 2022 CALIFORNIA RESIDENTIAL
CODE, INCORPORATING THE “INTERNATIONAL RESIDENTIAL
CODE” 2021 EDITION INCLUDING APPENDICES THERETO; THE
2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE
"UNIFORM MECHANICAL CODE", 2021 EDITION; INCLUDING
APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING
CODE, INCORPORATING THE "UNIFORM PLUMBING CODE",
2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022
CALIFORNIA ELECTRICAL CODE, INCORPORATING THE
"NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING
ANNEXES THERETO; 2022 CALIFORNIA GREEN BUILDING
STANDARDS CODE INCLUDING APPENDICES THERETO; 2022
CALIFORNIA ENERGY EFFICIENCY STANDARDS INCLUDING
APPENDICES THERETO; ADOPTING BY REFERENCE THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL
PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH
APPENDICES AND AMENDMENTS THERETO. TOGETHER WITH
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Staff Report to the Mayor and City Council
2022 Building Code Adoption
November 1, 2022
CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND
EXCEPTIONS, ORDINANCE NO. O-14-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
ADOPT THE FOLLOWING ORDINANCE NO. O-14-22:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, REPEALING AND REPLACING CHAPTERS 15 MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24); INCORPORATING THE 2022 CALIFORNIA BUILDING CODE, (INCORPORATING AND AMENDIN G THE 2021
INTERNATIONAL BUILDING CODE); THE 2022 CALIFORNIA
ADMINISTRATIVE CODE; THE 2022 CALIFORNIA ELECTRICAL CODE (INCORPORATING AND AMENDING THE 2017 NATIONAL ELECTRICAL CODE); THE 2022 CALIFORNIA MECHANICAL CODE (INCORPORATING AND AMENDING THE 2021 U NIFORM MECHANICAL CODE); THE 2022
CALIFORNIA PLUMBING CODE (INCORPORATING AND AMENDING
THE 2021 UNIFORM PLUMBING CODE); THE 2022 CALIFORNIA
RESIDENTIAL CODE (INCORPORATING AND AMENDING THE 2021
INTERNATIONAL RESIDENTIAL CODE); THE 2022 CALIFORNIA FIRE CODE (INCORPORATING AND AMENDING THE 2021 INTERNATIONAL FIRE CODE); AND THE 2021 CALIFORNIA GREEN BUILDING
STANDARDS CODE TOGETHER WITH CERTAIN ADDITIONS,
INSERTIONS, DELETIONS AND CHANGES THERETO; ADOPTING BY
REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH APPENDICES AND AMENDMENTS THERETO.
BACKGROUND
It is common practice for all jurisdictions in the State of California to amend and adopt the updated State codes to fit the City’s special needs based on climatic, topographical, and geologic conditions and to be in compliance with the State law requirements. The Building Standards Code is revised and updated every three (3) years. The newest edition of th e California Building Standards Code is the 2022 edition with an effective date of January 1, 2023.
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Staff Report to the Mayor and City Council
2022 Building Code Adoption
November 1, 2022
The attached Ordinance includes the necessary findings to enable the City to amend the new construction codes to reflect our local conditions. The attac hed Ordinance also incorporates amendments to reflect our local conditions.
The remainder of the proposed amendments are administrative or procedural in nature.
ISSUES/ANALYSIS
This code amendment includes local amendments to the Building Standards Cod e that are reasonably necessary because of unique local climatic, topographic and geologic conditions.
These conditions include low amounts of precipitation, humidity and extremely high temperatures, in the area; extremely strong winds; periodic drought c onditions and limited water supplies; moderately strong earthquakes; and topographical barriers to timely emergency response.
New local amendments within the Building Standards Code are as summarized as follows:
Combustible Pallets. An operational permit is required to store, manufacture, refurbish or otherwise handle >200 cubic feet of combustible pallets at one site.
Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and remov ed by the owner or occupant of the premises. Vegetation clearance requirement in urban -wildland interface areas shall be in accordance with Chapter 49 and City of Colton Vegetation Management Guidelines.
Outdoor Fires. Outdoor fires shall not be built, i gnited or maintained in fuel modification areas, Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or Special Fire Protection Areas (SFPA) or other locations where conditions could cause the spread of fire to the WRA, SFPA or FHSZ, ex cept by permit from the fire code official.
Outdoor Fireplaces. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied -petroleum gas are allowed when approved by the Building Department and the device is designed to only bur n a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device.
Vegetation Management. All new buildings to be built or installed in areas with or adjacent to land having hazardous combustible vegetation shall comply with the requirements in the edition of City of Colton Vegetation Management Guidelines currently in use at the time of plan submittal.
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Staff Report to the Mayor and City Council
2022 Building Code Adoption
November 1, 2022
Fences. Chain link fences and Vinyl Fences four (4) feet or more in height are required to be built with the benefit of a building permit.
Wind Load. Wind load parameters have been revised from ultimate wind force criteria to basic wind force criteria to be in concert with the American Society of Civil Engineers.
Electric Vehicle Charging Systems. Expediting Permitting Processing
Additional information regarding the proposed amendments is contained in the Information Bulletin attached to thi s report (Attachment 2).
ENVIRONMENTAL DETERMINATION/CEQA
This Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
FISCAL IMPACTS
No General Fund impacts are associated with this action.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. City of Colton Ordinance-O-14-22
2. 2022 Findings-Attachment - 2
3. 2022 Code --Information Guide
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PLEADING TITLE - 1
ORDINANCE NO. O-14-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2, 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA FIRE CODE, INCORPORATING THE “INTERNATIONAL FIRE CODE” 2021 EDITION INLCLUDING APPENDICES THERE TO; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE “INTERNATIONAL RESIDENTIAL CODE” 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2021 EDITION; INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING ANNEXES THERETO; 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; 2022 CALIFORNIA ENERGY EFFICENCY STANDARDS INCLUDING APPENDICES THERETO; ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH APPENDICES AND AMENDMENTS THERETO.TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS.
RECITALS
WHEREAS, Government Code Section 50022.1, et seq., authorizes the adoption by reference of the Codes specified in the title of the Ordinance.
WHEREAS, At least one copy of each of said Codes certified as full, true and correct by the City Clerk of the City of Colton have been filed in the Office of the City Clerk in accordance with the provisions of Government Code Section 50022.6.
WHEREAS, a duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance.
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
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PLEADING TITLE - 2
NOW, THEREFORE, the City Council of the City of Colton ordains as follows:
SECTION 1: The City hereby makes the findings to support changes need to the California Building Code, as contained in Exhibit 3 to this Ordinance. The City Council incorporates the Recitals set forth above by this reference.
SECTION 2: Chapters 15.04, 15.06, 15.07, 15.08, 15.09, 15.10, 15.11, 15.12, and 15.13 of Title 15 of the Colton Municipal Code, entitled Buildings and Construction, are hereby added and amended as provided for herein, provided that said amendments shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the provisions of Title 15 as exist prior to the adoption of this Ordinance shall continue to be applicable to construction for which permits have been issued prior to the effective date of this Ordinance. Moreover, this Ordinance does not amend or revoke any previously established fees referenced in this Ordinance.
SECTION 3: Chapter 15.04 of Title 15 of the Colton Municipal Code is hereby amended to read as follows:
"CHAPTER 15.04
CODES ADOPTION
Section:
15.04.010 Codes adoption.
15.04.020 Violations.
15.04.010 Codes adoption.
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PLEADING TITLE - 3
The 2022 California Building Code, incorporating the "International Building Code, Volumes 1 and 2", 2021 Edition, including all appendices thereto; the 2022 California Residential Code, incorporating the “International Residential Code”, 2021 Edition, including all appendices thereto; the 2022 California Mechanical Code, incorporating the "Uniform Mechanical Code", 2021 Edition; including all appendices thereto; the 2022 California Plumbing Code, incorporating the "Uniform Plumbing Code", 2021 Edition, including all appendices thereto; the 2022 California Electrical Code, incorporating the " National Electrical Code ", 2014 Edition; including all annexes thereto; 2022 California Green Building Standards Code; are hereby adopted by reference in their entirety and amended in Chapters 15.06, 15.07, 15.08, 15.09, 15.10, 15.11, 15.12, and 15.13, herein, shall comprise the Building and Construction Regulations of the City of Colton."
15.04.020 Violations.
A. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to, or in violation of , any of the provisions of the codes.
B. Any person, firm, or corporation violating any of the provisions of the code is guilty of a misdemeanor. Each day, or portion thereof, during which any such violation is committed, continued, or permitted, is a separate offense. Any such violation shall be punishable by such fines and penalties as described in Chapter 8.12 of the Colton Municipal Code.”
SECTION 4: Chapter 15.06 of Title 15 of the Colton Municipal Code is hereby amended to read as follows:
“CHAPTER 15.06
BUILDING CODE
Sections:
15.06.005 Section [A] 101.4 amended – Referenced Codes.
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PLEADING TITLE - 4
15.06.005 Section [A] 101.4 amended – Referenced Codes.
15.06.010 Section [A] 105.2 amended – Work exempt from permit.
15.06.020
Section [A] 105.5 amended – Expiration.
15.06.030 Section City Ordinance section added- – Permit Issuance.
15.06.040 Sections [A] 113.1 and [A] 113.3 amended – Board of appeals.
15.06.045 Sections [A] 114.1 and [A] 114.2 amended – Violations.
15.06.060 Section 903 amended – Fire protection and life safety systems.
15.06.070 Section 903.1 amended – General.
15.06.080 Section 903.2 amended – Where required.
15.06.145 Section 903.2.8 amended - Group R.
15.06.150 Section 903.2.9 amended - Group S-1...
15.06.155 Section 903.2.9.1 amended - Repair Garages.
15.06.160 Section 903.2.9.2 amended – Bulk Storage of Tires.
15.06.165 Section 903.2.10.1 amended – Commercial Parking Garages.
15.06.170 Section 903.2.11.1 amended –Stories without openings.
15.06.175 Section 903.2.11.3 amended – Deleted exceptions.
15.06.180 Section 903.3.3.3 amended – NFPA 13 D Sprinkler Systems.
15.06.185 Section 903.3.5.3 added – Hydraulic Calculated System.
15.06.190 Section 903.3.4 amended – Sprinkler S. Supervision and Alarms.
15.06.195 Section 905.4 amended – Location of Class I Stand pipe hose C.
15.06.200 Table1505.1 amended - Minimum roof covering classification.
15.06.210 Section 1609.3 amended – Ultimate wind speed.
15.06.220 Appendix Chapter Adopted and Amended
15.06.230 Section J101.1 of Appendix J amended – Scope.
15.06.240 Section J101.1 of Appendix J amended – Special requirements for hazardous conditions
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15.06.250 Section J103.2 of Appendix J amended – Exemptions.
15.06.260 Section J104 of Appendix J amended – Permit application and submittal.
15.06.270 Section J105.1 of Appendix J amended – General.
15.06.280 Section J109.4 of Appendix J amended – Drainage across property lines.
15.06.290 Section J110 of Appendix J amended – Temporary erosion control during grading.
15.06.005 Section [A] 101.4 of Chapter 1, Division II Amended – Referenced codes.
Sections [A] 101.4.1, 101.4.2, 101.4.3 and 101.4.4 of the California Building Code are deleted.
15.06.010 Section [A] 105.2 of Chapter 1, Division II Amended - Work exempt from permit.
Section [A] 105.2 of the California Building Code is hereby amended by amending item two, and adding a new item 14, to read as follows:
2. Chain-link, plastic, Vinyl, masonry, wood, wrought iron, concrete fences not over 4 feet in height above the lowest adjacent grade unless supporting a surcharge or impounding class I, II or III-A liquids.
4. Retaining walls that are not over 2 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquid
5. Water tanks supported directly on grade if the capacity is not greater than 500 gallons.
14. Flag pole not to exceed 20 feet in height above ground in a residential lot
15.06.020 Section [A] 105.5 of Chapter 1, Division II amended – Expiration.
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Section [A] 105.5 of the California Building Code is hereby amended by adding a sentence at the end of the section to read as follows:
Building permits issued to repair under Chapter 8.04 or 8.05 of this code shall expire in sixty (60) days from the date such permit is issued unless the Code Enforcement and Housing Appeals Board authorizes a longer period of time in which to complete the work in which event such permit will expire at the end of such longer period of time.
15.06.030 Section [A] 105.3 of Chapter 1, Division II Added – Permit Issuance.
Section [A] 105.3 of the California Building Code is amended to add subsection to read as follows:
Building permits may be issued to either:
a). Persons holding a valid license issued by State of California State Contractor's License Board, related to the specialty of the work being performed, or
b). Persons providing bona fide proof of ownership of the Property and Buildings for which the Permit is being issued or their authorized Representative.
15.06.040 Section [A] 113.1 and [A] 113.3 of Chapter 1, Division II amended – Board of appeals.
Sections [A] 113.1 and [A] 113.3 of Chapter 1, Division II of the California Building Code are hereby amended to read as follows:
[A] 113.1 General.
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PLEADING TITLE - 7
In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction.
The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.
[A] 113.3 Qualifications. Deleted.
15.06.050 Section [A] 114.1 and [A] 114.2 of Chapter 1, Division II amended – Violations.
Sections [A] 114.1 and [A] 114.2 of Chapter 1, Division II of the California Building Code are hereby amended to read as follows:
[A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
[A] 114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal, demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
15.06.060 Section 903.1 amended.
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Section 903.1, General, of the California Fire Code is hereby amended to read as follows:
903.1 General. Automatic sprinkler systems shall comply with this section and Colton guidelines for 13, 13D, 13R, and Colton Fire Department Underground Piping for Hydrants and Sprinkler Supply Line
15.06.070 Section 903 is amended – Fire protection systems.
Section 903.2 amended. Section 903.2 of the California Building Code is hereby amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings or structures shall be provided in locations described in this section regardless of fire resistive separation walls. In all existing structures and occupancies not equipped with an automatic sprinkler system, the following requirements shall apply:
1. For existing buildings smaller than 5,000 square feet in gross floor area, when an addition causes the structure to exceed 5,000 square feet and such addition is equal to or greater than 50% of the existing square footage, the entire structure shall be provided with an automatic sprinkler system.
2. For existing buildings larger than 5,000 square feet in gross floor area, when an addition is equal to or greater than 10% of the existing square footage, the entire structure shall be provided with an automatic sprinkler system.
3. For existing buildings larger than 5,000 square feet in gross floor area, when extensive renovation or remodeling is done to more than 50% of the gross floor area, and when a change of use that, in the opinion of the fire code official using the guidance of this Code, increases the likelihood of, or increases the danger to occupants in a fire incident, the entire area shall be provided with an automatic sprinkler system.
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15.06.080 Section 903.2.1 amended. Section 903.2.1 of the California Building Code is hereby amended to read as follows:
15.06.125 Section 903.2.2 amended. Section 903.2.2 of the California Building Code is hereby amended by adding the following:
15.06.165 Section 903.2.10.1 amended.
Section 903.2.10 of the California Fire Code is hereby amended by the deletion of the exceptions.
Section 903.2.10.1 of the California Fire Code is hereby amended to read as follows:
903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the fire area exceeds 200 square feet.
15.06.175 Section 903.2.8, Group R, is hereby amended as follows:
903.2.8. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
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a) When an addition is 33% or more of the existing building area, as defined in Section 502.1, and greater than 1000 square feet (92.903 m2) within a two-year period; or
b) An addition when the existing building is already provided with automatic sprinklers; or
c) When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determined that the complexity of installing a sprinkler system would be similar as in a new building.
Exceptions:
1. Exception 1 deleted.
2. When approved by the fire code official, detached Group U private garages accessory to a Group R-3 occupancy, when located 50 feet or more from property lines or dwellings.
3. Group R-3.1 occupancies not housing bedridden clients, not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.
4. Pursuant to Health and Safety Code Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill or mentally handicapped, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and buildings or portion thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.
5. Pursuant to Health and Safety Code Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65years of age or over).
15.06.180 Section 903.3.1.3 amended.
Section 903.3.1.3 of the California Fire Code is hereby amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one and two-family dwellings shall be installed throughout in accordance with NFPA 13D, including attached garages.
15.06.185 Section 903.3.5.3 added.
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Section 903.3.5.3 hydraulically calculated systems are hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity
Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3
15.06.190 Section 903.4 amended.
Section 903.4 of the California Fire Code is hereby amended to read as follows:
Section 903.4, Sprinkler system supervision and alarms, is hereby amended by modifying item 1, deleting item 5, and renumbering the Exceptions as follows:
1. Automatic sprinkler systems protecting one- and two-family dwellings.
2. Limited area systems serving fewer than 20 sprinklers.
3. Automatic sprinkler systems installed in accordance with NFPA 13R where the common supply main is used to supply both the domestic and
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automatic sprinkler system, and a separate shutoff valve for automatic sprinkler system is not provided.
4. Jockey pump control valves that are sealed or locked in the open position.
5. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.
6. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position.
15.06.195 Section 905.4 amended.
Section 905.4 Location of Class I standpipe hose connections is hereby amended by adding items 7 as follows:
905.4 Location of Class I standpipe hose connections are hereby revised to include number 7 as follows:
7. The centerline of the 2.5-inch (63.5 mm) outlet shall be no less than 18 inches (457.2 mm) and no more than 24 inches above the finished floor.
15.06.200 Table 1505.1 Amended – Minimum roof covering classification Table 1505.1 of the California Building Code is hereby amended to read as follows: Table 1505.1 Minimum Roof Covering Classification for different types of construction for new buildings, re-roofs or additions.
*See Section 1505.1.1 for Class A Roof Coverings in Very-High Fire Hazard Severity
IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A B* B* B*
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15.06.210 Section 1609.3 amended – Basic wind speed.
Section 1609.3 of the California Building Code is hereby amended to by adding a sentence at the end of the section to read as follows:
For the City of Colton, new structures shall be designed for a minimum wind speed as follows:
Risk Category I – 100 mph, Vult’. - Exposure “C” Risk Category II – 110 mph, Vult’. - Exposure “C” Risk Category III & IV – 115 mph, Vult’. - Exposure “C”
15.06.220 Appendix Chapters Adopted.
Appendices chapters C, F, G, H, I, J, K, L, in the California Building Code are hereby Adopted.
15.06.230 Section J101-1 of Appendix J amended - Scope
Section J101.1 of the California Building Code is hereby amended to read as follows:
J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. In addition, the designs of the work as described above need to meet the recognized and accepted civil and geotechnical engineering practices and principles.
15.06.240 Section J101 of Appendix J amended – Special requirements for hazardous conditions.
Section J101, a second paragraph is added to the California Building Code to read as follows:
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J101 General. Whenever the Building Official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.
15.06.250 Section J103.2 of Appendix J - amended – Exemptions.
Section J103.2 of the California Building Code is hereby amended to read as follows:
J103.2 Exemptions:
A grading permit is not required for the following:
1. When approved by the Building Official, grading in an isolated, self- contained area if there is no danger to private or public property.
2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit.
This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524mm) after the completion of such structure.
5. Excavations for wells, tunnels, or utilities.
6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
7. Exploratory excavations under the direction of soil engineers or engineering geologists.
15.06.270 Section J105.1 of Appendix J amended – General Section J105.1 of the California Building Code is hereby amended to read as follows:
J105.1 General. Inspections shall be governed by Section 110, Chapter 1, Division II of this code and requirements established, by approved policies
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and procedures of the Engineering Division. An engineer shall provide grading inspections and certifications for the work.
15.06.280 Section J109.4 of Appendix J amended – Drainage across property lines.
Section J109.4 of the California Building Code is amended to have the following sentences added at the end of the section:
For Single Family Lot Drainage
1. Whenever possible, drainage from single family lots shall flow directly to a street or an approved location
2. If it should be determined necessary to allow offside drainage to flow through a single family lot (to preserve down lot views, esthetics, accept flow from offsite property, etc.), the following shall apply:
a. Drainage from only one lot shall flow through only one other lot. b. A drainage easement shall be provided/obtained over the lot accepting the drainage.
c. The drainage shall be contained within either a concrete/rock lined swale or a reinforced concrete pipe.
d. The drainage facility shall be designed with excess capacity to account for the probable lack of necessary maintenance. Therefore, it shall be designed to convey two times the runoff from a 100-year storm with the minimum diameter for a pipe being 12 inches.
SECTION 5: Chapter 15.07 is hereby added to Title 15 of the Colton Municipal Code to read as follows:
“CHAPTER 15.07
RESIDENTIAL BUILDING CODE
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Sections:
15.07.010 Section 1.8.8 of Chapter 1, Division I amended – Board of appeals.
15.07.020 Section R105.2 of Chapter 1, Division II amended – Work exempt from permit.
15.07.030 Section R105.5 amended – Expiration.
15.07.040 Section R113.1 and R113.2 of Chapter 1, Division II amended Violations.
15.07.050 Section R301.2.1 amended – Wind limitations.
15.07.060 Section R401.4.1 amended – Geotechnical evaluation.
15.07.070 Section R902.1 amended – Roofing covering materials.
15.07.080 Section Appendix Chapter Adopted.
15.07.010 Section 1.8.8 of Chapter 1, Division I amended – Board of appeals.
Section 1.8.8 of Chapter 1, Division I of the California Residential Code is hereby amended to read as follows:
1.8.8.1 General.
In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction.
The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.
15.07.020 Section R105.2 of Chapter I, Division II amended – Work exempt from permit.
Section 105.2 of the California Residential Code is hereby amended by amending item 2 and 3 and adding a new item 11 to read as follows:
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2 Chain-link, plastic, Vinyl, masonry, Wood, wrought iron and concrete fences not over 4 feet in height above the lowest adjacent grade unless supporting a surcharge or impounding class I, II or III-A liquids
3 Retaining walls that are not over 2 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids
14. Flag pole not to exceed 20 feet in height above ground in a residential lot.
15.06.030 Section R105.5 of Chapter 1, Division II amended – Expiration.
Section R105.5 of the California Residential Code is hereby amended by adding a sentence at the end of the section to read as follows:
Building permits issued to repair under Chapter 8.04 or 8.05 of this code shall expire in sixty (60) days from the date such permit is issued unless the Code Enforcement and Housing Appeals Board authorizes a longer period of time in which to complete the work in which event such permit will expire at the end of such longer period of time.
15.07.040 Section R113.1 and R113.2 of Chapter I, Division II – amended – Violations.
Section R113.1 and R113.2 of Chapter 1, Division II of the California Residential Code is hereby amended to read as follows:
R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
R113.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
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15.07.050 Section R301.2.1 Amended – Wind design criteria.
Section R301.2.1 of the California Residential Code is hereby amended by adding a sentence at the end of the section to read as follows:
For the City of Colton, new structures shall be designed for a minimum wind speed V-ult’ of 110 miles per hour
15.07.070 Section R902.1 Amended - Roofing covering materials.
Section R902.1 of the California Residential Code is hereby amended to read as follows:
Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
Minimum Roof Covering Classification for different types of construction for new buildings, re roofs or additions except for the construction of roofs in very High Fire Hazard Zones.
IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A B* B* B*
*See Section 902.1.1 for Class A Roof Coverings in Very-High Fire Hazard Severity
The remaining section of the code remains the same.
15.07.080 Appendices Adopted.
Appendices A, B, C, D, E, F, I, K, L, M, N, O, P, Q, R, & U of the California Residential Code are hereby adopted.
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SECTION 6: Chapter 15.08 is hereby added to Title 15 of the Colton Municipal Code to read as follows:
"CHAPTER 15.08
MECHANICAL CODE
Sections:
15.08.010 Section 108.1 of Chapter 1, Division II amended – General.
15.08.020 Section 114.2 of Chapter 1, Division II amended - Permit fees.
15.08.030 Section 114.3 of Chapter 1, Division II amended - Plan review fees.
15.08.040 Table 114.1 of Chapter 1, Division II deleted – Mechanical permit fees.
15.09.050 Appendix Chapters Adopted.
15.08.010 Section 108.1 of Chapter 1, Division II amended - General.
Section 108.1 of the California Mechanical Code is hereby amended to read as follows:
108.1 General.
In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction.
The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all
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decisions and findings in writing to the appellant with a duplicate copy to the Building and Safety Services Director.
15.08.020 Section 114.2 of Chapter 1, Division II amended - Permit fees.
Section 114.2 of the California Mechanical Code is hereby amended to read as follows:
114.2 Permit Fees.
The fee for each permit shall be as established by Resolution of the City Council.
15.08.030 Section 114.3 of Chapter 1, Division II amended - Plan review fees.
Section 114.3 of the California Mechanical Code is hereby amended to read as follows:
114.3 Plan Review Fees.
When Section 114.2 requires submittal documents, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth by Resolution of the City Council.
Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged.
15.08.040 Table 114.1 Deleted - Mechanical permit fees.
Table 114.1 Mechanical Permit Fees of the California Mechanical Code is hereby deleted.”
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15.09.050 Appendix Chapters Adopted.
Appendices B, C, D, E, F, and G, of the California Mechanical Code are hereby adopted.
SECTION 7: Chapter 15.09 is hereby added to Title 15 of the Colton Municipal Code to read as follows:
"CHAPTER 15.09
PLUMBING CODE
Sections:
15.09.010 Section 102.3 of Chapter 1, Division II amended – Board of appeals.
15.09.020 Section 103.4 amended - Permit fees.
15.09.030 Section 103.4.1 amended - Plan review fees.
15.09.040 Table 103.4 deleted - Plumbing permit fees.
15.09.050 Appendix Chapters Adopted.
15.09.060 Section 609.3.1 added – Copper tubing.
15.09.070 Section 701.1 amended – ABS and PVC materials.
15.09.080 Section 701.1 amended – ABS and PVC materials for residential construction.
15.09.010 Section 102.3 of Chapter 1, Division II amended – Board of appeals.
Section 102.3 is hereby added to the California Plumbing Code read as follows:
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102.3. Board of appeals
In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.
15.09.020 Section 103.4 amended - Permit fees.
Section 103.4 of the California Plumbing Code is hereby amended to read as follows:
103.4 Permit Fees.
The fee for each permit shall be as established by Resolution of the City Council.
15.09.030 Section 103.4.1 amended - Plan review fees.
Section 103.4.1 of the California Plumbing Code is hereby amended to read as follows:
103.4.1 Plan Review Fees.
When a plan or other data is required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth by Resolution of the City Council.
Where plans are incomplete or changed so as to require additional review, an additional review fee shall be charged.
15.09.040 Table 103.4 deleted - Plumbing permit fees.
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Table 103.4 of the California Plumbing Code is hereby deleted.
15.09.050 Appendix Chapters Adopted.
Appendices chapters A, B, C, D, G, H, I, J, and K. In the California plumbing Code are hereby adopted.
15.09.060 Section 609.3.1 of Chapter 6 added – Copper tubing.
Section 609.3.1 is hereby added to Section 609.3.1 of the California Plumbing Code to read as follows:
609.3.1 Copper tubing serving plumbing fixtures within dwelling unit shall be installed without joints and the installation shall satisfy the following requirements.
(1) The copper tubing shall be installed within a watertight continuous sleeve that prevents direct contact between the copper tubing and under- slab soils.
(2) During construction the protective sleeve shall be capped at both ends until the copper tubing is installed and released for service.
SECTION 8: Chapter 15.10 is hereby added to Title 15 of the Colton Municipal Code to read as follows:
"CHAPTER 15.10
ELECTRICAL CODE
Sections:
15.10.010 Section 80.15 of Annex H Adopted and amended – Board of appeals.
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15.10.010 Section 80.15 of Annex H amended and approved– Board of appeals.
Section 80.15 Annex H of the California Electrical Code is hereby amended to read as follows:
80.15. Board of appeals.
In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction.
SECTION 9: Chapter 15.11 is hereby added to Title 15 of the Colton Municipal Code to read as follows:
CHAPTER 15.11
GREEN BUILDING CODE
15.11.10 Section 4.106.4 and 5.106.5.3 Electric Vehicle Charging Stations \
Sections: 15.11.010
15.11.010 is hereby added to Title 15 of the Colton Municipal Code to read as follows:
Section 15.11.010: Expedited, streamlined permitting process for electric vehicle charging stations as required by Government Section 65850.7
15.11.010 - Intent and purpose.
The intent and purpose of this section is to adopt an expedited, streamlined electric vehicle charging systems to achieve timely and cost -effective
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installations of electric vehicle charging systems. This Chapter is designed to encourage the use of electric vehicle charging systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install electric vehicle charging systems. This section allows the City to achieve the se goals while protecting the public health and safety.
15.11.020. Expedited Review and Process
Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug- In Electric Vehicle Infrastructure Permitting Checklist ” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook ” published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.
15.11.030. Electronic Submittals
Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applicati ons covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
15.11.040. Association Approval
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Consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
15.11.040. Permit Application Processing
A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permi t application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
15.11.050. Technical Review
It is the intent of this Section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher pr iority life- safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the
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public health or safety, as defined in Government Code 65850.7, the City may require the applicant to apply for a use permit
SECTION 10: Chapter 15.12 is hereby added to Title 15 of the Colton Municipal Code to read as follows:
“CHAPTER 15.12
CALIFRNIA ENERGY EFFICICNCY STANDARDS
Sections:
15.12.010 [Reserved for future amendments.]
15.12.010 Section [Reserved for future amendments.]”
SECTION 11: Chapter 15.12 is hereby added to Title 15 of the Colton Municipal Code to read as follows:
“CHAPTER 15.13
HISTORICAL BUILDING CODE
Sections:
15.13.010 [Reserved for future amendments.]
15.13.010 Section [Reserved for future amendments.]”
SECTION 12: Chapter 15.13 is hereby added to Title 15 of the Colton Municipal Code to read as follows:
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“CHAPTER 15.14
EXISTING BUILDING CODE
Sections:
15.14.010 [Reserved for future amendments.]
15.14.010 Section [Reserved for future amendments.]”
SECTION 13: Chapter 15.16 of Title 15 of the Colton Municipal Code is hereby amended to to read as follows:
“Chapter 15.16
CALIFORNIA FIRE CODE
Sections:
15.16.030. - Section 101.1 Amended - Administration.
15.16.035. - Section 103.2 amended.
15.16.040. - Section 104 amended.
15.16.050. – Section 105.6 amended.
15.16.060. – Section 110.4 amended.
15.16.070. – Section 112.4 amended.
15.16.075. – Section 202 amended.
15.16.080. – Section 304.1.2 amended.
15.16.090. – Section 305 amended.
15.16.091. – Section 307 amended.
16.16.092. – Section 308 amended.
15.16.096. – Section 322 added.
15.16.100. – Section 506.2.1 amended.
15.16.110. – Section 503.2.1.1 added.
15.16.120. – Section 503.2.7 amended.
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15.16.130. – Section 503.4 amended.
15.16.140. – Section 505.1 amended.
15.16.150. – Section 507.5.1 amended.
15.16.160. – Section 509.2.1 added.
15.16.180. – Section 903.2 amended.
15.16.240. – Section 903.2.2 amended.
15.16.250. – Section 903.2.3 amended.
15.16.260. – Section 903.2.4 amended.
15.16.270. – Section 903.2.4.1 amended.
15.16.275. - Section 903.2.4.2 added - Group F-2.
15.16.280. – Section 903.2.8 amended.
15.16.290. – Section 903.2.7 amended.
15.16.300. – Section 903.9.1 amended.
15.16.305. – Section 903.2.9.2 amended.
15.16.310. – Section 903.2.10 amended.
15.16.320. – Section 903.2.10.1 amended
15.16.330. – Section 903.2.11.1 amended.
15.16.340. – Section 903.2.11.3 amended.
15.16.350. – Section 903.2.21 added.
15.16.360. – Section 903.3.1.3 amended.
15.16.370. – Section 903.3.5.3 added.
15.16.380. – Section 903.4 amended.
15.16.382. – Section 905.4 amended.
15.16.385. – Section 2404.1 amended.
15.16.390. – Section 2810.6 amended.
15.16.400. – Section 2810.7 amended.
15.16.410. – Section 2810.8 amended.
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15.16.420. – Section 2810.8.1 added.
15.16.425. – Section 3201.1 amended.
15.16.430. – Section 4906.3 amended.
15.16.440. – Section 4908 added.
15.16.450. – Section 5001.5.2 amended.
15.16.460. – Section 5601.3.6 added.
15.16.470. – Section 5608.2 added.
15.16.480. – Section 5614 added.
15.16.490. – Section 5704.2.3.2 amended.
15.16.500. – added. Establishment of limits required by the Fire Code.
15.16.520. – Section 8.3.3.1 NFPA 13, 2016 Edition, amended.
15.16.530. – Section 8.15.1.2.7 NFPA 13, 2016 Edition amended.
15.16.240. – Section 11.1.1.1 NFPA 13, 2016 Edition added.
15.16.550. – Section 4.1.3 NFPA 13, 2016 Edition added.
15.16.570. - Section 4.1.3.2 NFPA 13, 2016 Edition added
15.16.580. – Section 4.1.3.3 NFPA 13, 2016 Edition added
15.16.590. – Section 4.1.3.4 NFPA 13, 2016 Edition added.
15.16.600. – Section 47.1.2 NFPA 13, 2016 Edition amended.
15.16.610. – Section 7.3.1.1 NFPA 13, 2016 Edition amended.
15.16.620. – Section 6.1.1.4 NFPA 13, 2016 Edition amended.
15.16.630. – Section 6.3.3 NFPA 13, 2016 Edition amended.
15.16.640. – Section 10.1.5 NFPA 13, 2016 Edition added.
15.16.650. – Section 10.4.1.1 NFPA 13, 2016 Edition amended.
15.16.660. – Section 10.3.6.1 NFPA 13, 2016 Edition added.
15.16.670. – Section 10.6.3.1 NFPA 13, 2016 Edition amended.
15.16.680. – Section 10.4.3.1.1 NFPA 13, 2016 Edition amended.
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15.16.030. – Section 101.1 amended.
Chapter 1 Scope and Administration is adopted in its entirety with the following amendments:
Section 101.1 Title of the California Fire Code is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Colton,
Hereinafter referred to as “this code.”
15.16.035. – Section 103.2 amended.
Section 103.2 Appointment of the California Fire Code is hereby amended to read as follows:
103.2 Appointment. The fire code official shall be appointed by the chief appointing authority of the jurisdiction.
15.16.040. – Section 104 amended.
Section 104 General Authority and Responsibilities of the California Fire Code is hereby amended by adding the following:
104.1.1 Citations. The fire code official and his or her designees are authorized to issue a citation to persons operating or maintaining an occupancy, premises, or vehicle subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so.
104.12 Cost Recovery. Fire Suppression, Fire Prevention, Investigations, Rescue, or Emergency Medical Costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1.
15.16.050. – Section 105.6 amended.
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Section 105.6 Required Operational Permits of the California Fire Code is hereby amended by adding the following subsections:
105.6.3.1 Battery Systems. An operational permit is required for a stationary storage battery system as regulated by Section 608 of the California Fire Code.
105.6.15.1 Fixed Hood and Duct Extinguishing Systems. An operational permit is required to utilize commercial cooking appliances, as defined in Section 202, with a fixed hood, duct, and cooking appliance fire extinguishing system.
105.6.33.1 Pallet Yards. An operational permit is required to store, manufacture, refurbish or otherwise handle >200 cubic feet of combustible pallets at one site.
15.16.060. – Section 112.4 amended.
Section 112.4 Violation penalties of the California Fire Code is hereby revised as follows: Infraction, Misdemeanor, as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of either a misdemeanor, infraction or both as prescribed in Section 110.4.2 and 110.4.3. Penalties shall be punishable by such fines and penalties as described in Chapter 8.12 of the Colton Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Sections 112.4.2 Infraction is hereby added as follows:
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112.4.2 Infraction. Except as provided in Section 110.4.3, persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.
Sections 112.4.3 Misdemeanor is hereby added as follows:
112.4.3 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor:
104.11.2 - Obstructing operations
104.11.3 - Systems and Devices
108.6 - Overcrowding
110.3.2 - Compliance with Orders and Notices
112.4 - Failure to comply
305.4 - Deliberate or negligent burning
308.1.2 - Throwing or placing sources of ignition
310.7 - Burning Objects
3107.4 - Open or exposed flames
15.16.070. – Section 113.4 amended.
Section 112.4 Stop Work Order of the California Fire Code is hereby amended to read as follows:
113.4 Failure to Comply. Any person who shall continue any work after having being served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for penalties as described in Chapter 8.12 of the Colton Municipal Code.
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Chapter 2
Definitions
Chapter 2 Definitions of the California Fire Code is adopted in its entirety with the following amendments:
15.16.075. – Section 202 amended.
Sections 202 General Definitions is hereby revised by adding “Flow- line” and “Hazardous Fire Area,” as follows:
202 General Definitions
FLOW-LINE. The lowest continuous elevation on a curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.
GROUND COVER. A plant that naturally grows close to the ground and does not exceed 18 inches in height at full maturity.
HAZARDOUS FIRE AREA. Includes all areas identified within Section 4906.2 and other areas as determined by the Fire Code Official as presenting a fire hazard due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation.
Chapter 3
General Requirements
Chapter 3 General Requirements is adopted in its entirety with the following amendments:
15.16.080. Section 304.1.2 amended.
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Section 304.1.2 Vegetation of the California Fire Code is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49 and City of Colton Vegetation Management Guidelines. If a fire hazard is determined to exist, by the fire code official or his or her designee, the fire code official may give notice to the owner of the property upon which a hazardous condition exists to abate such condition.
If abatement is not performed within the time frames granted by such notices or other written documentation, the fire code official may cause abatement to be done in accordance with public nuisance abatement procedures and make the expense of such abatement a lien upon the property at which such condition exists.
15.16.090. Section 305 amended.
Section 305.6 Outdoor fires is hereby amended by adding the following subsections:
305.6 Outdoor fires. Outdoor fires shall be in accordance with Sections 305, 307, and 308 and with other applicable sections of this code. 305.6.1 Where prohibited. Outdoor fires shall not be built, ignited or maintained in fuel modification areas, Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or Special Fire Protection Areas (SFPA) or other locations where conditions could cause the spread of fire to the WRA, SFPA or FHSZ, except by permit from the fire code official.
Exceptions: A permit is not required for the following:
1. Fires in approved outdoor or portable fireplaces, fire pits, fire rings and similar devices at Group R occupancies that are installed and used in accordance with this code.
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2. Outdoor fires at inhabited premises or official organized campsites or parks when located in a permanent or portable barbeque or grill, incinerator, or outdoor fireplace located at least 30 feet from combustible vegetation.
3. Installations or uses approved by the fire code official.
305.6.1.1 Fuel Modification Areas. Outdoor fires using wood or other solid fuel shall not be built, ignited or maintained in a fuel modification area.
305.6.1.2 Supervision. Where a permit is issued or when allowed under the exceptions of Section 305.6.1, such fires shall be supervised by a person 18 years of age or older.
305.6.2 Hazardous conditions. Outdoor fires are not allowed when predicted sustained winds exceed 8 MPH during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.
305.6.3 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
15.16.091. Section 307 amended.
Section 307 OPEN BURNING; RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby amended as follows:
SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE
PITS, FIRE RINGS, AND OUTDOOR FIREPLACES
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307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.
Exception: Barbeques grills and other portable devices intended solely for cooking.
Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.
Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in
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devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.
Exceptions:
1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,
2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.
Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.
Exceptions:
1. Permanent fireplaces that are not located in a fuel modification zone
2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.
15.16.096 Section 324 added.
Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in areas with or adjacent to land having hazardous combustible vegetation shall comply with the requirements in the edition of City of Colton Vegetation Management Guidelines currently in use at the time of plan submittal.
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Section 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
Section 326 Unusual Circumstances is hereby added as follows:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:
1. Difficult terrain.
2. Danger of erosion.
3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.
4. Stands or groves of trees or heritage trees.
5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
Section 327 Use of Equipment is hereby added as follows:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 325.1 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exceptions:
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1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.
2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition Section 327.1 Spark Arresters is hereby added as follows:
327.1 Spark arresters. Spark arresters shall comply with the following:
1. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service.
2. Spark arresters affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
Section 328 Restricted Entry is hereby added as follows:
328 Restricted entry. The fire code official shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or being upon their lands.
2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.
Section 329 Trespassing on posted property is hereby added as follows:
329 Trespassing on posted property. When the fire code official determines that a specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the density of natural
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growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.
1. Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area.
2. Trespassing. Entering and remaining within areas closed and posted is prohibited.
Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.
Chapter 4
Emergency Planning and Preparedness
Chapter 4: Emergency Planning and Preparedness Adopt only the Sections listed below:
1. 401-401.9
2. 402
3. 403.1
4. 403.2
5. 403.4-403.4.4
6. 403.10.2.1.1
7. 403.10.6
8. 403..12 – 403.12.3
9. 404.5– 404.6.6
10. 407
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Chapter 5
Fire Service Features
Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:
15.16.105 Section 501.1 amended.
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and the City of Colton Guideline for Fire Department Access & Water Requires for Commercial & Residential Development, and the City of Colton Guideline for Underground Piping for Private Hydrants & Sprinkler Supply Line.
(Ord. No. O-15-19 , § 13, 11-19-2019)
15.16.110 Section 503.2.1.1 added.
Section 503.2.1.1 Hazardous Fire Area is added as follows:
503.2.1.1 Hazardous Fire Areas. In Hazardous Fire Areas, the minimum fire apparatus road width shall be 28 feet (8530 mm). The width shall be maintained to an approved point outside of the Hazardous Fire Area.
Exception: When the road serves no more than three dwelling units and the road does not exceed 150 feet in length, the road width may be 24 feet (7300 mm). This length may be increased to 400 feet where serving no more than three dwelling units and all structures accessed from the roadway are protected by automatic fire sprinklers.
( Ord. No. O-15-19 , § 13, 11-19-2019)
15.16.120 Section 503.2.7 amended.
Section 503.2.7 Grade of the California Fire Code is hereby amended to read as follows:
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503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus to a maximum of twelve percent (12%), unless mitigating protection measures are applied and approved by the fire code official.
( Ord. No. O-15-19 , § 13, 11-19-2019)
15.16.130. Section 503.4 amended.
Section 503.4 Obstruction of fire apparatus access roads of the California Fire Code is hereby amended to read as follows:
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. Any condition that serves as an impediment to fire access, or any vehicle or other obstruction to fire access may be removed at the order of the Fire Department or other governing agency in cooperation with the Fire Department, with the expense of such removal to be paid by the owner of the roadway, or of said vehicle or obstruction.
( Ord. No. O-15-19 , § 13, 11-19-2019)
15.16.140 Section 504.5 amended.
Section 504.5 SECTION 504.5 Escape Windows is added as follows:
504.5 Escape window access. Where escape windows are required by Section 1031.2, fire department access shall be provided to the escape window. An unobstructed setback area shall be provided. The minimum setback distance shall be calculated ((H/5)+2)+P= Clear space required.
Where:
H = Height of the windowsill measured from the exterior ground surface P = 3’ ladder pad
15.16.145 Section 504.5 .1 Ladder Pad is added as follows:
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504.5.1 Ladder Pad. Where a laddering pad is required, it shall be free of obstructions and vegetation for a minimum of 3-foot x 3-foot area. The laddering pad shall be a firm surface such as compacted decomposed granite, concrete, pavers, or asphalt. The laddering pad shall be placed at a distance from the structure as calculated by Section 504.5.
15.16.150 Section 507.5.1 amended.
Section 507.5.1 Where required of the California Fire Code is amended to read as follows:
507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.
Exception:
1. For Group R-3 and Group U occupancies, the distance requirement shall be 400 feet.
This distance may be further modified by the fire code official for such occupancies when buildings are equipped throughout with an approved fire sprinkler system installed in accordance with Sections 903.3.1.1, 903.3.1.2, or 903.3.1.3.
( Ord. No. O-15-19 , § 13, 11-19-2019)
15.16.160 Section 509.2.1 added.
Section 509.2.1 Access to equipment in multi-unit buildings is hereby added to read as follows:
509.2.1 Access to equipment in multi-unit buildings. When automatic fire sprinkler systems or fire alarm systems are installed in buildings constructed for multiple tenants and these systems protect multiple tenant spaces, the main controls and control appurtenances, such as risers, fire alarm control panels, and valves for such systems, shall be located in an attached or included room or an approved weather resistant enclosure with at least one exterior access door of not less than 3'-0" by 6'-8".
Chapter 6
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Building Services and Systems
Chapter 6 Building Services and Systems is adopted in its entirety without amendments.
Chapter 7
Fire and Smoke Protection
Chapter 7 Fire and Smoke Protection is adopted in its entirety without amendments.
Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety without amendments.
Chapter 9
Fire Protection and Life Safety Systems
Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:
15.16.190 Section 903.2 amended as follows.
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section as follows:
b) New buildings: In addition to the requirements of section 903.2.1 through 903.2.21, approved automatic sprinkler systems in new buildings and structures shall be provided.
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Exception:
1. Group R-3, occupancies shall comply with sections 903.2.8
2. When approved by the fire code official.
c) Alteration: When the floor area of the alteration within any two-year period exceeds 50% of area of the existing structure. d) Addition: Sprinkler protection shall be provided throughout the entire building when:
1. Existing buildings: Where 33% or more is added and the gross floor areas exceeds 5,000 ft2.
2. Existing building equal or greater than 5,000 ft2: where more than 2,000 ft2 is added.
15.16.195. Section 903.2.8 amended as follows.
903.2.8. Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
a) New buildings: An automatic sprinkler system shall be installed throughout all new buildings.
b) Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
1. When an addition is 33% or more of the existing building area, as defined in Section 502.1, or greater than 1000 square feet (92.903 m2 ) within a two-year period; or
2. An addition when the existing building is already provided with automatic sprinklers; or
3. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building/Fire Code Official determined that the complexity of installing a sprinkler system would be similar as in a new building.
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15.16.370 Section 903.3.5.3 added.
Section 903.3.5.3 hydraulically calculated systems are hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity
Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3
15.16.380. Section 903.4 amended.
Section 903.4 of the California Fire Code is hereby amended to read as follows:
Section 903.4, Sprinkler system supervision and alarms, is hereby amended by modifying item 1, deleting item 5, and renumbering the Exceptions as follows:
7. Automatic sprinkler systems protecting one- and two-family dwellings.
8. Limited area systems serving fewer than 20 sprinklers.
9. Automatic sprinkler systems installed in accordance with NFPA 13R where the common supply main is used to supply both the domestic and automatic sprinkler system, and a separate shutoff valve for automatic sprinkler system is not provided.
10. Jockey pump control valves that are sealed or locked in the open position.
11. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.
12. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position.
15.16.382. Section 905.4 amended.
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Section 905.4 Location of Class I standpipe hose connections is hereby amended by adding items 7 as follows:
905.4 Location of Class I standpipe hose connections are hereby revised to include number 7 as follows:
7. The centerline of the 2.5-inch (63.5 mm) outlet shall be no less than 18 inches (457.2 mm) and no more than 24 inches above the finished floor.
15.16.383 Section 912.2 Location of the Fire Department Connection (FDC) is hereby revised as follows:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connection shall be located within 100 feet of a public fire hydrant. The fire hydrant that supports the FDC shall be on the same side of the street.
A vehicle access roadway/approach shall not be placed between the FDC and fire hydrant.
Chapter 10
Means of Egress
Chapter 10 Means of Egress is adopted in its entirety without amendments
Chapter 11
Construction Requirements for Existing Buildings
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Chapter 11 Construction Requirements for Existing Buildings. Adopt only those Sections and Subsections listed below:
1. 11.3.3.3
2. 1103.7
3. 1103.7.3
4. 1103.7.3.1
5. 1103.7.8 – 1103.7.8.2
6. 1103.7.9 – 1103.7.9.10
7. 1103.8 – 1103.8.5.3
8. 1103.9.1
9. 1107
10. 1113
11. 1114
12. 1115
13. 1116
Chapter 12
Energy Systems
Chapter 20
Energy Systems is adopted in its entirety without amendments:
15.16.384 Section 1205.2 Access and Pathways.
Exception 3. Building-Integrated Photovoltaic (BIPV) systems where the BIPV systems are approved, integrated into the finished roof surface and are listed in accordance with a national test standard developed to address Section 690.12(B)(2) of the California Electrical Code. The removal or cutting away of portions of the BIPV system during firefighting operations shall not expose a firefighter to electrical shock hazard and smoke ventilation opportunity areas have been identified.
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Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety without amendments:
Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety without amendments.
Chapter 22
Combustible Dust-Producing Operations
Chapter 22 Combustible Dust-Producing Operations is adopted in its entirety without amendments.
Chapter 23
Motor Fuel-Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety without amendments.
Chapter 24
Flammable Finishes
Chapter 24 Flammable Finishes is adopted in its entirety with the following amendments.
15.16.385. Section 2404.1 amended.
Section 2404.1 General. is hereby amended as follows:
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Section 2404.1 General. The application of flammable or combustible liquids by mean of spray apparatus in continuous or intermittent processes shall be in accordance with the requirements of Sections 2403 and 2404.2 through 2404.9.4 and Colton Fire Department Spray Booth Guidelines.
Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is adopted in its entirety without amendments.
Chapter 26
Fumigation and Thermal Insecticidal Fogging
Chapter 26 Fumigation and Thermal Insecticidal Fogging is adopted in its entirety without amendments.
Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety without amendments
Chapter 28
Lumber Yards and Agro-Industrial, solid Biomass and Woodworking Facilities
Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass, and Woodworking Facilities is adopted in its entirety with the following amendments:
15.16.390. Section 2810.6 amended.
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Section 2810.6 of the California Fire Code is hereby amended to read as follows:
2810.6 Clearance to property line. Stacks of pallets shall not be stored within 26 feet of property lines.
15.16.400. Section 2810.7 amended.
Section 2810.7 of the California Fire Code is hereby amended to read as follows:
2810.7 Clearance to important buildings. Stacks of pallets shall not be stored within 26 feet of any important building, as determined by the fire code official, on site.
15.16.410. Section 2810.8 amended.
Section 2810.8 of the California Fire Code is hereby amended to read as follows:
2810.8 Height. Stacks of pallets shall not exceed 16 feet in height.
15.16.420. Section 2810.8.1 added.
Section 2810.8.1 of the California Fire Code is hereby added to read as follows:
2810.8.1 Width, length, and pile separation. Stacks of pallets shall not exceed
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20 feet in width, 25 feet in length, and pallet stacks shall be separated by a minimum width of 20 feet.
15.16.421 Chapter 28 amended.
Chapter 28 of the California Fire Code is hereby amended by adding the following:
2811 Pallet Storage Yards
2811.1 Storage location. Pallets shall be stored outside or in a separate building designed for pallet storage unless stored indoors in accordance with Section 2810.3.
2811.2 Outdoor storage. Pallets stored outside shall be stored in accordance with the following:
1. Stored in an orderly manner not to exceed 16 feet in height, 20 feet in width and 25 feet in length;
2. Pile separation shall be a minimum of 20 feet and no closer than 26 feet to property lines or exposures.
Chapter 29
Manufacture of Organic Coatings
Chapter 29 Manufacture of Organic Coatings is adopted in its entirety without amendments.
Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety without amendments.
Chapter 31
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Tents, Temporary Special Event Structures and Other Membrane Structures Chapter 31 Tents, Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety without amendments.
Chapter 32
High-Piled Combustible Storage
Chapter 32 High-Piled Combustible Storage is adopted in its entirety with the following amendment.
15.16.425. Section 3201.1 amended with the addition of #7.
Section 3201.1 Scope is hereby revised by adding Section “(7)” as follows:
(7) High-piled combustible storage shall be in accordance with Colton Fire
Department High-Piled Combustible Storage Guidelines.
Chapter 33
Fire Safety During Construction and Demolition
Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety without amendments.
Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety without amendments.
Chapter 35
Welding and Other Hot Work
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Chapter 35 Welding and Other Hot Work is adopted in its entirety without amendments.
Chapter 36
Marinas
Chapter 36 Marinas is not adopted.
Chapter 37
Combustible Fibers
Chapter 37 Combustion Fibers is adopted in its entirety without amendments:
Chapter 39
Processing and Extraction Facilities
Chapter 39 Processing and Extraction Facilities is adopted in its entirety without amendments:
Chapter 40
Storage of Distilled Spirits and Wines
Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety without amendments:
Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations
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Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety without amendments.
Chapter 49
Requirements for Wildland-Urban Interface Fire Areas
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendments:
15.16.430. Section 4906.2 amended.
Section 4906.2 Requirements. is hereby revised by as follows:
4906.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with Sections 4906.3 through 4906.5.3 and City of Colton Vegetation Management Guidelines.
15.16.435 Section 4906.4.2.1 Non-fire-resistant vegetation. is hereby revised by as follows:
4906.4.2.1 Non-fire-resistant vegetation. New trees not classified as fire- resistant vegetation, such as conifers, palms, pepper trees and eucalyptus species, shall not be permitted within fuel modification zones.
15.16.440. Section 4911 added.
Section 4911 Fuel Modification Requirements for New Construction is hereby added as follows:
4911 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in hazardous fire areas shall comply with the following:
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1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map.
2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.
2.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification for perpetuity.
3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of the City of Colton Vegetation Management Guidelines.
4. The fuel modification plan may be altered if conditions change.
Any alterations to the fuel modification areas shall have prior approval from the fire code official.
5. City of Colton Vegetation Management Guidelines.
6. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.
Chapter 50
Hazardous Materials – General Provisions
Chapter 50 Hazardous Materials – General Provisions is adopted in it’s entirety with the following amendments.
15.16.450. Section 5001.5.2 amended.
Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby amended by modifying the starting paragraph as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Colton Fire Department Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification
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Packet shall include the following information and formatted as specified in the Colton Fire Department Chemical Classification Packet:
1. Product Name
2. Component
3. Chemical Abstract Service (CAS) number
4. Location where stored or used.
5. Container size
6. Hazard classification
7. Amount in storage
8. Amount in use-closed systems
9. Amount in use-open systems.
Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety without amendments.
Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety without amendments.
Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety without amendments.
Chapter 55
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Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety without amendments.
Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks California Fire Code Chapter 56 is adopted in its entirety with the following amendments:
15.16.460. Section 5601.3.6 added.
Section 5601.3.6 Seizure of Fireworks is hereby added as follows:
5601.3.6 Seizure of Fireworks. The fire code official shall have the authority to seize, take, remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 CCR, Chapter 6.
Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law.
15.16.470. Section 5608.2 added.
Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks displays shall be electrically fired.
15.16.480 Section 5614 added.
Section 5614 Explosives and blasting is hereby added as follows:
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5614 Explosives and blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within wildland-urban interface areas or hazardous fire areas except by permit from the fire code official. The storage of explosives and blasting agents is prohibited in residential areas, principal business districts, closely-built commercial areas and heavily-populated areas, except as permitted by local City or County ordinances with the Approval of the Fire Department.
Chapter 57
Flammable and Combustible Liquids
Chapter 57 Flammable and Combustible Liquids is adopted in its entirety with the following amendments.
15.16.490 Section 5704.2.3.2 amended.
Section 5704.2.3.2 Label or placard is hereby amended by modifying the NFPA standard as follows:
5704.2.3.2 Label or placard. Tanks more than 100 gallons (379 L) in capacity, which are permanently installed or mounted and used for the storage of Class I, II or III liquids, shall bear a label and placard identifying the material therein. Placards shall be 3” red letters on white background and made of durable materiel.
15.16.500 Section 5707 On Demand Mobile Fueling Operations hereby amended as follows
Sections 5707.1 General. On-demand mobile fueling operations that dispense Class I, II and III liquids into the fuel tanks of motor vehicles shall be prohibited.
Sections 5707.2 through 5707.6 is hereby deleted without replacement.
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Chapter 58 Flammable Gases and Flammable Cryogenic Fluids Chapter 58 Flammable Gases and Flammable Cryogenic Fluids is adopted in its entirety without amendments.
Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety without amendments.
Chapter 60
Highly Toxic and Toxic Materials
Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety without amendments.
Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety without amendments.
Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety without amendments.
Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Chapter 63 Oxidizers, Oxidizing Gases, and Oxidant Cryogenic Fluids is adopted in its entirety without amendments.
Chapter 64
Pyrophoric Materials
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Chapter 64 Pyrophoric Materials is adopted in its entirety without amendments.
Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety without amendments.
Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety without amendments.
Chapter 67
Water-Reactive Solids and Liquids
Chapter 67 Water-Reactive Solids and Liquids is adopted in its entirety without amendments.
Chapter 80
Referenced Standards
Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:
15.16.510 NFPA 13, 2022 Edition, Section 6.7.3 amended.
NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
Section 16.12..3.3 is hereby revised as follows:
13.12.3.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2 ½” inlets. The location
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shall be approved and be no more than 100 feet from a public hydrant.
The FDC may be located within 100 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 ½” inlets shall be provided.
Section 9.4.3.1 is hereby revised as follows:
9.4.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers (6) Standard-response sprinklers used where individual standard- response sprinklers are replaced in existing light hazard systems ( Ord. No. O-15-19 , § 13, 11-19-2019)
Section 9.2.1.7 is hereby revised as follows:
9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.
Section 19.1.1.1 is hereby added as follows
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19.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure
21.4.1.2.2.1 (d) curve "D". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted.
Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.
Section 11.2.3.1.1.1 is hereby added as follows:
11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available;
3) Utilize the City of Colton water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.
Section 16.9.10.2 is hereby deleted without replacement.
Section 16.9.10.3 is hereby deleted without replacement.
Section 16.9.10.4 is hereby deleted without replacement.
15.16.550 NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:
Section 5.1.3 is hereby added as follows:
iii. Stock of Spare Sprinklers
Section 5.1.3.1 is hereby added as follows:
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5.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.
Section 5.1.3.2 is hereby added as follows:
5.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property.
Section 5.1.3.3 is hereby added as follows:
5.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 oF (38oC).
Section 5.1.3.4 is hereby added as follows:
5.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.
Section 7.1.2 is hereby revised as follows:
7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.
c, Installation of Standpipe and Hose Systems is hereby amended as follows:
Section 7.3.1.1 is hereby deleted in its entirety and replaced as follows:
7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.
15.16.570 NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:
Section 6.2.9* (3) and (5) is hereby deleted without replacement and (6) and (7) renumbered as follows:
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(5) Control Valves installed in a fire-rated room accessible from the exterior. (6) Control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction.
Section 6.2.9* (2) is hereby revised as follows:
(2) When approved by the fire code official, a wall post indicating valve.
Section 6.3.3 is hereby added as follows:
Section 6.3.3 All post indicator valves controlling fire suppression water supplies shall be painted OSHA red.
Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8-mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use.
Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings
Section 10.3.7 Bolts is hereby added as follows:
10.3.7 Bolts. All bolts used in pipe-joint assembly shall be 316 stainless steel.
Section 10.4.1.1 is hereby revised as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material, prior to poly- tube, and after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
Section 10.4.3.1 is hereby deleted and replaced as follows:
10.4.3.1 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.
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Section 10.4.3.1.1 is hereby revised as follows:
10.4.3.1.1 Pipe joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints.
15.16.580. NFPA 13D, 2016 Edition, Section 4.1.3.3 added.
Section 4.1.3.3 is hereby added as follows:
Section 4.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100o F (38o C).
15.16.590. NFPA 13D, 2016 Edition, Section 4.1.3.4 added.
Section 4.1.3.4 is hereby added as follows:
4.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.
15.16.600. NFPA 13D, 2016 Edition, Section 47.1.2 amended.
Section 7.1.2 is hereby revised as follows:
7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary or remote station alarm service.
NFPA 14, 2016 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:
15.16.610. NFPA 14, 2016 Edition, Section 7.3.1.1 amended.
Section 7.3.1.1 is hereby deleted in its entirety and replaced as follows:
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Section 7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.
NFPA 24, 2022 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:
15.16.620. NFPA 24, 2016 Edition, Section 6.1.1.4 amended.
Section 6.1.1.4* (3) is hereby deleted without replacement, (6), and (7) renumbered as follows:
(5) Control Valves installed in a fire-rated room accessible from the exterior.
(6) Control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction.
15.16.630. NFPA 24, 2016 Edition, Section 6.3.3 added.
Section 6.3.3 is hereby added as follows:
Section 6.3.3 All post indicator valves controlling fire suppression water supplies shall be painted OSHA red.
15.16.640. NFPA 24, 2016 Edition, Section 10.1.5 added.
Section 10.1.5 is hereby added as follows:
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Section 10.1.5 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8-mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings
15.16.650. NFPA 24, 2016 Edition, Section 10.4.1.1 amended.
Section 10.4.1.1 is hereby revised as follows:
Section 10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material, prior to poly-tube, and after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
15.16.660. NFPA 24, 2016 Edition, Section 10.3.6.1 added.
Section 10.3.6.1 is hereby added as follows:
Section 10.3.6.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.
15.16.670. NFPA 24, 2016 Edition, Section 10.6.3.1 amended.
Section 10.6.3.1 is hereby deleted and replaced as follows:
10.6.3.1. Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be
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304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.
Appendices
15.16.690
Appendix A is deleted in its entirety.
Appendix B is adopted in its entirety with the following amendments.
15.16.690. Appendix B, Table B105.1 (1) amended.
Table B105.1 (1) is hereby revised as follows:
TABLE B105.1 (1)
REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS,
GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
CALCULATION AREA
(square feet) Automatic SPRINKLER SYSTEM (Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute) FLOW DURATION (hours)
0-3,600 No automatic sprinkler system 1,000 1
3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate 0-3,600 Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code 750 3/4
3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code ½ value in Table B105.1(2) but not less than 1500 1
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m
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15.16.700. Appendix B, Table B105.2 amended.
Table B105.2 is hereby revised as follows:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND
TOWNHOUSES
AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE- FLOW (gallons per minute) FLOW DURATION (hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 or Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2) but not less than 1500 Duration in Table B105.1(2) For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m Appendix BB is adopted in its entirety without amendments:
Appendix C is adopted in its entirety without amendments:
Section C103.1 is hereby revised as follows:
C103.1 Hydrant Spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall not exceed 300 feet, measured along the fire department access route. In locations where it is impractical to place a fire hydrant 40 feet from the protected structure the hydrant spacing shall be reduced to 150 feet.
Section C103.2 Average Spacing is hereby deleted without replacement.
Section C103.3 Maximum Spacing is hereby deleted without replacement.
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Appendix CC is adopted in its entirety without amendments:
SECTION 14: Chapter 15.49.140 is hereby amended in Title 15 of the Colton Municipal Code to read as follows:
“15.49.140 Violations; penalty.
Any violations of this chapter shall be deemed a misdemeanor and shall be punished as provided in Section 15.04.010 of this code.”
SECTION 15: Severability. The City Council hereby declares that should any provision, section, paragraph, sentence or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect.
SECTION 16: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The San Bernardino County Sun, a newspaper of general circulation published in the City of San Bernardino.
PASSED, APPROVED AND ADOPTED on this 1ST day of December 2022.
___________________________________
FRANK J. NAVARRO
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Mayor
ATTEST:
__________________________________
CAROLINA R. PADILLA
City Clerk
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CALIFORNIA BUILDING CODE
LOCAL AMENDMENT FINDINGS
I. Climatic Conditions
A. City of Colton is located in a semi -arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 90 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the City. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.
B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the City of Colton Emergency Services ability to respond to a fire or emergency condition. Floods can also disrupt utility services to buildings and facilities within the City.
C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable.
This necessitates the need for additional and on-site fire protection features.
D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high -density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire prot ection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.
II. Topographical conditions
A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Colton. The elevation change caused by the hills creates the geological foundation on whic h homes within Colton are built and will continue to be built.
B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Colton.
C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on -site fire - extinguishing systems and other protection measures to protect occupants and property.
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III. Geological Conditions
Colton is a populated area that ha s buildings constructed near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes.
A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression a ctivities because it is likely to create obstacles similar to those indicated under the high wind section above.
The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on -site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport -Inglewood Fault Zone, page 59), “unfortunately, barel y meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”
B. Road circulation features located throughout Colton also make amendments reasonably necessary.
Located through the city are major roadways, highways, railways, river, and flood control channels that create barriers and have the ability to slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and at times may make an emergency access route impassable.
Due to the topographical conditions of sprawling development separated by flood control ditch’s and narrow and congested streets and the expected infrastructure damage inherent in seismic zone s described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to m atch the current resources of firefighting equipment and personnel within Colton.
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BUILDING & SAFETY
659 N. LA CADENA DR.
COLTON, CA 92324
909-370-5079 – P
[email protected]
Rev. 10/102022
INFORMATION BULLETIN
2022 CALIFORNIA BUILDING CODES
EFFECTIVE JANUARY 01, 2023
www.Coltonca.gov Page 1-3
Why do the codes change?
In compliance with State law, the California Building Standards C ode is revised and updated every three (3) years. The newest edition of the California Building Standards C ode is the 2022 edition with an effective date of January 1, 2023. The City of Colton is required by State law to enforce the new Code.
What is the California Building Standards Code?
The California Building Standards Code (CBSC) is maintained by the California Building Standards Commission (www.bsc.ca.gov) and contains the codes and laws that regulate the construction of all buildings and structures in the State of California. The CBSC is Title 24 of the California Code of Regulations (CCR) and consists of twelve parts: Six (6) parts are authored by the State of California and six (6) parts are based on model codes that are authored by various model code writing bodies.
When is the new 2022 California Building Standards Code effective?
The new 2022 California Building Standards Code will become effective January 1, 2023. All Over-the-Counter permits issued after January 1, 2023 must comply with the new 2022 California Building Standards Code. (Over-the-Counter permits are those types of permits that do no t require submittal to the Building & Safety plan check process.) All projects submitted for plan check to Building & Safety after January 1, 2023 must comply with the new 2022 California Building Standards Code.
Can specific sections and/or parts from both the old code and the new code be used in the design and construction of a building or structure? No… A construction project must comply with the code that is applicable to the project. Sections and/or parts from different editions of the codes cannot be used.
Will my construction project be affected by the new 2022 California Building Standards Code?
Yes & No… It depends upon the type of project (Over -the-Counter or submitted for plan check to
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the Department of Building & Safety) and the date of permit issuance or application for plan check. (See the other questions throughout this handout for additional information.)
If a project is submitted for plan check to the Department of Building & Safety prior to January 1, 2023, what codes are applicable to the project? The codes applicable to the project will be the 2016 California Building Standards C ode (2016 California Building Code, 2016 California Residential Code, 2016 California Electrical Code , 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Fire Code, etc.).
Can a project that is submitted for plan check to the Department of Building & Safety prior to January 1, 2023 be reviewed for compliance with the new 2022 California Building Standards Code?
Building & Safety will consider requests to voluntarily utilize the new 2022 California Building Standards Code in lieu of the 2016 California Building Standards Code on a case-by-case basis for projects submitted for plan check before January 1, 2023.
My application to the Planning Division (Design Review, Administrative Site Plan, Conditional Use Permit, etc. ) has been determined to be complete and/or approved prior to January 1, 2023. What codes are applicable to my project? The submittal/approval dates to/from any other City Department/ Division have no bearing on which edition of the California Building Standards Code is applicable to a project. The edition of California Building Standards Code a project must comply with is solely determined by the date of submittal to Building & Safety for plan check.
If my project is submitted to the Building & Safety plan check process prior to January 1, 2023, when will my plan check expire?
Applications for plan check for which a permit is not issued within 180 day s following the date of initial submission shall expire by limitation and become null and void. If the expiration date is after January 1, 2023, a time extension cannot be granted since the new 2022 California Building Standards Code will have become effective.
If my permit was issued under the “old” 2016 California Building Standards Code, when will it expire?
Permits expire by limitation and become null and void, if the building or work authorized by the permit is not commenced within:
180 days from the date of issuance; or
If the building or work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 180 days; or
As specified in Colton Municipal Code Section 15.06.020
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If a permit issued under the “old” 2019 California Building Standards Code expires, a time extension cannot be granted, and a new permit will need to be obtained to complete the building or work. Before a new permit can be issued the plans must be updated to comply with the new 2022 California Building Standards Code, and submitted for plan check and approved by Building & Safety.
If my project was permitted under the “old” 2019 California Building Standards Code and I need to revise my approved plans, which edition of th e codes will be applicable?
The answer to this question is: It depends on the type of revisions being made. A simple minor clarification will n ot trigger the need to revise the plans to comply with the new 2022 California Building Standards Code. A maj or change and/or addition to a project will need to comply with the new 2022 California Building Standards Code. Each specific case will need to be reviewed by Building & Safety Building Official to determine which edition of the California Building Stand ards Code the revisions must comply with.
How can I find out what the changes are from the old code to the new code? By studying the new codes ; by studying the various handbooks, training manuals, code change analyses available; and attending classes an d training seminars on the new codes offered by various professional organizations: www.iccsafe.org, www.iapmo.org; www.CALBO.org, www.icbolabc.org.
Where can I find and/or purchase the new 2022 California Building Codes? The new 2022 CBSC is currently available for purchase from technical book stores or directly from the International Code Council, at www.iccsafe.org.
14. Q: Where can I view the new 2022 California Building Codes? The new 2022 CBC are currently available for viewing on the Building Standards Commission’s website. https://www.dgs.ca.gov/BSC
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ITEM NO. 3
STAFF REPORT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST
READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COLTON, CALIFORNIA, AMENDING CHAPTER 2.30 OF
TITLE 2 (ADMINISTRATION AND PERSONNEL) TO ADJUST
LOCAL RULES FOR APPOINTMENT TO AND SERVICE ON CITY
APPOINTIVE BOARDS, COMMISSIONS AND COMMITTEES, IN
ORDER TO CONFORM TO THE NEW CITY COUNCIL FORMAT
ENACTED BY 2018 MEASURE “R” AND MAKING OTHER
TECHNICAL AMENDMENTS, ORDINANCE NO. O-17-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
That the City Council introduce by title only and waive further reading of the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING CHAPTER 2.30 OF TITLE 2 (ADMINISTRATION AND PERSONNEL) TO
ADJUST LOCAL RULES FOR APPOINTMENT TO AND SERVICE ON CITY
APPOINTIVE BOARDS, COMMISSIONS AND COMMITTEES, IN ORDER TO CONFORM TO THE NEW CITY COUNCIL FORMAT ENACTED BY 2018 MEASURE “R” AND
MAKING OTHER TECHNICAL AMENDMENTS
BACKGROUND
As of this City Council meeting, the Colton City Council currently consists of six (6) members who are elected by-districts with an at-large elected Mayor. However, at the November 6, 2018 General Municipal Election, Colton voters approved Measure “R”, an amendment to Chapter 3 Packet Pg. 109
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2.02 of the Municipal Code to reduce the number of City Councilmembers fro m six (6) to four (4) elected by-districts while retaining an at-large elected Mayor.
The changes to the City Council enacted by Measure “R” will go into effect after the results of the upcoming November 8, 2022 General Municipal Election are certified and five new Councilmembers are sworn -in. This will likely occur at one of the December, 2022 Council meetings.
Chapter 2.30 and related provisions of the Colton Municipal Code set forth the process and procedures by which the City Council may appoint qualified individuals to serve on the City of Colton’s Planning Commission, Utilities Commission and other City appointive boards, commissions and committees. However, these rules assume a City Council composed of six by - district members with an at -large Mayor. The attached ordinance amends these rules to account for a City Council that will be composed of four by -district members with an at-large Mayor per Measure “R”. Other technical amendments are also suggested, as outlined below, in order to clarify or update policy.
ISSUES/ANALYSIS
The attached ordinance makes the following changes to the City’s rules for appointing, removing and regulating the City’s appointive commissions and committees:
• Clarifies that these rules apply to all appointi ve City boards, commissions and committees, unless otherwise provided by applicable law . The current language doesn’t always clearly apply to City boards;
• Changes all references to City Council districts from six to four to reflect the corresponding reduction in the number of by -district Council seats , per Measure R;
• Changes the number of appointive Board/Commission/Committee members from seven to five, to reflect the corresponding reduction in the size of the City Council from seven to five total members, per Measure R;
• Retains the rule that the Mayor and each individual Councilmember may nominate a qualified person for each of the City’s appointive Boards/Commissions/Committees (a “one -to-one” nomination), and clarifies that the final appointment decision is by majority vote of the Council;
• Extends the deadline from 30 to 60 days for a newly -sworn Councilmember to make a nomination. Given that new Councilmembers are typically sworn in on the heels of the Holiday Season, this will allow more ti me in the new year to make that nomination. This also makes the timing consistent with the 60 -day 3 Packet Pg. 110
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November 1, 2022
deadline to nominate a person to fill a mid -term vacancy on an appointive Board/Commission/Committee. The ordinance retains the rule that if a Councilmember fails to nominate someone by the deadline, any other Councilmember may nominate an individual, subject to final appointment by a majority of the Council . The ordinance also retains the 30 -day deadline for the Council to appoint a nominated person to the respective Board/Commission/Committee;
• Clarifies that appointed Board/Commission/Committee members serve concurrently (but not necessarily coterminous) with the nominating Councilmember’s term and that such members will continue to serve until their successors are appointed;
• Includes a transitional rule providing that all City Boards, Commissions and Committees will continue to operate with seven members until such time after the November 8, 2022 Regular Municipal Election when the City Council appoin ts five-member Boards, Commissions and Committees to replace them;
• Clarifies that appointive Board/Commission/Committee members serve at the pleasure of the nominating Mayor/Councilmember and further provides that appointive Commission/Committee member s may be removed either by the nominating Mayor/Councilmember or by majority vote of the City Council. The current Code authorizes removal only by the nominating Councilmember;
Staff requests the City Council to consider the amendments set forth in t his Ordinance. If the City Council introduces the Ordinance this evening, it will be brought back to the Council at its November 15 meeting for adoption. The ordinance would then become effective 30 days later and be in place when the newly elected Coun cil will be considering Board/Commission/Committee nominations and appointments.
FISCAL IMPACTS
There may be s ome negligible reductions in costs to the City due to reduced size of City appointive Boards, Commissions and Committees.
ALTERNATIVES
City Council may provide alternative direction to staff.
ATTACHMENT
1. COLTON - Ordinance O-17-22 Amending Rules for Appointive Commissions and Committees to Adjust to Reduced Size of City Council per 2018 Measure R - 6 to 4 Membe- c1-bs1
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23152.06040\40796758.1
1 ORDINANCE NO. O-17-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, AMENDING CHAPTER 2.30 OF TITLE
2 (ADMINISTRATION AND PERSONNEL ) TO ADJUST LOCAL
RULES FOR APPOINTMENT TO AND SERVICE ON CITY
APPOINTIVE BOARDS, COMMISSIONS AND COMMITTEES, IN
ORDER TO CONFORM TO THE NEW CITY COUNCIL FORMAT
ENACTED BY 2018 MEASURE “R” AND MAKING OTHER
TECHNICAL AMENDMENTS.
WHEREAS, pursuant to Colton Municipal Code Chapter 2.0 2, the Colton City Council currently consists of six (6) members who are elected by-districts with an at-large elected Mayor; and
WHEREAS, pursuant to the requirements of California Government Code section 34871, at the November 6, 2018 General Municipal Election, Colton voters approved Measure “R”, an amendment to Chapter 2.02 of the Municipal Code to reduce the number of City Councilmembers from six (6) to four (4) while retaining an at-large elected Mayor; and
WHEREAS, the changes to the City Council enacted by Measure “R” will go into effect following the November 8, 2022 General Municipal Election; and WHEREAS, Chapter 2.30 and related provisions of the Colton Municipal Code set forth the process and procedures by which the City Council may appoint qualified individuals to serve on the City of Colton’s Planning Commission, Utilities Commission and other City appointive boards, commissions and committees; and WHEREAS, the City Council finds that the amendments contained herein are necessary and appropriate to adjust the local rules for appointive boards, commissions and committees to account for the upcoming changes to the City Council en acted by Measure “R”; and
WHEREAS, the City Council desires to make certain other technical amendments to the local rules for appointive boards, commissions and committees in order to clarify the process.
THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.30 of Title 2 (Administration and Personnel) of the Colton Municipal Code is hereby amended to read as follows:
“Chapter 2.30 – APPOINTMENT OF MEMBERS OF CITY BOARDS,
COMMISSIONS AND COMMITTEES BY COUNCILMANIC DISTRICT.
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2 2.30.010 - Purposes and applicability.
The purposes of this chapter are to establish a fair and equitable method for the appointment of individuals to the various boards, Committees and Commissions within the City and to assure District representation on those boards, Committees and Commissions to the greatest extent possible in accord ance with the six four City Council electoral Districts that have been established by an Ordinance enacted by the people of the City while at the same time assuring that qualified and interested Residents are appointed to serve on such boards, Committees and Commissions. This chapter Shall not apply to any board, Committee or Commission which is established in accordance with applicable Federal, or State or local Law that establishes different requirements as to the number, compositions, or qualifications of the members of boards, Committees or Commissions within the City, nor Shall it apply to the library board of Trustees which are is governed by provisions of the California Education Code, Section 18910 et seq., relevant California case Law, and the provisions of Chapter 2.60 of the Colton Municipal Code.
2.30.020 – Composition of Boards, Commissions and Committees.
Except as otherwise provided by this code, Aall boards, Commissions and Committees of the City Shall be comprised of seven five members appointed nominated on the recommendation of each Councilmember and the Mayor, and ratified appointed by a majority vote of the City Council.
Notwithstanding the process for appointment of boards, Commissions and Committees contained in this section and the manner of appointment contained in section 2.30.030, the process for appointments to indep endent citizens oversight committees shall be at the discretion of the City Council or as described in a ballot measure approved by the voters.
2.30.030 - Manner of appointment.
It Shall be the responsibility of each member of the City Council to nominate one individual to serve on each of the various City boards, Commissions and Committees within the City with appointment subject to ratification by a majority vote of the City Council. In the event that a member of the City Council Shall fail to make any nomination within thirty sixty Days of the date of his or her being sworn into office or within sixty Days of the occurrence of a Vacancy, any other member of the City Council wishing to nominate a Person to that position May do so on that Councilmember’s behalf and, except as provided herein, for that Council member’s District, with appointment subject to ratification by majority vote of the City Council. The City Clerk Shall post and publish a Notice to all interested Persons indicating open or Vacant board, Commission and Committee positions not earlier than twenty days before or not later than twenty days after the vacancy occurs. The City Council shall not make a Ffinal vacancy appointment to a board, Commission or Committee shall not be made for until at least ten working days after the posting of the notice of the vacancy in the City Clerk's office.
Notwithstanding this section, the City Council may, if it finds that an emergency exists, fill an unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve
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3 only on an acting basis until the final appointment is made pursuant to this section. No individual Shall serve on more than one board, Commission or Committee. Although each member of the City Council elected by a District Shall Use his or her best efforts to nominate appoint individuals residing in that District to boards, Commissions and Committees, such members of the City Council May nominate and the City Council may, in their discretion, appoint individuals not residing in the ir such members’ respective Districts in their discretion in order to assure that the most interested and qualified individuals serve on the various boards, Committees and Commis sions within the City.
Individuals nominated by the Mayor to serve on a board, Commission or Committee Shall represent the City at large on that board, Commission or Committee, and May reside anywhere in the City.
2.30.040 – Terms of office for Board, Commissioner and Committee Members.
All persons appointed to a City board, Commission or Committee shall serve a term that is concurrent and coterminous with the electoral term of the City Councilmember or Mayor who appoints nominates such individual to the board, Commission or Committee (or the electoral term of a Councilmember on whose behalf another Councilmember makes such nomination pursuant to Section 2.30.030). As more specifically provided in section
2.30.075, following a regular City Council election, board members, Commissioners and Committee members shall continue to serve on their respective boards, Commissions and Committees until their successors have been appointed by the City Council.
2.30.050 – [Reserved]
2.30.060 – Qualifications and eligibility for appointment to Board, Commission or Committee.
A. Except as otherwise specified in this code, any Resident of the City may be appointed to serve on any board, Commission or Committee, but no individual may serve concurrently on more than one City board, Commission or Committee.
B. No former elected official of the City is eligible for appointment to any board, Commission or Committee for two years following the expiration of the term of his or her elected office.
C. No current employee of the City is eligible for appointment to any board, Commission or Committee. If a current board member, Commissioner or Committee Member shall become employed with the City during his or her term, the board member, Commissioner or Committee Member shall be deemed to have vacated his or her office.
D. No person related to a member of the current City Council is eligible for appointment to any board, Commission or Committee. If a current board member, Commissioner or Committee Member shall become related to a member of the City Council during his or her term, the board member, Commissioner or Committee Member shall be deemed to have vacated his or her office. The term "related to" includes a spouse, domestic partner, child, sibling, parent, grandparent, grandchild, aunt/uncle, and
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4 niece/nephew. The relationship may be by blood, marriage, adoption, cohabitation, or domestic partnership, including in-law, step-, and half-relationships.
E. A person who is not a resident of the City shall nevertheless be eligible for appointment to any board, Commission or Committee if that person owns a business within the City. Such appointments shall be limited to two members per board, Commission or Committee. The attend ance of board members, Commissioners or Committee members appointed in accordance with this section shall count when determining whether or not a quorum exists.
2.30.065 – Vacancies.
Every member of any board, Commission or Committee within the City Shall be expected to regularly attend and participate in meetings of the body to which he or she is appointed and to report to the staff liaison for that body any absence and the reasons for such absence except for special circumstances. In the event that a mem ber Shall be absent from three consecutive regular meetings or is absent from four regular meetings in any twelve-month period; or upon the resignation of a member of a board or Commission or Committee, a Vacancy Shall be deemed to exist. Vacancies Shall be filled in the same manner as that set forth in Section 2.30.030.
2.30.070 – Service at pleasure of the City Council/Removal.
Notwithstanding the provisions of Section 2.30.050, e Every member of a City board, Commission or Committee Shall serve in that position strictly at the pleasure of the City Council and of the City Councilmember or Mayor having made said appointment nomination. Board, Commission or Committee members may be removed by the nominating Mayor or City Councilmember or by majority vote of the City Council.
2.30.075 – Installation of new members Following City Election.
Following a regular City Council Election, all existing boards, Commissions and Committees, and the officers of those boards, Commissions and Committees, Shall remain in place until new members have been appointed by the City Council. The City Council Shall Act within thirty Days of the date on which new City Council members are sworn into office of nomination to appoint new or continuing members of boards, Commissions and Committees. Such newly appointed members Shall take office at the next regular meeting Following their appointment at which time existing members who have been duly replaced Shall step down. and new or continuing At its next regular meeting, the board, Commission or Committee shall elect, by majority vote, officers Shall be elected to serve at the pleasure of the board, Commission or Committee.
Following the November 8, 2022 regular City Council Election, all existing boards, Commissions and Committees shall remain in place with seven members and may continue to transact those items of business within their jurisdiction, until five new members have been appointed by the newly elected City Council.”
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5 SECTION 2. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 3. Severability. If any section , sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declare s that they would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 4. Certification/Summary. Following the City Clerk’s certification of this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law.
PASSED, APPROVED and ADOPTED this 1st day of November, 2022.
_____________________________
Frank Navarro, Mayor
ATTEST:
___________________________________
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:
______________________
Carlos Campos, City Attorney
Best Best & Krieger
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ITEM NO. 4
STAFF REPORT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON OCTOBER 18, 2022.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting held on October 18, 2022.
BACKGROUND
Minutes for the City Council Regular Meeting held on October 18, 2022.
FISCAL IMPACTS
None
ATTACHMENT
1. 10-18-2022 FINAL MinRegCouMtng
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2022 OCTOBER18 CC/CUA/CPFA/CHA MEETING 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
October 18 2022
Regular Meeting held on the above -given date at 6:0 0 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Peter Tasaka- the Vineyard Church
FLAG SALUTE: Fire Marshall Ray Bruno (Veteran)
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
Ernest R. Cisneros Carolina R. Padilla, City Clerk Kenneth J. Koperski, Mayor Pro Tem
Dr. Luis S. González
John R. Echevarria
Isaac T. Suchil
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Government Finance Officers Association (GFOA) Award - Excellence in Financial Reporting Director Stacey Dabbs presented to Mayor Navarro and Council a Certificate of Achievement for Excellence in Financial Reporting to the City of Colton Cal ifornia for its Annual Comprehensive Financial Report for the Fiscal Year Ending June 30, 2021; The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.
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MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF OCTOBER 18 2022.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief r eports on meetings attended at the expense of the City. (GC Section 53232.3(d).
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CM González on October 5, 2022 attended the State of the County Event held in Ontario, CA.
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PUBLIC COMMENT
The following community members addressed the Council : Bobbie Forbes; Pam Lemos; Verna Saluen; Gary Grossich; and Rich Randolph
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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 1 through 7.
Motion and Second by CM González/MPT Koperski to approve consent calendar Item 1 through 7.
Vote: Unanimous.
(1) Minutes - Approval of Minutes for the City Council Regular Meeting held on October 4, 2022.
(2) Warrants - Approve US Bank voucher dated 08/25/2022 and totaling $36,884.07; voucher numbers 201376 to 201444 dated 09/15/2022 and totaling $567,832.44; voucher numbers 201445 to 201597 dated 09/22/2022 and totaling $1,960,517.17; a payroll disbursement listin g dated 08/06/2022 to 08/19/2022 and totaling $934,999.87 and a payroll disbursement listing dated 08/20/2022 to 09/02/2022 and totaling $936,435.57.
(3) Contract Award - Inter-Con Security, Inc. - Award a Professional Services Agreement For Parking Enforcement Services to Inter-Con Security, Inc. for $275,000 Annually.
(4) Contract Award - Various Single Phase Transformers - Approve Award of Contract for Various Single Phase Transformers to Howard Industries, Inc. for $125,660.21, and to One Source for $311,171.23.
(5) Grant - Office of Traffic Safety - Approve and Adopt Resolution No. R -108-22 to Accept a Grant in the Amount of $163,000.00 from the Office of Traffic Safety (OTS) with it's Accompanying MOU and Amend the Fiscal Year 2022-2023 Budget, RESOLUTION NO. R-108-22.
(6) No Parking Restriction - Authorize Parking Restrictions along C St. (north side only) from Pennsylvania Ave. to Terrace Ave., and RV Center Drive (south side only) from Milano Way (Mobile Homes entrance) to 160 feet east, RESOLUTION No. R-107-22.
(7) Second Reading of Ordinance No. O -13-22 - Waive Full Reading and Approve Second Reading of an Ordinance of the City Council of the City of Colton to Amend Section Chapters 18.04 and 18.06 of Title 18 (Zoning) of the Colton Municipal Code Related to Modifying, Adding or Amending Definitions, Permitted Uses, in the General Commercial Downtown Zone And Administration, ORDINANCE NO. O-13-22.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
None
ADJOURNMENT
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At 6:44 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium of Roberto Rojas and Thomas Rojas.
_________________________________
Carolina R. Padilla
City Clerk
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ITEM NO. 5
STAFF REPORT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 201598 TO 201790 DATED 09/29/2022 AND TOTALING $3,320,876.76; VOUCHER NUMBERS
201791 TO 201952 DATED 10/06/2022 AND TOTALING
$2,358,650.04; AND A PAYROLL DISBURSEMENT LISTING DATED 09/03/2022 TO 09/16/2022 AND TOTALING $1,018,741.49.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve voucher numbers 201598 to 201790 dated 09/29/2022 and totaling $3,320,876.76; voucher numbers 201791 to 201952 dated 10/06/2022 and totaling $2,358,650.04; and a payroll disbursement listing dated 09/03/2022 to 09/16/2022 and totaling $1,018,741.49.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
ALTERNATIVES
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Warrants - Accounts Payable
November 1, 2022
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Payroll Registers
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City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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Attachment: Payroll Registers (3737 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (3737 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (3737 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (3737 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (3737 : Warrants - Accounts Payable)
ITEM NO. 6
STAFF REPORT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR JULY 2022.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Receive and File City Treasurer’s Report for July 2022.
ATTACHMENT
1. Treasurer's report July 2022
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Attachment: Treasurer's report July 2022 (3822 : Treasurer's Report)
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Attachment: Treasurer's report July 2022 (3822 : Treasurer's Report)
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Attachment: Treasurer's report July 2022 (3822 : Treasurer's Report)
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Attachment: Treasurer's report July 2022 (3822 : Treasurer's Report)
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Attachment: Treasurer's report July 2022 (3822 : Treasurer's Report)
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Attachment: Treasurer's report July 2022 (3822 : Treasurer's Report)
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Attachment: Treasurer's report July 2022 (3822 : Treasurer's Report)
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Attachment: Treasurer's report July 2022 (3822 : Treasurer's Report)
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Attachment: Treasurer's report July 2022 (3822 : Treasurer's Report)
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Attachment: Treasurer's report July 2022 (3822 : Treasurer's Report)
ITEM NO. 7
STAFF REPORT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVE CONTRACT AMENDMENT BETWEEN THE CITY OF COLTON AND MARKLEY TECHNOLOGIES.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Waive competitive bidding in accordance with Colton Municipal Code Section 3.08.140(E) and authorize the City Manager to execute a $100,000 C ontract Amendment with Markley Technologies, Inc., for general I.T. support and maintenance for a total contract amount of $148,000.
BACKGROUND
The Police Department has been without an I.T. Coordinator since February 2021. The City has made several attempts at filling the position, however the recruitments have not been successful.
The City has struggled to have quality applicants apply, that both meet the police department’s needs, or qualifications and can successfully pass a background check. The Police Department’s Network Technician had adequately maintained the Department’s I.T. infrastructure in the absence of the I.T. Coordinator. However, in September, 2022 the Network Technician resigned his employment with the City. This has left the Police Department with no dedi cated I.T. personnel.
The City operates and maintains two internal information technologies (I.T.) systems; City and Police Department. However, while the systems are bifurcated, they rely on each other to operate properly. The City I.T. encompasses al l city departments, city servers and related equipment, internet, email, billing, software, etc. The Police Department operates its own I.T. systems and servers for the purpose of security and to ensure compliance with local, state and federal 7 Packet Pg. 205
Staff Report to the Mayor and City Council
Agreement - Markley Technologies
November 1, 2022
guidelines and laws, and for specialty programs such as the National Crime Intelligence System (NCIS) and the California Law Enforcement Telecommunications System (CLETS).
Information Technology , in all environments , is rapidly evolving, and government I.T. is no exception. While the City employ’s I.T. personnel, it has limited resources to handle all the foreseeable and unforeseeable developments or issues that may arise. Also, some areas of I.T., such as virtual servers, cyber security, or troubleshooting require a specialized expert; and it would be inconceivable for the City to employ an expert in every area of I.T. In order to keep all City and police department I.T. systems operating it is paramount to utilize an experienced I.T. firm to assist staff with I.T. related support and maintenance.
ISSUES/ANALYSIS
The City and Police Department have used Markley Technologies for “as needed” support for over five (5) years , and Markley Technologies is familiar with both the City and Police Department I.T. systems and its infrastructure. With the number of I.T. support firms in the thousands, including specialists in government, Markley Technologies is regarded as an industry leader. Markley Technologies employ’s a wide range of experts to tackle any issue. While the vast majority of support and maintenance can be done remotely, Markley Technologies is located in Orange County, CA, and if an emergency should arise, they can be on premises within a few hours. Due to the positive working relationship with Markley Technolo gies both the City and Police Department I.T. systems have been maintained at a high operational and secure levels.
Markley Technologies is actively assisting City and Police Department I.T. with several ongoing projects. Such work has been done under Lett er Agreements previously approved by the City Manager under Colton Municipal Code (CMC) 3.08.080(A).
Under the City Manager’s authority, the City has a FY2022 -23 contract with Markley Technologies for $48,000, split evenly between the City I.T. Division a nd the Police Department I.T. To amend the current contract in the amount necessary to provide business continuity while the City seeks to fill the vacancies in the Police Department I.T., requires City Council approval.
Staff is requesting City Council approval to amend the contract with Markley Technologies for $100,000 for a total contract amount not to exceed $148,000 . Although the amount requested would normally trigger the formal bidding process, the City’s purchasing and bidding regulations provide an exception for these types of circumstances. Colton Municipal Code section
3.08.140(E) allows the City Manager to dispense with public bidding for non -public projects when it is in the best interest of the City and its administrative operations. We believe that in this situation, for the reasons explained in this report , proceeding with the proposed contract amendment with Markley Technologies, Inc. would be in the best interest of the City.
FISCAL IMPACTS
Sufficient General Fund salary savings fro m vacant positions in the Police Department is available to fund the contract amendment.
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Staff Report to the Mayor and City Council
Agreement - Markley Technologies
November 1, 2022
ALTERNATIVES
1. Provide alternative direction to staff.
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ITEM NO. 8
STAFF REPORT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVE AMENDED AGREEMENT WITH MOTOROLA SYSTEM SOLUTIONS, INC. FOR SYSTEMS APPLICATION
ADMINISTRATOR MANAGED SERVICES.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve additional services from Motorola Solutions Inc. for System Applications Administrator (SAA) Managed Service for Computer Aided Dispatch (CAD) and Records Management System (RMS) maintenance and support for $31,550; and
2. Authorize the City Manager to execute the agreement.
BACKGROUND
Since 2009, the Police Department operates a Computer Aided Dispatch (CAD) and Rec ords Management System (RMS) software, Spillman Flex, from Motorola Solutions Inc. The system allows Dispatchers and Call Takers to quickly input information from calls via 9 -1-1 phone or text, non-emergency phone lines, or the front counter. That informat ion can then be broadcasted to responding units. During emergencies or other critical incidents, Dispatchers can quickly input necessary data. The CAD system operates with the RMS to allow for the storage and retrieval of critical information, police repor ts, citations and other information. The continued operations of CAD and RMS are critical to the Police Department operations and answering 9 -1-1; as the police department is the 9-1-1 Public Safety Answering Point for both police and fire for calls made in and around the city.
The Police Department’s I.T. personnel have historically been responsible as the Spillman Flex System’s Application Administrator for CAD and RMS first line support. The Police Department 8 Packet Pg. 208
Staff Report to the Mayor and City Council
Purchase - Motorola SAA Managed Services
November 1, 2022
has been without an I.T. Coordinator since February 2021. The City has made several attempts at filling the vacant position, however the recruitments have not been successful. The City has struggled to have quality applicants apply, that both meet the Police D epartment’s needs, or qualifications and can successfully pass a background check. The Police Department’s Network Technician had adequately maintained the CAD and RMS. However, in September 2022, the Network Technician resigned employment with the City , leaving the Police Department with no dedicated I.T. personnel and no support for the critical CAD, RMS, or 9-1-1 call input.
Without dedicated I.T. personnel to manage the CAD and RMS systems, staff explored other options, including outsourcing the management of the systems. Outsourcing the man agement of these systems would allow for continued, critical support and maintenance of these essential systems.
ISSUES/ANALYSIS
Police Department Staff, City Staff, and outside vendors worked together to come up with a recommendation for the lack of CA D/RMS support and to keep operations functional. It was found that Motorola Solutions offers a System Applications Administrator Managed Service as an Ad-On service to existing Motorola contracts.
The System Applications Administrator Managed Service provides 24-hour expert support for all Motorola Spillman Flex and related products and services, including but not limited to CAD, RMS, GIS (related to Flex), State Link and interfaces with DOJ, FBI, NIBRS, CIBRS, and NCIC databases.
Staff believes that ad ding the additional service to the City’s existing Motorola contract is the best short -term solution. A one -year contract will allow for the Staff to evaluate the pros and cons of out -sourcing the maintenance and support for Spillman Flex. When I.T. personnel are hired and on-boarded, a one -year contract would allow time for the new employees to learn the system. However, staff will need to evaluate future needs of CAD/RMS maintenance and support with the capability of I.T. personnel, and the on -going I.T. infrastructure needs of both the Police Department and City. Based on this evaluation, Staff will address any future System Applications Administrator Managed Services through the normal fiscal year budget process.
Although the overall contract amount ($1 34,000 + $32,000 for SAA Managed Services) with Motorola Solutions would normally trigger the formal bidding process, the City’s purchasing and bidding regulations provide an exception for these types of circumstances. Colton Municipal Code section 3.08.1 40(E) allows the City Manager to dispense with public bidding for non - public projects when it is in the best interest of the City and its administrative operations. We believe that in this situation, for the reasons explained above, proceeding with the pr oposed add- on agreement with Motorola Solutions, Inc. would be in the best interest of the City. Therefore, staff recommends the City Council to approve the agreement with Motorola Solutions, Inc. and authorize the City Manager to execute the agreement.
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Staff Report to the Mayor and City Council
Purchase - Motorola SAA Managed Services
November 1, 2022
FISCAL IMPACTS
Sufficient funds for the Motorola SAA Managed Service are included in the adopted FY2022 -23 budget in General Fund Police Department Software, Licensing and Support Account Number 100-6070-6071-2315-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Colton PD, CA (One year of SAA Managed Services)
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Quote and Purchase Addendum
Quoted Date: September 19, 2022 Quote Number: 1378657
Quote Expiration: April 5, 2023 Prepared By: Tally Gochis
Services Include
Project Management and Installation – Motorola Solutions will assign a Flex Project Manager as the agency’s single point of contact. This individual will coordinate Motorola's expert staff as needed to ensure a smooth upgrade transition.
Included in Quote
One year of SAA Managed Services
*Provided by Reliable Administration Solutions
Package Quote
$31,550.00
Payment Terms
Customer agrees to pay all invoices within thirty (30) business days of invoice date
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Attachment: Colton PD, CA (One year of SAA Managed Services) (3812 : Purchase - Motorola SAA Managed Services)
The Customer’s signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Motorola Solutions within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman Technologies. The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein.
Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
Colton Police Department
Customer Name Authorized Signature
Date Print Name and Title
Bill To Address Ship To Address
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Attachment: Colton PD, CA (One year of SAA Managed Services) (3812 : Purchase - Motorola SAA Managed Services)
ITEM NO. 9
STAFF REPORT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION ACCEPTING DONATION
TO IMPROVE BASEBALL FIELD AT MAX LOFY PARK,
RESOLUTION NO. R-106-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve and Adopt Resolution R -106-22 Accepting $10,000 donation to improve the baseball field at Max Lofy Park, and;
2. Amend Budget for FY 2022 -2023 to reflect the additional $10,000 in revenue and expenditures.
BACKGROUND
The City of Colton owns the land, field, facilities, and scoreboard at Max J. Lofy Park where the Ken Hubbs Little League hosts games and practices with City approval. Thus, the City of Colton is responsible for maintenance, upkeep, and renovation of the facility.
ISSUES/ANALYSIS
The electronic scoreboard at Lofy Park has outlived its lifespan and is in need of replacement.
The park is City own ed and maintained, however the scoreboard is exclusively used by Ken Hubbs Little League. As such, it would not be prudent to use City Funds to replace equipment which is not available to general community usage, therefore replacement of the scoreboard has been a low priority. As such, Hubbs Little League representative s sought alternate funding sources.
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Resolution - Scoreboard Replacement - Ken Hubbs Field
November 1, 2022
San Bernardino County Supervisor, Joe Baca Jr. provided the League with a donation of $10,000 to pay for said scoreboard replacement, plus some minor f ield maintenance issues. Given the facility is owned by the City, it is appropriate for the City to handle repairs a nd replacements.
Ken Hubbs Little League has submitted check # 001302 for the amount of $10,000 to the City of Colton. City Staff will wo rk directly with League representat ives to determine the needs of the League for the type of scoreboard and any other repairs needed that can be covered by the donation.
Thus, action and authority is needed by Council to receive and deposit said funds.
FISCAL IMPACTS
In order to account for this funding, Resolution R-106-22 will amend the Fiscal Year 2022 -23 adopted budget to accept the donation and appropriate the funds to make the ca pital improvements to the scoreboard:
Increase General Fund Community Services Donations Revenue Account 100-7847-000 by $10,000
Increase appropriations in General Fund Sports Programs Capital Improvement Account Number 100-6200-6204-4930-0000-000 by $10,000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. R-106-22 Scoreboard Replacement
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RESOLUTION NO. R-106-22
A RESOLUTION OF THE CITY COUNCIL ALLOWING THE RECEIPT OF FUNDS
FROM SUPERVISOR BACA TO THE COMMUNITY SERVICES DEPARTMENT
FOR REPLACEMENT OF THE SCOREBOARD AT KEN HUBBS FIELD
WHEREAS, the City of Colton owns the land, field, facilities, and scoreboard where the Ken Hubbs Little League host its games and practices, adjacent to Max J. Lofty Park. Thus, the City of Colton is responsible for maintenance, upkeep, and renovation.
WHEREAS, the electronic scoreboard that is exclusively used by the Ken Hubbs Little League is old, in disarray, and needs to be replaced. The field and facilities are owned by the City, technically replacement costs should fall on the City of Colton. However, since the City of Colton does not use the aforementioned field, replacement of the scoreboard is of low priority.
WHEREAS, Supervisor Baca has offered to pay for said scoreboard replacement, plus some minor field maintenance issues. Supervisor Baca, not knowing the intricacies of League use and City ownership of the field, gave a check to Ken Hubbs Little League for $10,000.
WHEREAS, Ken Hubbs Little League wrote check number #001302 to the City of Colton, with the understanding that the City of Colton would replace the scoreboard at the aforementioned field.
NOW, THEREFORE, the City Council of the City of Colton does hereby resolve as follows:
Section 1: The staff report accompanying this resolution is found to be true, adopted as findings, and incorporated into this resolution.
Section 2: City approves the Community Services Department to move forward, research, and purchase a scoreboard for Ken Hubbs Field.
Section 3: Amend the Fiscal Year 2022-23 adopted budget to accept the donation and appropriate the funds to make the capital improvements to the scoreboard:
Increase General Fund Community Services Donations Revenue Account 100-7847-000 by $10,000
Increase appropriations in General Fund Sports Programs Capital Improvement Account Number 100-6200-6204-4930-0000-000 by $10,000.
PASSED, APPROVED AND ADOPTED this 1st day of November, 2022.
________________________________________
FRANK J, NAVARRO, Mayor
ATTEST:
CAROLINA R. PADILLA, City Clerk
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Attachment: R-106-22 Scoreboard Replacement (3796 : Resolution - Scoreboard Replacement - Ken Hubbs Field)