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. (GC Section 53232.3(d))
APPOINTMENTS
MAYOR AND COUNCIL DISCUSSION ITEMS
PUBLIC HEARINGS
To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to exte nd 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 IT S 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 “INTERNATIONAL FI RE 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 MEC HANICAL 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 ELECTR ICAL 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 di scussed 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 Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain d iscretion 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 pro vided 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 comment s or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred t o, 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 votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
7 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909-370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the it em 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.