2022 NOVEMBER 01 CC/CUA/CPFA/CHA MEETING 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
CLOSED SESSION MINUTES
November 1, 2022
Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.
CITY COUNCIL ROLL CALL
Councilmembers present were Toro (appeared at 5:29 p.m.), Cisneros, Koperski, González, Echevarria, Suchil; and Mayor Navarro.
STAFF PRESENT
City Manager Smith, City Attorney Campos, and City Clerk Padilla.
PUBLIC COMMENT
None
CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Item A/B/C).
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
Mayor Navarro adjourned the meeting to Closed Session at 5:01 p.m. and at 6:00 p.m., the meeting reconvened, with all members present heretofore.
City Attorney Campos announced that the City Council did meet in C losed Session and discussed Items A/B/C; with direction to staff and no reportable action.
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CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
November 1, 2022
Regular Meeting held on the above -given date at 6:0 1 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
2022 NOVEMBER 01 CC/CUA/CPFA/CHA MEETING 2 -
INVOCATION: Pastor Scott Thibodo - Centerpoint Church
FLAG SALUTE: American Legion Post 155 Member Steve Ferrance
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
Recognition - Hometown Heroes: New Military Banner Installa tion for Alfred Ochoa, a Veteran of the United States Army
Heidi Strutz, Recreation Services Manager, introduced the New Military Banner in the name of Alfred Ochoa; accepted by Alfred Ochoa accompanied by members of his family.
Proclamation - Family Court Awareness Month
CM Toro read and presented the Proclamation of November 2022 as Family Court Awareness Month.
Recognition - Economic Development Project Manager Christy Elshof Mayor Navarro presented a Certificate of Recognition to Economic Development Manager, Christy Elshof upon her retirement; accepted by Christy Elshof.
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MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF NOVEMBER 1, 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 an y brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
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PUBLIC HEARINGS
(1) Annexation into CFD No. 2021-2 (Maintenance)
2022 NOVEMBER 01 CC/CUA/CPFA/CHA MEETING 3 -
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. 2 021-2, RESOLUTION NO. R-114-22, R-115-22, AND ORDINANCE NO. O-16-22.
Mayor Navarro declared the Public Hearing open.
City Clerk Padilla submitted the Notice of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
Director Tomich, Development Services, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Motion and Second by CM González/CM Suchil to close the public hearing.
Vote: Unanimous
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Director Tomich.
Mayor Navarro asked of the City Clerk as to whether there are any persons registered to vote within Annexation No. 1, of Community Facilities District No. 2021-2, and if so, the number thereof.
City Clerk Padilla responded, NO, the County of San Bernardino Registrar of Voters has certified that there are no registered voters within Annexation No. 1 of Community Facilities District No. 2021-2.
Mayor Navarro asked of the City Clerk if the owner of all of the taxable property in Annexation No. 1 of Communities Facilities District No. 2021-2 has consented to holding the Special Election on November 1, 2022.
City Clerk Padilla responded, YES.
Mayor Navarro asked of the City Clerk if City Clerk concurs that the Special Election be held on November 1, 2022.
City Clerk Padilla responded, YES.
Motion and Second by CM González/MPT Koperski to approve and adopt Resolution No. R-114-22.
Vote: Unanimous
2022 NOVEMBER 01 CC/CUA/CPFA/CHA MEETING 4 -
City Clerk Padilla conducted the special election and stated that the official ballots were opened and that all votes are in favor of the prepositions presented on the ballot.
Motion and Second by CM Echevarria/MPT Koperski to approve and adopt Resolution No. R-115-22.
Vote: Unanimous
Motion and Second by CM Cisneros/CM Suchil to waive full reading, read by title only and introduce Ordinance No. O-16-22.
Vote: Unanimous
(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, INCORPORA TING 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 COD E, 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 STAN DARDS 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.
Mayor Navarro declared the Public Hearing open.
City Clerk Padilla submitted the Notice of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
Director Tomich, Development Services, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Motion and Second by CM González/CM Cisneros to close the public hearing.
Vote: Unanimous
Council Discussion
2022 NOVEMBER 01 CC/CUA/CPFA/CHA MEETING 5 -
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Director Tomich.
CM Suchil request item continued to address regarding further documentation/clarification as it relates to the Building Code; no objection by Mayor and Councilmembers present.
Motion and Second by CM Suchil/CM Toro to reopen the public hearing.
Vote: Unanimous
Motion and Second by CM Suchil/CM Cisneros to continue the public hearing to December 6, 2022.
Vote: Unanimous
Motion and Second CM Suchil/CM González to reconsider Item 2 continued date of December 6, 2022.
Vote: Unanimous
Motion and Second by CM González/CM MPT Koperski to continue the public hearing to November 14, 2022.
Vote: Unanimous
BUSINESS ITEMS
(3) Ordinance - Commission Appointments - WAIVE FULL READING, READ BY TITLE ONLY AND
PASS FIRST READING OF AN ORDINANCE OF THE C ITY 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 C OUNCIL FORMAT ENACTED BY 2018 MEASURE “R” AND MAKING OTHER TECHNICAL AMENDMENTS, ORDINANCE NO. O-17-22.
[Staff Person: Bill Smith]
Staff Presentation
City Manager Smith presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Motion and Second by CM Suchil/CM Echevarria to waive full reading, read by title only and introduce Ordinance No. O-17-22.
Vote: Unanimous
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PUBLIC COMMENT
The following community members addressed the Council : Mark Russell; Veronica Gonzales; Candy Vasquez; Mark Garcia; Razili Ramirez; Evelyn Lopez; Christine Irish -Ré; Cynthia Calderilla; Steven Figueroa; Bobbie Forbes; Pan Lemos and Israel Fuentes.
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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 4 through 9.
Motion and Second by CM González/CM Cisneros to approve consent calendar Item 4 through 9.
Vote: Unanimous.
2022 NOVEMBER 01 CC/CUA/CPFA/CHA MEETING 6 -
(4) Minutes - Approval of Minutes for the City Council Regular Meeting held on October 18, 2022.
(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 total ing $2,358,650.04; and a payroll disbursement listing dated 09/03/2022 to 09/16/2022 and totaling $1,018,741.49.
(6) City Treasurer's Report - Receive and File City Treasurer's Report for July 2022.
(7) Agreement - Markley Technologies - Approve Contract Amendment between the City of Colton and Markley Technologies.
(8) Purchase - Motorola Systems Application Administrator Managed Services - Approve Amended Agreement with Motorola System Solutions, Inc. For Systems Application Administrator Managed Services.
(9) Resolution - Scoreboard Replacement - Approve and Adopt Resolution Accepting Donation to Improve Baseball Field at Max Lofy Park, RESOLUTION NO. R-106-22.
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
At 7:42 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium of Fallen Officer Lorenzo Morgan and City of Colton resident Cece Rodriguez.
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Carolina R. Padilla
City Clerk