1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov
Mayor Frank J. Navarro
Council Members:
David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
Deputy City Clerk Stephanie M. Vargas
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, NOVEMBER 7, 2023 – 8:00 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.
Please state your name and your City of Residence before providing your comment.
2 A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
City of Colton vs. 3M Co. et al.
U.S. District Court, Dist. of South Carolina, Case No. 2:23-cv02253-RMG
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.
INVOCATION Pastor Dane Aaker - Centerpoint Church
FLAG SALUTE American Legion Post 155 Members Louie Barrera and Steve Ferrance
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
• Recognition - Hometown Heroes Program: New Military Banner Installation • Recognition - Police Officer of the Year Daniel Muro
MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
3 APPOINTMENTS
• Appointment - Recreation and Parks Commission - Lisa Roo - D3
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 extend or limit time as provided for in the City Council Manual of Procedure.
BUSINESS ITEMS
To speak on business 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 extend or limit time as provided for in the City Council Manual of Procedure.
(1) Resolution - Ballot Measure for 3/5/24 Election - Adopt Resolution to Place a Ballot Measure Before Voters at the 3/5/24 Election to Change the City Clerk Position from Elected to Appointed, RESOLUTION NO. R -95-
23. [Staff Person: Bill Smith]
PUBLIC COMMENT Limit 3 Minutes
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.
Please state your name and your City of Residence before providing your comment.
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 (2) Minutes - Approval of Minutes for the City Council Regular Meeting held on October 17, 2023, on file in the Office of the City Clerk.
[Staff Person: Stephanie Vargas]
(3) Warrants - Approve Replacement Check Number 208203 Dated 09/21/2023 for $1,633.00; Voucher Numbers 208205 to 208283 Dated 09/27/2023 and Totaling $76,701.55; Voucher Numbers 208204, 208284 to 208359 Dated 09/28/2023 and Totaling $606,458.07; Voucher Numbers 208360 to 208429 Dated 10/02/2023 and Totaling $207,821.48; Voucher Numbers 208430 to 208540 Dated 10/05/2023 and Totaling $1,041,116.24; Wires Dated 10/10/2023 and Totaling $4,517,205.16 and a Payroll Disbursement Listing Dated 09/02/2023 to 09/15/2023 and Totaling $1,105,998.85. [Staff Person: Stacey Dabbs]
(4) Contract Amendment - Colton Power LP - Approve First Amendment to Colton Power LP Agreement for Interconnection and Parallel Operation of Distributed Generation. [Staff Person: Charles Berry]
(5) Contract Amendment - ERSC - Approve First (1st) Amendment to Professional Services Agreement (PSA) for Engineering Services with Engineering Resources of Southern California (ERSC) for Fiscal Year 23/24. [Staff Person: Brian Dickinson]
(6) Contract Amendment - Lilburn Corp - Approve and Adopt a First Amendment to the Professional Services Agreement for Environmental Services on Behalf of the 20-lot Subdivision Project and Amendment to Reimbursement Agreement with Applicant.
[Staff Person: Mark Tomich]
(7) Contract Amendment - Ninyo & Moore - Approve Contract Amendment No. 2 with Ninyo & Moore to Complete Environmental Work at the Corporate Yard.
[Staff Person: Charles Berry]
(8) Contract Award - PD Tow Company Selection - Award a 3-year Contract to Armada Towing and Pepe’s Towing to Perform Police Department and City Tows (With an Additional Two One -Year Contract Extension Options).
[Staff Person: Tim Heusterberg]
(9) Contract Award - R Dependable Construction, Inc. - Approve the Award of Contract for the Public Works Building Restroom Remodel Project to R Dependable Construction, Inc. in the Amount of $147,000. [Staff Person: Brian Dickinson]
(10) Contract Award - TKE Engineering, Inc. - Award an Engineering Design Contract to TKE Engineering, Inc. for the Police Department Parking Lot Expansion Project.
[Staff Person: Brian Dickinson]
(11) Funding Agreement - HSIP Crosswalk Project - Approve Program Supplement Agreement No. 00000A297 for the HSIP Cycle 11 – Crosswalk Improvement Project, RESOLUTION NO. R-97-23 & R-98-23. [Staff Person: Brian Dickinson]
(12) Notice of Completion - I-10 Freeway Lighting Project - Approve Notice of Completion (NOC) for the I-10 Freeway 9th Street Underpass Lighting Project With PTM General Engineering Services, Inc. [Staff Person: Brian Dickinson]
(13) Notice of Completion - South La Cadena Drive Sidewalk Improvement Project - Approve Notice of Completion (NOC) for the South La Cadena Drive Sidewalk Improvement Project with D.M. Contracting, Inc. [Staff Person: Brian Dickinson]
(14) Traffic Improvements - Approve Traffic Safety Committee Recommendations. [Staff Person: Brian Dickinson]
(15) Second Reading of Ordinance O-11-23 - Waive Full Reading, Read by Title Only, And Approve Second Reading of An Ordinance of the City Council of the City Of Colton to Amend Chapters 18.49 (Adult Use
5 Regulations) of Title 18 (Zoning) of the Colton Municipal Code by Adding Section 18.49.170 of the Colton Municipal Code to Establish Amortization Periods for Nonconforming Adult Uses Citywide, ORDINANCE NO.
O-11-23.
[Staff Person: Stephanie Vargas]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.
CITY MANAGER'S REPORTS
ADJOURNMENT
6 I, Stephanie M. 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 (a) at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you obtain a card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the 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.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate 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 item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.