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, MARCH 5, 2024 – 6:00 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 - ANTICIPATED LITIGATION
Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case: Club 215 Consent Decree
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
In re Smart Earth Technologies, LLC
Delaware Bankruptcy Court, Case No. 1:2023bk11866,
C. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (Government Code section 54956.9(d)(2))
Two (2) Potential Cases
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. Al l 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 Conrad Valdez - Echoes of Love Ministry FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
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 person s 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) Modification of Zoning Entitlements - Logistics Warehouses - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION NOS. R-15-24, R-16-24, AND R-17-24, APPROVING MODIFICATION TO ZONING ENTITLEMENTS FOR 1400-1500 AGUA MANSA ROAD, RESOLUTION NOS. R-15- 24 R-16-24 & R-17-24.
[Staff Person: Heidi Duron]
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 __________, secon ded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
4 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.
(2) FY2023-24 Mid-Year Budget Review - Approve and Adopt Resolutions for FY2023-24 Mid-Year Budget Review, RESOLUTION NO. R-21-24, CUA-01-24, & CHA-01-24. [Staff Person: Stacey Dabbs]
(3) Youth Commissioner Program - Waive Full Reading, Read by Title Only and Introduce an Ordinance to Amend Section 2.30.020 of Chapter 2.30 of Title 2 of the Colton Municipal Code in order to be able to Appoint Youth Commissioners to Commissions and Committees of the City, ORDINANCE NO. O-02-24. [Staff Person: Stephanie M. Vargas]
(4) Employment Agreement Amendment - William R. Smith - Approve the 7th Amendment to the Employment Agreement for William R. Smith, for Services as Colton City Manager. [Staff Person: Carlos Campos]
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 p eriod.
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 certai n 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.
(5) Minutes - Approval of Minutes for the City Council Regular Meeting Held on February 06, 2024 on file in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(6) Warrants - Approve US Bank voucher dated 01/26/2024 totaling $55,113.89: wires dated 01/31/2024 and totaling $1,950,390.14; voucher numbers 210490 to 210588 dated 02/01/2024 and totaling $485.958.85; voucher numbers 210589 to 210715 dated 02/08/2024 and totaling $713,380.93 and a payroll disbursement listing dated 12/09/2023 to 12/22/2023 totaling $1,054,685.33. [Staff Person: Stacey Dabbs]
5 (7) City Treasurer's Report - Receive and File City Treasurer's Report for December 2023. [Staff Person: Aurelio De La Torre]
(8) Annual Weed Abatement - Set Public Hearing for Annual Weed Abatement, RESOLUTION NO. R-19-24. [Staff Person: Tim McHargue]
(9) Contract Award - PBLA - Award Contract to PBLA for Project Management Necessary in the Pre Construction Development of Colton Eco Friendly Park with Community Sports Fields. [Staff Person: Deb Farrar]
(10) Contract Award - BKF Engineers - Approve to Award Contract to BKF Engineers for the Meridian Storm Drainage Project.
[Staff Person: Brian Dickinson]
(11) ECE Additional Funding - SB 140 - CDE - Approve and Adopt a Resolution Accepting the Early Care and Education Division Additional Funding via SB 140 and CDE, RESOLUTION NO. R-12-24. [Staff Person: Deb Farrar]
(12) Grant - Manufactured Housing Opportunity Revitalization Grant (MORE) - Approve and Adopt a Resolution to accept a grant from the Manufactured Housing Opportunity Revitalization (MORE) fund totaling $1,025,000, RESOLUTION NO. R-11-24.
[Staff Person: Tom Welch]
(13) Notice of Completion - La Cadena Waterline - Approve Notice of Completion for the La Cadena Waterline Relocation Project.
[Staff Person: Brian Dickinson]
(14) Ordinance Repeal - 5.08.040 - Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance Repealing Section 5.08.040 of the Colton Municipal Code Prohibiting Joint Occupancy of Dwellings, Apartments, Hotels, and Similar Lodging Facilities by Members of the Opposite Sex, ORDINANCE NO. O-03-24.
[Staff Person: Bill Smith]
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(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, t he 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 doc umentation 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 o f 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 p rior 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 nee d 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.