CITY COUNCIL/ COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
March 5, 2024
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 Council Members Toro, Gonzalez, Mayor Pro Tem Echevarria and Mayor Navarro. Council Member Chastain was absent.
STAFF PRESENT
City ManagerSmith, City AttorneyCampos, andDeputyCity ClerkVargas
PUBLIC COMMENT
None
CLOSED SESSION
City AttorneyCamposannouncedtheCity Councilwouldmeetin ClosedSessionto DiscussItemA, B, andC.
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, CaseNo. 1:2023bk11866,
C. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Government Code section 54956. 9( d)( 2))
Two ( 2) Potential Cases
Mayor Navarro adjourned the meeting to Closed Sessionat 5:02 p.m. and at 6:00 p.m., the meeting reconvened, with all memberspresentheretofore.
Council Member Chastainjoined closed sessionat 5:03pm.
City Attorney Reports/Reportable Action
City AttorneyCamposannouncedthattheCity Councilmetin ClosedSessionanddiscussedItem A, B, andC; direction was given but there was no reportable action.
March 5, 2024 Regular City Council Meeting 1-
March 5, 2024
Regular Meeting held on the above-given date at 6:01 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Don Duenez— Echoes of Love Ministry
FLAG SALUTE: Veterans of Foreign Wars ( VFW) Member Thomas Leon
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
Kelly J. Chastain StephanieM. Vargas, Deputy City Clerk Dr. Luis S. Gonzalez
John R. Echevarria, MPT
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
None
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF MARCH 5, 2024.
GIFT DISCLOSURES
Mayor Navarro askedthe memberspresentif therewere any agendaitems that were a conflict of interest pursuantto CMC Section2.04.030.Nonedisclosed.
AB 1234 ORAL REPORTS
MayorNavarroaskedthe memberspresentif therewereany brief reportson meetingsattendedat the expense of the City. ( GC Section 53232. 3( d). None disclosed.
APPOINTMENTS
None
March 5, 2024 Regular City Council Meeting 2-
MAYOR AND COUNCIL DISCUSSION ITEMS
None
PUBLIC HEARINGS
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.
The Mayor opened the Public Hearing.
The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk' s Office) and there were seven reports of protests or objections thereto.
Staff Presentation
Heidi Duron, Director of Development Services, presentedfor Council an overview of the agenda item and requested approval of staffs recommendation.
Public Comment
The following community membersaddressedthe Council: Carl Pongs, Amy Hayward, Marlene SalazarPongs, Ana Gonzalez, Matt Nicholes, Pam Lemos, and Audry Pongs.
Motion and Secondby CM Gonzalez/ MPT Toro to closethe public hearing.
Council Discussion
Discernment and discussionbetweenthe Councilmembers present, with clarification and commentsprovided by Development Services Director Heidi Duron, City Manager William R. Smith, Public Work' s and Utilities Director Brian Dickinson, City Attorney Carlos Campos.
Motion andSecondby CM Chastain/CM Toroto continuethePublicHearingto theApril 2, 2024.
Vote: Motion Passeswith Mayor Navarro and CM Gonzalezvoting no.
BUSINESS ITEMS
1) 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 Presentation
FinanceDirectorStaceyDabbspresentedfor Councilanoverviewof theagendaitemandrequestedapprovalof staffs recommendation.
Public Comment
None
March 5, 2024 Regular City Council Meeting 3-
Council Discussion
Discernment and discussionbetweenthe Councilmemberspresent, with clarification and comments provided by Finance Director Stacey Dabbs, City Manager William R. Smith, Electric Director Charles Berry, Community ServicesDirector Deb Farrar, and City TreasurerAurelio De La Torre.
Motion and Secondby CM Gonzalez/ MPT Echevarria to Approve and Adopt Resolutions R-21-24, CUA- 01- 2, and CHA- 01- 24.
Votes: Unanimous, Motion Passes.
A Motion was made by CM Chastain to direct Staff to bring back to Council a contract extension, accepting CR& R' s 10years contract extension option along with the benefits promised in their proposal.
Vote: Motion Passedwith Mayor Navarro and CM Gonzalezvoting no. 2) Youth Commissioner Program- Waive Full Reading, Readby 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 Commissionersto Commissions and Committees of the City, ORDINANCE NO. 0- 02- 24.
Staff Presentation
Deputy City Clerk Stephanie M. Vargas presentedfor Council an overview of the agendaitem and requested approval of staff' s recommendation.
Public Comment
None
Council Discussion
None
Motion and Second by CM Toro/ CM Gonzalez to Waive Full Reading, Read by Title Only and Introduce Ordinance No. 0- 02- 24.
Votes: Unanimous, Motion Passes.
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 Presentation
City Attorney CarlosCampospresentedfor Council anoverviewof the agendaitem andrequestedapprovalof staff' s recommendation.
Public Comment
Thefollowing communitymembersaddressedtheCouncil: PamLemos.
Council Discussion
Discernment and discussion between the Councilmembers present.
Mayor left Dais at 7: 50pm and returned at 7: 52pm.
March 5, 2024 Regular City Council Meeting 4-
Motion and Second by MPT Echevarria/ CM Toro to Approve the 7th Amendment to the Employment Agreement for William R. Smith for Services as Colton City Manager.
Votes: Motion Passeswith CM Chastain voting no.
Mayor Navarro left Council Meeting dueto a Family Emergency.
MPT Echevarria proceededto run meeting in the Mayor' s absence.
DeputyCity Clerk StephanieM. VargasrequestedMPT Echevarriaallow for a 10Minute Recessin orderthat shemaybeallowedperformherdutiesasElectionOfficialto locktheElectionBallotBoxfortheMarch5th Presidential Primary Election at exactly 8pm. MPT Echevarria called for a 10 Minute Recessat 7:55pm.
MPT Echevarria reconvened the Council Meeting at 8:08pm.
PUBLIC COMMENT
Thefollowing communitymembersaddressedtheCouncil: PamLemosandCelesteCarlos.
CONSENT CALENDAR
MPT EchevarriapresentstheConsentCalendarItems5 through14.
City ManagerWilliam R. SmithprovidedCouncilwith clarificationonitem 14.
Councilmemberspresentselecteditemsfor clarificationby staff: CM Chastain, Item 9. City ManagerWilliam R. SmithandCommunityServicesDirectorDebFarrarprovidedtheclarificationneeded.
Motion andSecondby CM Gonzalez/CM Chastainto approveconsentcalendarItems5 through14.
Vote: Motion Passeswith Mayor Navarro being absent.
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.
6) Warrants - Approve US Bank voucher dated01/26/2024 totaling $ 55,113.89: wires dated01/31/2024 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 dated02/08/2024 andtotaling $ 713,380.93 and a payroll disbursement listing dated 12/ 09/ 2023 to 12/ 22/ 2023 totaling $ 1, 054, 685. 33. 7) City Treasurer' s Report- Receive and File City Treasurer's Report for December2023. 8) Annual Weed Abatement- SetPublicHearingfor AnnualWeedAbatement, RESOLUTION NO. R- 19- 24.
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. 10) Contract Award- BKF Engineers - Approve to Award Contract to BKF Engineers for the Meridian Storm Drainage Project.
March 5, 2024 Regular City Council Meeting 5
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. 12) Grant- Manufactured Housing Opportunity Revitalization Grant( MORE) - Approve and Adopt a Resolution to accepta grant from the Manufactured Housing Opportunity Revitalization( MORE) fund totaling $ 1,025, 000, RESOLUTION NO. R- 11- 24.
13) Notice of Completion- La Cadena Waterline - Approve Notice of Completion for the La Cadena Waterline Relocation Project.
14) Ordinance Repeal - 5. 08. 040 - Waive Full Reading, Readby Title Only and PassFirst 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. 0- 03- 24.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Commentsfrom Mayor, CouncilandCity Treasureronvariousissuesandactivitiesthroughoutthecommunity.
CITY MANAGER' S REPORTS
City ManagerWilliam R. Smithexpressedhis gratitudefor theCity Council'scontinuedsupport.
ADJOURNMENT
At 8:37p.m. MPT EchevarriaadjournedtheRegularCouncilMeeting.
Stephanie M. Vargas, CMC PMC
Deputy City Clerk
March 5, 2024 Regular City Council Meeting 6-