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, AUGUST 20, 2024 – 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 a 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)
In Re Aqueous Film-Forming Foams Products Liability Litigation U.S. District Court, District of South Carolina, Case No. 2:18-mn-02873 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION & POSSIBLE INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d) (1) And Government Code Section 54956.9(d) (4) In re Smart Earth Technologies LLC et al
U.S, Bankruptcy Court for the District of Delaware, Case No. 23-11866(KBO) And One Potential Case: City of Colton, et al. v. SET/Water IT LLC/Antonio Cabrera, President:
Breach of Contract Claims
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Colton et al. v. Inland Memorial Inc. Cremation and Burial Society Inc.; Inland Memorial Inc.
San Bernardino Superior Court, Case No. CIVSB2300169
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 Ruben Cimental - Sovereign Grace Impact Ministries FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Recognition - 137th Birthday Celebration Sponsors
Recognition - 2024 VolunTEENs
Recognition - Demand Management Incentive from San Bernardino Valley Municipal Water District
3 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))
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 neithe r, 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) Public Hearing - Weed Abatement Statement of Expenses - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION R-73-24 ADOPTING A REPORT AND STATEMENT OF EXPENSES FOR THE CITY’S WEED ABATEMENT PROGRAM AND IMPOSING A LIEN UPON PROPERTY FOR PAYMENT THEREOF, AND TO OPEN YEAR ROUND WEED ABATEMENT, RESOLUTION NO. R-73-24. [Staff Person: Ray Bruno]
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 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) Sign Review - Mural at 165 East "O" Street - Approve and Adopt a Resolution to Approve the Sign Review for Mural on a Six Foot High Painted Block Wall Located Behind Sidewalk to Read "South Colton" Measuring 5-feet in Height by 20-feet in Length at 165 East "O" Street, RESOLUTION NO. R-85-24. CEQA Determination: Staff analyzed the proposed project for California Environmental Quality Act (CEQA) compliance, and has determined the proposed project is Exempt under CEQA, Section 15301 (Ex isting Facilities), Class 1.
[Staff Person: Heidi Duron]
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 a 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 dis cussed and/or removed for separate discussions or action.
(3) Warrants - Approve voucher numbers 213690 to 213819 dated 07/18/2024 and totaling $960,142.38; vouchers numbers 213820 to 213904 dated 07/23/2024 and totaling $269,364.78; vouchers numbers 213905 to 213917 dated 07/23/2024 and totaling $4,820.35 and a payroll disbursement listing dated 06/22/2024 to 07/05//2024 and totaling $1,185,729.05.
[Staff Person: Stacey Dabbs]
(4) Budget Amendment - CR&R Disposal Services - Approve and Adopt a Resolution to Amend the FY 23-24 Budget for CR&R Residential Disposal Services, RESOLUTION NO. R-90-24. [Staff Person: Brian Dickinson]
(5) Contract Amendment - ICF Resources LLC - Approve Second Amendment to Professional Services Agreement with ICF Resources LLC for Electric Engineering Consulting Services. [Staff Person: Charles Berry]
5 (6) Contract Amendment - OMNI Cemetery Management - Approve and Adopt a Resolution to Approve a Contract Amendment to OMNI Cemetery Management and Amend FY 2024 -2025 Budget, RESOLUTION NO.
R-89-24.
[Staff Person: Deb Farrar]
(7) Grant - Justice Assistance Grant FY2023 - Approve City Manager Authority to Accept Fy2023 Justice Assistance Grant Award (Jag) and the Accompanying Interlocal Agreement, Approve Resolution and Budget Amendment to Reflect Purchase of Night Vision Goggles and Related Equipment, RESOLUTION NO. R-77-24. [Staff Person: Anthony Vega]
(8) Notice of Completion - Demolition of Rialto Concrete Tank - Approve Notice of Completion for the Demolition of Rialto Concrete Tank Project.
[Staff Person: Brian Dickinson]
(9) Ongoing Emergency - AMPP - Affirm Ongoing Emergency at Agua Mansa Power Plant. [Staff Person: Charles Berry]
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 unde r 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 h ave 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 pro hibit 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 fi rst 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 it em 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 Coun cil 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 considerat ion 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.