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
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, JULY 18, 2023 – 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 COUNSEL – WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.95.
Case Name(s): Alice Ibarra v. City of Colton
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case
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 obt aining 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 Dane Aaker - Centerpoint Church
FLAG SALUTE
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Recognition - The Paw Mission, Aristrong, and Tree People Proclamation - Police Chief Henry Dominguez
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 meetin g or as a separate writing filed with the city. (CMC Section 2.04.030)
3 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
Appointment - Planning Commission - D2 - Adrianna Escarcega Appointment - Utilities Commission - D2 - Henry Michael Razo
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 comp lete 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) Appeal of Conditional Use Permit for Lineage Building - TIME AND PLACE FIXED TO CONSIDER A PUBLIC
HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION OR GRANTING THE
APPEAL AND MODIFYING THE PLANNING COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT (FILE INDEX NO.: DAP-001-668) TO ALLOW A 130-FOOT HIGH BUILDING HEIGHT INSTEAD OF 50 FEET HIGH ON PROPERTY MEASURING APPROXIMATELY 35.95 ACRES AND ZONED M -2 (HEAVY INDUSTRIAL) (FILE INDEX DAP-001-815), RESOLUTION NO. R-59-23 & R-73-23.
[Staff Person: Mark Tomich]
(Public Hearing Continued from June 20, 2023)
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 (2) Development Agreement - Lineage Logistics, LLC - TIME AND PLACE FIXED TO WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF ORDINANCE NO O-05-23, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COLTON, CALIFORNIA TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF COLTON AND LINEAGE LOGISTICS, LLC FOR THE AGUA MANSA LOGISTICS CE NTER PROJECT, ORDINANCE NO. O-05-23.
[Staff Person: Mark Tomich]
(Public Hearing Continued from June 20, 2023)
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 __________
(3) Development Agreement - IDI Agua Mansa, LLC - TIME AND PLACE FIXED TO WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF ORDINANCE NO O-06-23, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COLTON, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF COLTON AND IDI AGUA MANSA, LLC FOR THE AGUA MANSA LOGISTICS CENTER PROJECT, ORDINANCE NO. O-06-23.
[Staff Person: Mark Tomich]
(Public Hearing Continued from June 20, 2023)
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 __________
BUSINESS ITEMS
There are no Business Items.
5 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 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) Minutes - Approval of Minutes for the City Council Regular Meetings Held on June 6, 2023 and June 20, 2023, and the City Council Special Meeting Held on June 28, 2023. [Staff Person: Stephanie M. Vargas]
(5) Warrants - Approve US Bank voucher dated 05/25/2023 and totaling $56,037.31; voucher numbers 206049 to 206133 dated 05/30/2023 and totaling $78,820.60; voucher numbers 206134 to 206212 dated 06/01/2023 and totaling $4,357,119.06; voucher numbers 206213 to 206327 dated 06/08/2023 and totaling $1,484,747.19; voucher numbers 206328 to 206413 dated 06/15/2023 and totaling $1,600,718.78 and a payroll disbursement listing dated 05/13/2023 to 05/26/2023 and totaling $960,127.55. [Staff Person: Stacey Dabbs]
(6) Accept Real Property - EVMWD - Accept Real Property from Elsinore Valley Municipal Water District (EVMWD), RESOLUTION NO. R-65-23.
[Staff Person: Brian Dickinson]
(7) Agreement - Green Acres Advertising - Approve a Letter Agreement for Green Acres Advertising to Perform a Brand Identity Audit and New Brand Identity Development for the Water/Wastewater Division. [Staff Person: Brian Dickinson]
(8) Agreement - G&G Environmental Compliance, Inc. - Approve Professional Services Agreement with G&G Environmental Compliance, Inc. to Provide Water, Wastewater, and Storm Water Regulatory Compliance Program Services for Five (5) Years in an Amount Not-to-Exceed $1,870,610. [Staff Person: Brian Dickinson]
(9) Contract Award - Matich Corporation - Approve Contract Award to Matich Corporation for FY 22-23 Asphalt Paving Project in the amount of $2,503,137, RESOLUTION NO. R-68-23. [Staff Person: Brian Dickinson]
(10) Contract Amendment - Ninyo and Moore - Approve Contract Amendment with Ninyo and Moore to Complete Phase II Environmental Work for a Future Zero Net Energy (ZNE) Public Works & Utilities Building. [Staff Person: Brian Dickinson]
6 (11) Contract Amendment - Sagecrest Planning + Environmental - Approve Contract Amendment with Sagecrest Planning + Environmental for Reimbursable Planning Entitlement Services. [Staff Person: Mark Tomich]
(12) Contract Award - Danny C. Hubbs Construction, Inc. - Approve the Award of Contract To Danny C. Hubbs Construction, Inc. for HSIP Funded Guardrail Repair Project HSIPSL- 5065(032) in the Amount of $144,985.00, RESOLUTION NO. R-62-23.
[Staff Person: Brian Dickinson]
(13) Contract Award - MCC Equipment Rentals - Approve Award of Contract to MCC Equipment Rentals Inc. for the La Cadena Waterline Relocation Project.
[Staff Person: Brian Dickinson]
(14) Contract Award - D.M. Contracting, Inc. - Approve the Award of Contract to DM Contracting, Inc. For CDBG COLT-21-1-03K/0242 Alley Paving and Sidewalk Improvement for Various Locations Project for $416,534.80, RESOLUTION NO. R-64-23.
[Staff Person: Brian Dickinson]
(15) 2023/2024 City Insurance Cost Increase - Approve Resolution to Amend the FY2023-24 Budget for City Insurance Premium Increases due to Market Conditions and 2023 Property Appraisals, RESOLUTION NO. R- 74-23.
[Staff Person: Tom Cody]
(16) Notice of Completion - Drilling of Wells 32 & 33 - Approve a Notice of Completion for the Drilling of Wells 32 and 33 Project.
[Staff Person: Brian Dickinson]
(17) Notice of Completion - Corporate Yard Roof Replacement Project - Approve Notice of Completion (NOC) for the City Corporate Yard Roof Replacement Project with All Seasons Insulation. [Staff Person: Brian Dickinson]
(18) Notice of Completion - Washington Bridge Waterline Relocation - Approve a Notice of Completion for the Washington Bridge Water Line Relocation Project.
[Staff Person: Brian Dickinson]
(19) Obsolete Records Destruction - Approve and Adopt a Resolution Authorizing the Destruction of Certain Obsolete Records, RESOLUTION NO. R-63-23.
[Staff Person: Stephanie M. Vargas]
(20) Purchase Order Amendment - HERC Rentals - Approve a Change Order for HERC Rentals for Water & Wastewater Rental Needs.
[Staff Person: Brian Dickinson]
(21) Contract Award - Legend Pump and Wells, Inc. - Approve a Contract Agreement with Legend Pump and Wells, Inc. for the Well 22 Rehabilitation Project.
[Staff Person: Brian Dickinson]
(22) Set Public Hearing - Stormwater User Fee - Set the Public Hearing Date of August 01, 2023 for the Basic Fee for Storm Water Services and Storm Water Management User Fee. [Staff Person: Brian Dickinson]
(23) Second Reading of Ordinance No. O-07-23 - Waive Full Reading, Read By Title Only, Approve Second Reading of an Ordinance Of The City Council of The City of Colton, California, Amending Colton Mu nicipal Code Sections 2.12.010, 2.12.020, 2.12.030, And 2.12.050 Increasing City Clerk and City Treasurer Salary And City Council And Mayor Salary and Automobile Allowance, ORDINANCE NO. O-07-23. [Staff Person: Stephanie M. Vargas]
7 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
8 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 54954.2, 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 f ashion, 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 councilmembe rs, 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 na ture 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.
9 In compliance with the Ame rican 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.