CITY COUNCIL/ COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
July 18, 2023
Closed SessionMeeting 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 presentwere Toro, Chastain, Gonzalez, Echevarria, and Mayor Navarro.
STAFF PRESENT
City ManagerSmith, City AttorneyCampos, andDeputyCity ClerkVargas
PUBLIC COMMENT
None
CLOSED SESSION
City Attorney Camposannouncedthe City Councilwould meetin ClosedSessionto Discussonly ItemsA and B.
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
Mayor Navarro adjourned the meeting to Closed Sessionat 5:03 p.m. and at 6:00 p.m. the meeting reconvened, with all memberspresentheretofore.
City Attorney Reports/Reportable Action
City AttorneyCamposannouncedthattheCity Councildid meetin ClosedSessionanddiscussedItemA andB and direction was given but there was no reportable action.
July 18, 2023 Regular City Council Meeting 1-
CITY COUNCIL/ COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
July 18, 2023
Regular Meeting held on the above-given date at 6:00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Dane Aaker— Centerpoint Church
FLAG SALUTE: Acting Police Chief Tim Heusterberg
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 Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. Gonzalez
John R. Echevarria
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Recognition- The Paw Mission, Aristrong, and Tree People Council Member Echevarria presenteda Certificate of Recognition to The Paw Mission Organization and expressedthe Mayor and City Council' s appreciation for their serviceto the community, accepted by JessicaLopez, Executive Director of the Paw Mission.
Council Member Echevarria presenteda Certificate of Recognition to The Aristrong Foundation and expressedthe Mayor and City Council' s sincereappreciation for their serviceto the community, acceptedby John Villalobos, Vice Presidentof the Aristrong Foundation.
Council Member Echevarria presenteda Certificate of Recognition to The Tree People and expressed the Mayor and City Council' s sincereappreciation for their generoussupport and contribution to the community, acceptedby Marcia CastraandAlejandro Montez.
Proclamation- Police Chief Henry Dominguez— Moved to August 1, 2023 Council Meeting July 18, 2023 Regular City Council Meeting 2-
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF JUNE 20, 2023.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuantto CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro askedthe memberspresent if there were any brief reports on meetings attended at the expense of the City. ( GC Section 53232. 3( d). None disclosed.
APPOINTMENTS
Appointment- Planning Commission- D2 - Adrianna Escarcega CM Chastain submitted the name of Adrianna Escarcega for appointment to the Planning Commission Consensusby Council Members present, no objections, so ratified.
Appointment- Utilities Commission- D2 - Henry Michael Razo CM Chastainsubmitted the name of Henry Michael Razo for appointment to the Utilities Commission Roll Call Vote: Toro, Gonzalez, Echevarria, Mayor Navarro voting no.
No Consensus, appointment was not ratified.
MAYOR AND COUNCIL DISCUSSION ITEMS
None
PUBLIC HEARINGS
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.
Public Hearing Item Continued from June20, 2023 Council Meeting TheDeputyCity Clerk VargassubmittedtheNotice of Public Hearing (onfile in the City Clerk's Office) and there were 3 reports of protestsor objections thereto.
Staff Presentation
Mario Suarez, PlanningManager, presentedfor Councilanoverviewof theagendaitem andrequestedapproval of staffs recommendation.
July 18, 2023 Regular City Council Meeting 3-
Public Comment
The following communitymembersaddressedthe Council: Doug Carstens, MarleneSalazarPongs, Christine Irish- Re', Malissa Mckeith, Amy Hayward, CelestCarlos.
Motion andSecondby CM Gonzalez/CM Echevarriato closethepublic hearing.
Vote: Unanimous, Motion Passes.
Council Discussion
DiscernmentanddiscussionbetweenMayor andCouncilmemberspresent, with clarificationprovideby staff:
PlanningManagerMario Suarez, DevelopmentServicesDirectorMark Tomich, City AttorneyCarlosCampos, the Applicant' s representativeGreg Devereaux and Legal Council for IDI, JonathanShardlow.
Motion and Second by CM Echevarria/ Toro to Approve and Adopt Resolution No. R- 73-23, granting the appealandmodifyingthePlanningCommissiondecisionapprovinga conditionalusepermit.
Vote: Motion Passes with CM Chastain and CM Gonzalez voting no. 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 0- 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 CENTER PROJECT, ORDINANCE NO. 0- 05- 23.
PublicHearingItemContinuedfrom June20, 2023CouncilMeeting.
Staff Presentation
Mario Suarez, PlanningManager, presentedfor Councilanoverviewof theagendaitem andrequestedapproval of staff' s recommendation.
Public Comment
The following communitymembersaddressedthe Council: Doug Carstens, MarleneSalazarPongs, Christine Irish Re', Darby Osnaya, John Stylianides.
Motion andSecondby CM Gonzalez/MPT Toroto closethepublichearing.
Vote: Unanimous, Motion Passes.
Council Discussion
Discernment and discussionbetweenMayor and Councilmembers present, with clarification provide by staff:
Fire Chief Time McHargue, Development Services Director Mark Tomich, Acting Police Chief Tim Heusterberg, City Attorney Carlos Campos, Legal Counsel from Best Best & Kreiger Seth Merewitz, City Manager William Smith.
Motion andSecondby CM Echevarria/ CM Gonzalezto waivefull reading, readby title only andpasstheFirst Readingof OrdinanceNo. 0-5-23, approvinga developmentAgreementbetweentheCity of ColtonandLinage Logistics LLC for the Agua Mansa Logistics Center Project.
Vote: Motion Passes with CM Chastain voting no.
July 18, 2023 Regular City Council Meeting 4-
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 0- 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. 0- 06- 23.
Public Hearing Item Continued from June20, 2023 Council Meeting.
Staff Presentation
Mark Tomish, Director Development Services, presented for Council an overview of the agenda item and requested approval of staff' s recommendation.
Public Comment
The following community members addressedthe Council: Douglas Carstens, Marlene Salazar Pongs, Nick Zapkofska, and Mark Garcia.
Motion andSecondby CM Gonzalez/MPT Toroto closethepublic hearing.
Vote: Unanimous, Motion Passes.
Council Discussion
Discernment and discussionbetween Mayor and Councilmembers present, with clarification provide by staff:
PlanningManagerMario SuarezandDirectorMark Tomich.
CMEchevarria left the Dais at 8: 21pm and returned at 8: 23pm.
Motion and Secondby CM Gonzalez/ MPT Toro to waive full reading, readby title only andpassthe First Readingof OrdinanceNo. 0- 6-23, approvinga developmentAgreementbetweenthe City of Colton andIDI Agua Mansa LLC for the Agua Mansa Logistics Center Project.
Vote: Motion Passes with CM Chastain voting no.
BUSINESS ITEMS- There are no business items.
PUBLIC COMMENT
Thefollowing communitymembersaddressedtheCouncil: CynthiaCalderilla, BenEilenberg, JohnStylianides, Mark Garcia, Pam Lemos, Jon Shardlow, Celest Carlos, Belinda.
Treasurer DelaTorre left the Dais at 8: 40pm and returned at 8: 44pm.
CONSENT CALENDAR
MayorNavarropresentsthe ConsentCalendarItems4 through23.
Motion and Secondby MPT Toro/ CM Echevarria to approve consentcalendar.
CM Chastain selected Item 4, 13, 14, 16, and 21 for discussion and requested clarification from staff Vote: Motion Passeswith CM Gonzalez and CM Chastainvoting no on Item# 11.
July 18, 2023 Regular City Council Meeting 5-
4) Minutes - Approval of Minutes for the City Council Regular Meetings Held on June 6, 2023 and June 20, 2023, andthe City Council SpecialMeeting Held on June28, 2023. 5) Warrants - Approve US Bank voucher dated05/25/2023 and totaling $56,037.31; voucher numbers 206049 to 206133 dated05/30/2023 and totaling $78,820.60; voucher numbers 206134 to 206212 dated 06/01/2023andtotaling $4,357,119.06; vouchernumbers206213to 206327dated06/08/2023andtotaling 1,484, 747. 19; voucher numbers 206328 to 206413 dated 06/ 15/ 2023 and totaling $ 1,600,718.78 and a payroll disbursementlisting dated 05/13/2023 to 05/26/2023 andtotaling $ 960,127.55. 6) Accept Real Property- EVMWD - Accept Real Property from Elsinore Valley Municipal Water District( EVMWD), RESOLUTION NO. R- 65- 23.
7) Agreement- Green Acres Advertising- Approve a Letter Agreement for GreenAcres Advertising to PerformaBrandIdentityAudit andNew BrandIdentityDevelopmentfor theWater/WastewaterDivision. 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. 9) Contract Award- Matich Corporation- Approve Contract Award to Matich Corporation for FY 22- 23 AsphaltPavingProjectin theamountof$ 2,503,137, RESOLUTION NO. R-68-23. 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.
11) Contract Amendment- Sagecrest Planning+ Environmental - Approve Contract Amendment with Sagecrest Planning+ Environmental for Reimbursable Planning Entitlement Services. 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.
13) Contract Award- MCC Equipment Rentals- Approve Award of Contract to MCC Equipment Rentals Inc. for the La Cadena Waterline Relocation Project.
14) Contract Award- D. M. Contracting, Inc. - Approve the Award of Contract to DM Contracting, Inc. For CDBGCOLT-21-1-03K/0242Alley PavingandSidewalkImprovementfor VariousLocationsProjectfor 416, 534.80, RESOLUTION NO. R- 64-23.
July 18, 2023 Regular City Council Meeting 6-
15) 2023/ 2024 City Insurance Cost Increase - Approve Resolution to Amend the FY2023- 24 Budget for City InsurancePremium Increasesdueto Market Conditions and 2023 Property Appraisals, RESOLUTION NO. R- 74- 23.
16) Notice of Completion- Drilling of Wells 32 & 33 - Approve a Notice of Completion for the Drilling of Wells 32 and 33 Project.
17) Notice of Completion- Corporate Yard Roof Replacement Project- Approve Notice of Completion NOC) for the City Corporate Yard Roof ReplacementProject with All SeasonsInsulation. 18) Notice of Completion- Washington Bridge Waterline Relocation- Approve a Notice of Completion for the Washington Bridge Water Line Relocation Project.
19) Obsolete Records Destruction- Approve and Adopt a Resolution Authorizing the Destruction of Certain Obsolete Records, RESOLUTION NO. R- 63- 23.
20) Purchase Order Amendment- HERC Rentals - Approve a Change Order for HERC Rentals for Water Wastewater Rental Needs.
21) Contract Award- Legend Pump and Wells, Inc. - Approve a Contract Agreement with Legend Pump and Wells, Inc. for the Well 22 Rehabilitation Project. 22) Set Public Hearing - Stormwater User Fee - Setthe Public Hearing Date of August 01, 2023 for the Basic Fee for Storm Water Services and Storm Water Management User Fee. 23) Second Reading of Ordinance No. 0- 07- 23 - Waive Full Reading, Read By Title Only, Approve SecondReading of an Ordinance Of The City Council of The City of Colton, California, Amending Colton Municipal Code Sections2.12.010, 2.12.020, 2.12.030, And 2.12.050 Increasing City Clerk and City Treasurer SalaryAnd City CouncilAnd Mayor SalaryandAutomobileAllowance, ORDINANCE NO. 0- 07-23.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Commentsfrom Mayor, Council and City Treasurer on various issuesand activities throughout the community.
CITY MANAGER' S REPORTS
City Manager Smith had no comments.
July 18, 2023 Regular City Council Meeting 7-
ADJOURNMENT
At 9: 12 p. m.. Mayor Navarro adjourned the Regular Council Meeting in Memorium for Dennis Heminger, Colton Resident, who recently passedaway. A moment of silence was observedby the Mayor and City Council.
YLt.
Stephanie M. Vargas
Deputy City Clerk
July 18, 2023 Regular City Council Meeting 8