City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, August 27, 2013 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY AUTHORITY, RIALTO HOUSING AUTHORITY City Council Mayor Deborah Robertson Mayor Pro Tem Edward Palmer Council Member Joe Baca Jr. Council Member Shawn O'Connell Council Member Lynn Hirtz City Council Regular Meeting August 27, 2013 Members of the public are afforded an opportunity to speak on any listed agenda item . Please notify the City Clerk if you wish to do so. All agendas are posted in the City Hall Administration Building (150 South Palm Avenue, Rialto) at least 72 hours in advance of the meeting. All writings that relate to an agenda item for an open session of a regular meeting of the City Council distributed to all, or a majority, of the Council Members also shall be made available, at the same time but not sooner than 72 hours before a regular meeting, for public inspection in the Office of the City Clerk located at 290 West Rialto Avenue, Rialto, California (909-820-2519) from 7:00 a.m. to 6:00 p.m., Mondays through Thursdays, and on the City’s website at www.rialtoca.gov Any person having a question concerning any agenda item may call the City Clerk’s office to make inquiry concerning the nature of the item described on the agenda. Based upon the open meeting laws (the Brown Act), additional items may be added to the agenda and acted upon by the City Council only if it is considered to be a “subsequent need” or “emergency” item and is added by a two -thirds vote. Matters raised under Oral Communications may not be acted upon at that meeti0ng other than as provided above. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Director of Public Works at (909) 421-7279. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CAR 35.102-35.104 ADA Title II). Next Ordinance No. Next Resolution No. Called to Order By: ROLL CALL Rialto – Entering a Second Century of Progress • Rialto will be a Family First Community • Rialto Shall Attract High-Quality Development and Improve its Physical Environment • Rialto’s Economic Environment will be Healthy and Diverse • Rialto will be an Active Community All items listed on this agenda are being considered and/or acted upon by the City Council on behalf of the City of Rialto, except for such items as are designated by the “RUA,” “RHA,” which items are being considered and/or acted upon by the Members of the Rialto Utility Authority or Rialto Housing Authority of the City of Rialto in its separate legal capacity . For convenience and ease of administration only, the agendas for each separate legal body have been consolidated herein. 5:00 p.m. CLOSED SESSION City of Rialto Page 2 Printed on 8/26/2013 City Council Regular Meeting August 27, 2013 1 Conference with Labor Negotiator regarding the following recognized employee organization pursuant to Government Code Section 54957.4: Agency designated representatives: Brad Neufeld, GSNT George Harris, Administrative and Community Services Director Employee organizations: Rialto Police Benefit Association Police Management Bargaining Unit Fire Management Bargaining Unit Firefighters Union Local 3688 2 Conference with Legal Counsel - Existing Litigation: The City Council will discuss the following pending litigation(s) pursuant to Government Code Paragraph (1) of Subdivision (d) of Section 54956.9: (a) Ada Richardson CR-07-0500071 (b) Christopher Guerrero CR-09-0500073 (c) Victor Gregory CR-11-0000006 3 Conference with Real Property Negotiator. The City Council will confer with its real property negotiator concerning the following properties pursuant to Government Code Section 54956.8: 1. Subject: Price and Terms - Acquisition of Real Property Location: APN# 0133-261-07 Negotiators: Marcus Fuller, Public Works Director/City Engineer Alejandro Barragan & Maria De Zepedea City of Rialto Page 3 Printed on 8/26/2013 City Council Regular Meeting August 27, 2013 4 Conference with Real Property Negotiators regarding the following properties pursuant to Government Code Section 54956.8: Property: APN 0264-212-28 3.91 acres of land at Rialto Airport 24 T-Hangar Units City Negotiator: Robb R. Steel/Development Services Director Negotiating Parties: Dr. Larry Leiske Rialto Economic Development Associates Under negotiation: Price and terms of payment 5 Conference with Legal Counsel - Existing Litigation: The City Council will discuss the following pending litigation (s) pursuant to Government Code Paragraph (1) of Subdivision (d) of Section 54956.9(a): Rialto Professional Firefighters, Local 3688 v. City of Rialto, et al. San Bernardino County Superior Court Case No. CIVDS1304465 Tuan Nguyen v. City of Rialto, et al. San Bernardino County Superior Court Case No. CIVDS1309032 6 Conference with Legal Counsel - Anticipated Litigation: The City Council will discuss the following pending litigation (s) pursuant to Government Code Paragraph (4) of Subdivision (d) of Section 54956.9: (One potential case) 7 Conference with Legal Counsel - The City Council will discuss the following employee performance evaluation pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE City of Rialto Page 4 Printed on 8/26/2013 City Council Regular Meeting August 27, 2013 INVOCATION City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 Planning Commission Annual Report-Jerry Gutierrez, Chairperson. 2 Report by Congressmember Gloria Negrete Mcleod. ORAL COMMUNICATIONS City Council to consider removing or continuing any items on the agenda NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine by the City Council and will be enacted by one motion in the following form listed. There will be no separate discussion on these items. If discussion is required, the item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call. CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES 1. Waive reading in full, all ordinances considered at this meeting. B. APPROVAL OF WARRANT RESOLUTIONS B.1 Resolution No. 48 (06/14/13) B.2 Resolution No. 49 (06/21/13) C. APPROVAL OF MINUTES C.1 Regular City Council Meeting - June 11, 2013 D. MISCELLANEOUS D.1 Request City Council to Approve a Letter of Support and Resolution ____ to Protect the Tax-Free Status of Municipal Bonds D.2 Request City Council to Authorize the Release of Request for Bids No. 14-017 for Electronic Waste Recycling Services. D.3 Request City Council to Approve Professional Services Agreement with Converse Consultants (“Converse”) for Environmental Consulting Services - Phase II Assessment of Property located at 113 S. Riverside Avenue in the Amount of $13,420 City of Rialto Page 5 Printed on 8/26/2013 City Council Regular Meeting August 27, 2013 D.4 Request City Council to Approve the Agreement between the Rialto Unified School District and the City of Rialto for One School Resource Officer. D.5 Request City Council to Adopt Resolution No. ____ Approving Parcel Map 19411 and an Associated Subdivision Improvement Agreement with I-210 Logistics Center Fund X, LLC, for a Parcel Map Located at the Northwest Corner of Base Line Road and Maple Avenue, in Section 33, Township 1 North, Range 5 West. D.6 Request City Council to Accept Funding from Kaiser Permanente Fontana Community Benefit Grant for the Healthy Rialto Program and Approve a Budget Resolution Appropriating $15,000. D.7 Request City Council to adopt Ordinance No. 1531. ORDINANCE NO. 1531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADDING A NEW CHAPTER 11.05 TO THE TO THE RIALTO MUNICIPAL CODE, REGARDING ENCROACHMENT LICENSE AGREEMENTS. D.8 Request City Council to Approve a Budget Resolution Appropriating $39,000 From Measure I Fund (Fund 202) and Approve the Second Amendment to the Professional Services Agreement with Dan Guerra & Associates in the Amount of $39,000 for a Total Contract Amount of $375,240 for the Rails to Trails Project, City Project No. 080803. TAB PUBLIC HEARING TAB 1 Request City Council to Conduct a Continued Public Hearing to Consider an Ordinance of the City Council of the City of Rialto, Adding Chapter 3.33 and Replacing Chapters 3.34, 3.36, 3.40, 3.44, 3.48, 3.52, 3.56, 3.60, 3.64, 3.68 and 3.72 of the Rialto Municipal Code Relating to Development Impact Fees. TAB 2 Request City Council to Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the First Quarter of 2013. TAB NEW BUSINESS TAB 3 Request City Council to Consider and Approve: (1) Purchase and Sale Agreement by and between the City of Rialto and Brand Growth, Inc. and (2) Amendment No. 1 to a Participation Agreement by and Between the City of Rialto and Fernando Acosta R.E, Inc. City of Rialto Page 6 Printed on 8/26/2013 City Council Regular Meeting August 27, 2013 TAB 4 Request City Council to Authorize Change in Budgeted Positions; Approve Resolution Revising City’s Classification Schedule and Job Descriptions; and Approve Resolution to Amend the Budget for the 2013-2014 Fiscal Year. TAB 5 Request City Council to Authorize the Purchase of Four Undercover Vehicles for Administrative Purposes in the Total Amount of $99,285 and to Adopt a Budget Resolution Appropriating Funds in the Amount of $50,000 for the Purchase. TAB 6 Request City Council to Discuss the Agreement for Legal Services with Gutierrez, Fierro & Erickson, A Professional Corporation REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 7 Printed on 8/26/2013