City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, January 28, 2014 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 January 28, 2014 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 1/27/2014 City Council Regular Meeting January 28, 2014 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 2 Conference with Legal Counsel - Existing Litigation. The City Council will discuss the following pending litigation pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9: (a) R.C. Construction Services, Inc. v. City of Rialto San Bernardino County Superior Court Case No. CIVDS1211786 (b) San Bernardino County Flood Control District v. City of Rialto San Diego County Superior Court Case No . 37-2009-0008235-CU-EI-CTL 3 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 4 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: Two potential (cases) City of Rialto Page 3 Printed on 1/27/2014 City Council Regular Meeting January 28, 2014 5 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: Property: 1462 North Fitzgerald Avenue Suite A Rialto Municipal Airport City Negotiator: Robb R. Steel/Development Services Director Negotiating Parties: Joe Ciabattoni, Tenant Under Negotiation: Price and terms of leasehold acquisition & relocation 6 Conference with Legal Counsel - Existing Litigation. The City Council and the City Council acting in its capacity as the successor agency to the Redevelopment Agency of the City of Rialto will discuss the following pending litigation pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9: Southern California Edison Company v. City of Rialto, as the Successor Agency to the Redevelopment Agency of the City of Rialto San Bernardino County Superior Court Case No. CIVDS1211215 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 Proclamation - Wear Red Day 2014 - Mayor Robertson City of Rialto Page 4 Printed on 1/27/2014 City Council Regular Meeting January 28, 2014 2 Presentation - Police Citizen’s Academy Graduates - Police Chief Farrar 3 Presentation - Fire Station #202 Style Award - Fire Chief Fratus 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. 25 (01/03/14) B.2 Resolution No. 26 (01/10/14) B.3 Resolution No. 27 (01/17/14) B.4 Resolution No. 27A (01/17/14) C. APPROVAL OF MINUTES C.1 Regular City Council Meeting - December 10, 2013 D. SET PUBLIC HEARING D.1 Request City Council to Set a Public Hearing for February 11, 2014 to Consider a Proposed Ordinance Adding Chapter 9.45 to Title 9 of the Rialto Municipal Code to Prohibit the Existence and Operation of Mobile Medical Marijuana Dispensaries Within the Jurisdictional Boundaries of the City of Rialto. D.2 Request City Council to Set a Public Hearing for February 25, 2014 to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the Third Quarter of the 2013 Calendar Year City of Rialto Page 5 Printed on 1/27/2014 City Council Regular Meeting January 28, 2014 D.3 Request City Council to Adopt Resolution No. ____ Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2014/2015; and to Adopt Resolution No. ____ Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting District No. 2 and Conduct a Property Owner Protest Ballot Proceeding On The Matter of the New Assessments Related Thereto Commencing with Fiscal Year 2014/2015; and to Request City Council to Set a Public Hearing for March 25, 2014 to Conduct a Property Owner Protest Ballot Proceeding. E. MISCELLANEOUS E.1 Request City Council to Adopt a Resolution for the Placement of Liens Against Abandoned Properties for Failure to Comply with Administrative Citation to Correct Code Violations. E.2 Request City Council to receive and file the Statement of Income and Expenses related to the Airport Escrow Account for December 2013. E.3 Request City Council to approve 2014 Investment Policy E.4 Request City Council to Authorize the Release of Request for Proposals No. 14-053 for Engineering, Landscape Design and Project Management Services for the Rialto Community Garden Project. E.5 Request City Council Approval of a Resolution to Authorize the Submission of Grant Application to Southern California Area Governments (SCAG) for the California Department of Transportation (Caltrans) Planning Grant Program in the Partnership Planning for Sustainable Transportation Category. E.6 Request City Council to Receive and File the Vehicle Abatement Procedure. TAB PUBLIC HEARING TAB 1 Request City Council to Conduct a Public Hearing to Consider and Adopt Addendum No. 1 to the Mitigated Negative Declaration for the Ayala Drive Widening Project (SCH# 2012031078), City Project No. 090804 TAB 2 Request City Council to conduct the Public Hearing to consider an Amendment to Section 18.71 (Historical Preservation) of the Rialto Municipal Code to increase the number of board members from five (5) to seven (7) and establish the Planning Commission as the Historic Preservation Board. City of Rialto Page 6 Printed on 1/27/2014 City Council Regular Meeting January 28, 2014 TAB NEW BUSINESS TAB 3 Request City Council to Receive a Report of the Beautification Commission Responding to the City Council’s Request for Recommendations Regarding Improving Commercial Properties in Rialto. TAB 4 Request City Council to waive the first reading and pass to second reading of the proposed Ordinance Amending Chapter 15.08 of the Rialto Municipal Code (RMC) adopting the 2013 Editions of the California Building Codes and other related codes. TAB 5 Request City Council to Approve a Resolution for the Appropriation of $231,208 of Neighborhood Stabilization Program Three (NSP3) Program Income to the Acquisition, Rehabilitation and Resale Program. TAB 6 Request City Council to Approve a Letter of Intent Agreement in the Amount of $69,800 with Siemens Industry, Inc., to Initiate an Energy Savings Performance Contract for a Citywide Street Light Acquisition and Retrofit Project. TAB 7 Request City Council to Adopt a Budget Resolution Appropriating $700,000 from the 2008 Series A Bond Fund (Fund 336) to Accommodate Approval of Various Actions Related to the Pepper Avenue Extension Project, City Project No. 000893. TAB 8 Request City Council to Adopt a Budget Resolution Appropriating $100,000 from the Local Measure I Fund (Fund 201); and Request City Council to Approve the Contract Documents and Authorize the Release of Request for Bids No. 14-050 for the 2012/13 & 2013/14 Annual Curb, Gutter and Sidewalk Improvement Project, City Project No. CB1304 and CB1404, and Eucalyptus Avenue Widening Project, City Project 140808. TAB 9 Request City Council Approval of an Agreement for City Attorney Legal Services between the City of Rialto and the Legal Firm of Aleshire and Wynder LLP. REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: City of Rialto Page 7 Printed on 1/27/2014 City Council Regular Meeting January 28, 2014 ADJOURNMENT City of Rialto Page 8 Printed on 1/27/2014