City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, April 22, 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 Barbara A. McGee City Clerk Edward Carrillo City Treasurer Fred Galante City Attorney Mike Story City Administrator City Council Regular Meeting April 22, 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.1543 Next Resolution No. 6541 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 4/17/2014 City Council Regular Meeting April 22, 2014 1 14-259 Conference with Legal Counsel - Existing Litigation: The City Council will discuss the following pending litigation(s) pursuant to Government Code Section 54956.9(d)(1): (a) San Bernardino Valley Municipal Water District v. San Gabriel Valley Water d.b.a. Fontana Water Company, et al S.B. Superior Court Case No. CIVDS1311085 (b) City of Rialto v. City of Fontana, et al. and related case S.B. Superior Court Case No. CIVDS1402525 (c) San Bernardino Flood Control District v. State of California ex rel Dept. of Transportation S.D. Superior Court Case No. 37-2009-00082535-CU (d) Gabriel Brown v. City of Rialto, et al. S.B. Superior Court Case No. CIVDS1310819 (e) Tuan Nguyen v. City of Rialto S.B. Superior Court Case No. CIVDS1309032 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Joe Baca Jr. INVOCATION - Pastor Daniel Hlebo - Calvary Chapel Rialto City Attorney’s Report on Closed Session City of Rialto Page 3 Printed on 4/17/2014 City Council Regular Meeting April 22, 2014 PRESENTATIONS AND PROCLAMATIONS 1 14-247 Presentation-Rialto Police Department Fitness Challenge-Lt. Kurkoske 2 14-248 Proclamation-Fair Housing Month-Mayor Robertson 3 14-252 Proclamation-Earth Day 2014-Mayor Robertson 4 14-251 Proclamation-Mormon Helping Hands Day 2014-Mayor Robertson 5 14-249 Proclamation/Certificates of Appreciation-Rialto Amateur Radio Club Council Member Hirtz 6 14-261 Certificate of Recognition-Mallory Saldana-Council Member Hirtz 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 (ACTION) B.1 14-254 Resolution No. 38 (04/04/14) Attachments: Agenda item b-1 B.2 14-255 Resolution No. 39 (04/11/14) Attachments: Agenda item b-2 C. APPROVAL OF MINUTES C.1 14-264 Regular City Council Meeting - March 25, 2014 Attachments: March 25, 2014 D. SET PUBLIC HEARING City of Rialto Page 4 Printed on 4/17/2014 City Council Regular Meeting April 22, 2014 D.1 14-237 Request City Council to Set a Public Hearing for May 13, 2014, for Conditional Development Permit No. 733: A request to allow the development of a gas station consisting of a 3,354 square foot overhead canopy with six (6) fuel dispensers. The project site is a 1.01 acre parcel of land within an existing shopping center located at the northeast corner of Riverside Avenue and Galway Street within the C-1 (Neighborhood Commercial) zone. Attachments: Exhibit A - Location Map Exhibit B - Project Plans Exhibit C - Initial Study Exhibit D - MMRP Exhibit E - NOD D.2 14-234 Request City Council to Set a Public Hearing for May 27, 2014, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the Fourth Quarter of the 2013 Calendar Year Attachments: Attachment 1 E. MISCELLANEOUS E.1 14-211 Request City Council to Approve and Authorize Upgrade of Existing Version of Nixle to the Comprehensive Nixle 360 Platform in the Amount of $24,190.00 from Nixle, LLC. Attachments: NIXLE.pdf Signed Nixle Sole Source.PDF E.2 14-232 Request City Council to Approve Amendment No. 1 to the Bikeway License Agreement No. C09168 with San Bernardino Associated Governments. Attachments: Attachment 1 Attachment 2 E.3 14-233 Request City Council to Approve Agreement for Conveyance of Property with Anthia Aghadjanian and Jeffrey Aghadjanian in the amount of $30,000 for a Portion of the Vacant Property located on N. Cactus Avenue (APN 0130-013-02) for the Cactus Avenue Widening, City Project No. 130809. Attachments: Attachment 1 Attachment 2 Attachment 3 City of Rialto Page 5 Printed on 4/17/2014 City Council Regular Meeting April 22, 2014 E.4 14-235 Request City Council to approve travel and training request for Mayor Deborah Robertson to attend the ICSC RECON Convention, May 18-24, 2014, and the 82nd Conference of Mayors, June 20-23, 2014. Attachments: Travel Green - ICSC Travel Green - 82nd Conf of Mayors E.5 14-236 Request that City Council to receive and file the Statement of Income and Expenses related to the Airport Escrow Account for March 2014. Attachments: Exhibit A Airport Escrow Statement of Income and Expense Exhibit B FSB Statement March 2014 Exhibit C CalTrust Airport Mar 2014 E.6 14-240 Request that City Council to Adopt Resolution No. 6540 for the Placement of Liens Against Abandoned Properties for Failure to Comply with Administrative Citation to Correct Code Violations. Attachments: Exhibit A Exhibit B Exhibit C E.7 14-241 Request that City Council Approve Side Letter Agreement No. 1 with the San Bernardino Public Employees Association (SPBEA) General Bargaining Unit Regarding Clarification of Public Employees Retirement System (PERS) Contributions. Attachments: SBPEA SIDE LTR 1 TAB PUBLIC HEARING TAB 1 14-225 Request that City Council to Conduct a Public Hearing to approve the 2014 Weed Abatement Program. (ACTION) Attachments: Resolution - Weed Abatement 2014 Exhibit A - Weed Abatement List 2014 TAB 2 14-228 Request City Council to Conduct a Public Hearing to Consider and Approve the City’s 2014-2015 Annual Action Plan and Substantially Amend the City’s 2013-2014 Annual Action Plan. (ACTION) Attachments: Exhibit A - 2014-2015 Budget 03-13-14 Exhibit B - Public Service-Recommended funding 03-13-14 Exhibit C - Capital Projects -Recommended Funding 03-13-14 Exhibit D - Administration -Approved Funding 03-13-14 Exhibit E - Notice of Public Hearing City of Rialto Page 6 Printed on 4/17/2014 City Council Regular Meeting April 22, 2014 TAB NEW BUSINESS TAB 3 14-243 Request that City Council: (1) Introduce by first reading Ordinance No. 1542, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTION 2.07.010 OF THE RIALTO MUNICIPAL CODE REGARDING THE CITY CLERK’S DUTIES IN MAINTAINING THE MINUTES OF CITY COUNCIL PROCEEDINGS,” and (2) Request the City Clerk to revise the minutes of proceedings of the City Council and its related agencies dating back from June 25, 2013, to include the details required in the proposed Ordinance. (ACTION) ORDINANCE NO. 1542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTION 2.07.010 OF THE RIALTO MUNICIPAL CODE REGARDING THE CITY CLERK’S DUTIES IN MAINTANING THE MINUTES OF CITY COUNCIL PROCEEDINGS Attachments: Ordinance TAB 4 14-231 Request City Council to Approve an Eighth Amendment to the Professional Services Agreement with Albert A. Webb Associates for the Ayala Drive Widening Project in the Amount of $27,323 for a Total Contract Amount of $676,818. (ACTION) Attachments: Attachment 1 TAB 5 14-244 Request that City Council Approve Amendment No. 3 to Employment Agreement between the City of Rialto and Michael Story, City Administrator for changes to be effective from July 1, 2014 through December 31, 2015. (ACTION) Attachments: Amendment REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 7 Printed on 4/17/2014 City Council Regular Meeting April 22, 2014 City of Rialto Page 8 Printed on 4/17/2014