City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, September 8, 2015 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY AUTHORITY City Council Mayor Deborah Robertson Mayor Pro Tem Joe Baca Jr. Council Member Edward Palmer Council Member Shawn O'Connell Council Member Ed Scott Barbara A. McGee City Clerk Edward Carrillo City Treasurer Fred Galante City Attorney Mike Story City Administrator City Council Regular Meeting September 8, 2015 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 meeting 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. 1563 Next Resolution No. 6828 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 City of Rialto Page 2 Printed on 9/3/2015 City Council Regular Meeting September 8, 2015 5:00 p.m. CLOSED SESSION 1 15-653 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) City of Colton v. American Promotional Events, Inc, et al CD Cal Case No. ED CV 09-01864 PSG(SSx) and consolidated cases (b) Gwendolyn Hawkins v. City of Rialto S.B. Superior Court Case No. CVDS1311457 2 15-657 Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 3 15-656 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: (a)Subject: Price and Terms - Contract of Sale Location: Rialto Municipal Airport Property (Generally, the southwest corner of Ayala Drive and Renaissance Parkway) Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Bryan Goodman, Lewis Hillwood Rialto, LLC. 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Council Member Ed Palmer INVOCATION-Pastor Bratton, Greater Faith Grace Bible Church City Attorney’s Report on Closed Session City of Rialto Page 3 Printed on 9/3/2015 City Council Regular Meeting September 8, 2015 PRESENTATIONS AND PROCLAMATIONS 1 15-613 Presentation-CalGrip Program Update-M.H.M and Associates CEO Luvina Beckley Knight 2 15-608 Presentation-Property Pride Awards-Beautification Commission Chairperson Andy Carrizales 3 15-643 Presentation-2014 Utilities Commission Annual Report Vice Chairperson June Hayes Attachments: Final Annual Report 2014 Presentation 09-03-15 4 15-639 Presentation-Water Program Conservation Plan Update Public Works Director Robert Eisenbeisz Attachments: Water Conservation Presentation RGE 9-8-15 5 15-658 Introduction of New Community Services Director: Perry Brents City Administrator Mike Story 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 (ACTION) 1. Waive reading in full, all ordinances considered at this meeting. B. APPROVAL OF WARRANT RESOLUTIONS B.1 15-641 Resolution No. 08 (08/28/15) Attachments: Warrant Resolution No. 8 B.2 15-642 Resolution No. 09 (09/04/15) Attachments: Warrant Resoluton No. 9 C. APPROVAL OF MINUTES C.1 15-644 Regular City Council Meeting - August 25, 2015 Attachments: August 25, 2015 City of Rialto Page 4 Printed on 9/3/2015 City Council Regular Meeting September 8, 2015 D. SET PUBLIC HEARING D.1 15-625 Request City Council to Set a Public Hearing for September 22, 2015, to consider an appeal of the Planning Commission decision to deny Conditional Development Permit No. 769 and Variance No. 709 requesting a Type 21 (Off-Sale General) liquor license from the California Department of Alcoholic Beverage Control for the sales of general alcoholic beverages for off-site consumption at an existing convenience market located at 509 W. Foothill Boulevard within the C-P (Commercial Pedestrian) zone of the Foothill Boulevard Specific Plan. Attachments: Exhibit A - Location Map Exhibit B - July 8, 2015 Staff Report Exhibit C - Planning Commission Resolution of Denial for CDP No. 769 Exhibit D - Planning Commission Resolution of Denial for VAR No. 709 Exhibit E - Notice of Hearing E. MISCELLANEOUS E.1 15-586 Request City Council to Receive and File the Statement of Income and Expenses related to the Miro Way and Alder Avenue Escrow Accounts for July 2015. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense Exhibit B Miro Way Statements Exhibit C Alder Escrow Statements E.2 15-593 Request Rialto Utility Authority to Approve the Eighth Extension of Termination Date for the Site Use Agreement by and between the Rialto Utility Authority and Rialto Bioenergy Facility LLC. Attachments: Exhibit A Eighth Extension to Site Use Agreement 15-593 - Exhibit A Eighth Extension to Site Use Agreement.doc E.3 15-594 Request City Council to (1) Accept the Maple Avenue Storm Drain Improvements & Rialto Unified School District Ramp, City Project No. 150806; (2) Authorize Filing of the Notice of Completion; and (3) Release of Retention to Vailston Company, Inc. Attachments: Attachment 1 - NOC - Maple Ave Storm Drain - 8-13-2015 Attachment 2 - NOE Attachment 3 - GASB34 City of Rialto Page 5 Printed on 9/3/2015 City Council Regular Meeting September 8, 2015 E.4 15-595 Request City Council to (1) Accept the 2014/15 Annual Curb, Gutter and Sidewalk Improvement Project, City Project No. 150803; (2) Authorize Filing of the Notice of Completion and (3) Release of Retention to Carvajal Trucking & Tractor, Inc. Attachments: Attachment 1 - NOC - Curb Gutter Sidewalk - 8-13-2015 Attachment 2 - Notice of Exemption E.5 15-611 Request City Council to Adopt Resolution No. 6815 Approving Parcel Map 17957 for the Subdivision of a 3.81 Acres and Creation of 15 Residential Lots Located on the West Side of Cedar Avenue between Summit Avenue and Bohnert Avenue, and the Associated Subdivision Improvement Agreement. Attachments: Attachment No. 1 - T.M. 17957 - 8-15-06 P.C. Report Attachment No. 2 - T.M. 17957 - 8-21-08 P.C. Report - Extension of Time Attachment No. 3 - T.M. 17959 - 8-21-08 - Extension of Time Attachment No. 4 - T.M. 17957 - AB 116 Attachment No. 5 - T.M. 17957 Attachment No. 6 - T.M. 17957 Subdivision Agreement Attachment No. 7 - T.M. 17957 Faithfull Performance, Labor Materials Bond Attachment No. 8 - T.M. 17957 Monumentation Bond Attachment No. 9 - T.M. 17957 Notice of Declaration Resolution Approve TM 17957 9-08-15 E.6 15-617 Request City Council to Approve the Contract Specifications and Authorize the Release of Request for Bids No. 16-016 for the 2015/2016 Annual Slurry Seal, City Project No. 160806. Attachments: Attachment 1 - Zone Map Attachment 2 - Zones 1 & 5 Maps & Streets Attachment 3 - NIB Attachment 4 -NOE E.7 15-618 Request City Council to Approve the Contract Documents and Authorize the Release of Request for Bids No. 16-017 for the Baseline Road & Acacia Avenue Traffic Signal Upgrade Project, City Project No. 140815. Attachments: Attachment 1 - NIB Attachment 2 - CE NEPA 09-03-14 Attachment 3 - CE NEPA revalidation 06-30-15 Attachment 4 - Notice of Exemption City of Rialto Page 6 Printed on 9/3/2015 City Council Regular Meeting September 8, 2015 E.8 15-620 Request City Council to Adopt Resolution No. 6816 for the Placement of Liens Against Abandoned Properties for Failure to Comply with Administrative Citation to Correct Code Violations. Attachments: Exhibit A Lien Issuance Exhibit B - Resolution E.9 15-622 Request City Council to Accept the Fiscal Year 2015 U.S. Department of Homeland Security Grant Funds and Approve Budget Resolution No. 6817 to Increase Revenue and Appropriate Expenditures in the Amount of $23,761. Attachments: FY15 HSGP Fire Jurisdiction Allocation FY2015 Equipment Project Worksheet - Rialto FD Budget Reso E.10 15-629 Request City Council to (1) Accept the Pepper Avenue Widening (Shamrock Street to Madrona Street) City Project No. 130811, Pepper Avenue Sound Walls, and Pepper Avenue Overlay, City Project No. 000893; (2) Authorize Filing of the Notice of Completion; and (3) Release of Retention to Mamco, Inc. (dba: Alabassi), a California corporation. Attachments: Attachment 1 - NOC - Pepper Avenue Attachment 2 NOE Attachment 3 - GASB34 E.11 15-638 Request City Council to (1) Accept the 2013/14 Citywide Roof Repairs Project, City Project 100214; (2) Authorize Filing of the Notice of Completion; and (3) Release of Retention to Bell Roof Company, a California corporation. Attachments: Attachment 1 - NOC - Citywide Roof Repairs TAB PUBLIC HEARING TAB1 15-631 Request City Council to Conduct a Public Hearing to Consider and Approve the City’s CDBG 2014-2015 Consolidated Annual Performance and Evaluation Report. (ACTION) Attachments: 14-15 CAPER Final Draft wAppendices 8-31-15 City of Rialto Page 7 Printed on 9/3/2015 City Council Regular Meeting September 8, 2015 TAB2 15-600 Request City Council to Conduct a Public Hearing and Adopt Resolution No. 6818 Approving the Vacation of Existing Excess Right-of-Way and Authorizing the City Administrator to execute a Quitclaim Deed to Convey Underlying title to Excess Right-of-Way for Casmalia Street between Linden Avenue and Locust Avenue and Existing Excess Right-of-Way for Linden Avenue between Casmalia Street and Norwood Street. (ACTION) Attachments: Attachment 1 - ROW Vacation Request Attachment 2 - August 26, 2015 PC Staff Report and Resolution Attachment 3 - Public Notices Attachment 4 - RSP Exhibit Attachment 5 - CC Resolution Attachment 6 - Quitclaim Deed Attachment 7 - CC Resolution- Exhibit A, B and C TAB3 15-632 Request City Council to Conduct a Public Hearing to Review and Adopt Resolution No. 6819, the Revised 2010 Urban Water Management Plan. (ACTION) Attachments: Attachment 1 - DWR Deficiency Letter Re 2010 UWMP Attachment 2 - Rialto 2010 UWMP Final Update Deficiencies Resolution TAB NEW BUSINESS TAB4 15-634 Request City Council to Approve a Sixth Amendment to the Professional Services Agreement with Lynn Merrill in the Amount of $35,184.80 for CIP Program Support and Document Scanning Support for Fiscal Year 2015/16 for a total amended compensation of $455,091.91. (ACTION) Attachments: 6th Amendment PROPOSAL - FY 15-16 CIP Support - 8-13-2015 TAB5 15-623 Request City Council to Approve a one (1) Year Extension of the Fiscal Year 2013-14 Award to Life-Assist Inc. and Approve a Purchase order for Fiscal Year 2015-16 to Life-Assist for Emergency Medical Supplies in the Amount of $115,000. (ACTION) Attachments: Staff Report Attachment Life-Assist 2013 City of Rialto Page 8 Printed on 9/3/2015 City Council Regular Meeting September 8, 2015 TAB6 15-636 Request City Council to Adopt Resolution No. 6820 declaring that no fines or other penalties shall be issued for maintaining brown lawns or for otherwise complying with the City’s water conservation requirements during a proclaimed drought emergency or when the City Council establishes a stage of water conservation beyond Stage 1 pursuant to Chapter 12.20 of Title 12 of the Rialto Municipal Code. (ACTION) Attachments: Resolution suspending enforcement of conflicting public nuisance provisions TAB7 15-542 Request that the Mayor Appoint an Ad Hoc Subcommittee for the Purpose of Negotiating Changes in the Contracts of Sale for the Renaissance Rialto Project, to Negotiate the Terms of a Development Agreement, and Advise regarding Proposed Changes to the Renaissance Specific Plan. (ACTION) TAB8 15-630 Request City Council to introduce by first reading of Ordinance No. 1562, entitled “AN ORDINANCE OF THE CITY OF RIALTO TO AMEND THE MUNICIPAL CODE BY ADDING CHAPTER 15.05 TO PROVIDE FOR AN EXPEDITED STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS”, reading by title only and waiving further reading thereof. (ACTION) Attachments: Exhibit A - Ordiance - Residental Roof Solar TAB9 15-379 Request City Council to Adopt Resolution No. 6821 Approving an Operating Memorandum to the Development Agreement by and between the City of Rialto and I-210 Logistics Center II Fund IX, LLC. (ACTION) Attachments: Exhibit A -Attachment No. 4 - I-210 Extracted pages from RECORDED - 210 LOGISTICS CENTER DA Exhibit B - Attachment No.4 - Extracted pages I-210 LOGISTICS II - DEVELOPMENT AGREEMENT Exhibit C - I-210 I DA - Operating Memorandum(2014-0347052) Exhibit D - Escrow Agreement and In-Lieu Fee Deposit Exhibit E - Executed ERN Miro Assignment 3 9 2015 Exhibit F - Operating Memorandum re I-210 Logistics Center II Dev (v5) Exhibit G - In-Lieu Fee Estimated Costs Exhibit H- Resolution Operating Memorandum I-210 - II (In-lieu Fee) City of Rialto Page 9 Printed on 9/3/2015 City Council Regular Meeting September 8, 2015 TAB10 15-437 Request City Council to Adopt Resolution No. 6822 Approving an Amended and Restated Construction Reimbursement Agreement by and between the City of Rialto and Lewis-Hillwood Rialto Company, LLC and Adopt Resolution No. 6823 Authorizing an Advance of $805,780 from the Airport Escrow Fund. (ACTION) Attachments: Exhibit A LHR Amended and Restated Construction Reimbursement Agreement for Miro Way 9.08.15 FI Exhibit B City Council Resolution Approving Amended Construction Reimbursement Agreement Exhibit C Budget Resolution TAB11 15-599 Request City Council to Adopt (1) Resolution No. 6824 Approving a Construction and Credit Agreement in the amount of $593,777 by and between the City of Rialto and Wal-Mart Stores, Inc. and (2) Budget Resolution No. 6825 to Increase Expenditures from Fund Account 250-500-4672-3001. (ACTION) Attachments: Exhbit A - Exhibit F to Wal-Mart DA - Reimburseable Improvements Exhibit B - (Walmart) Construction and Credit Agreement with PKL Edits 8 25 15 (v4) Exhibit C - Depiction of Improvements Exhibit D - Resolution - Construction and Credit Agreement - Exhibit E - Budget Resolution TAB12 15-619 Request City Council to Approve the Program Description for the Mobile Home Repair Program Funded in the amount of $60,000 by the Fiscal Year 2015-16 Community Development Block Grant Program. (ACTION) Attachments: Exhibit A - Rialto-Agreement-Mobile Home Repair Exhibit B - Mobile Home Repair Program Description 2015 TAB13 15-579 Request City Council to Adopt Resolution No. 6826 Approving the Facility Operation Agreement by and among the City of Rialto, the Rialto Utility Authority, and KORE Infrastructure LLC. (ACTION) Attachments: Exhibit A KORE Project Description and Photos Exhibit B PC Staff Report in re KORE Exhibit C PC Resolution Exhibit D Site and Landscape Plans Exhibit E KORE FOA FINAL 9.08.15 City Council Version Exhibit F Air Quality District Permits for KORE Exhibit G Communications Exhibit H Host Fee Forecasts Exhibit I 15-579 Resolution - biosolid processing facility operation agreement City of Rialto Page 10 Printed on 9/3/2015 City Council Regular Meeting September 8, 2015 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 11 Printed on 9/3/2015