City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, January 26, 2016 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 January 26, 2016 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.1565 Next Resolution No. 6881 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 1/25/2016 City Council Regular Meeting January 26, 2016 1 16-043 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) Donna Crow v. City of Rialto WCAB CR-12-005071 (b) Jacquelyn Haynie v. City of Rialto WCAB CR-14-005052 (c) Frank Pena v. City of Rialto WCAB CR-07-0500006 2 16-047 Conference with Labor Negotiator regarding the following recognized employee organization pursuant to Government Code Section 54957.4: Agency designated representatives: Fred Galante, City Attorney George Harris, Administrative and Community Services Director Employee organizations: RPBA Bargaining Unit City of Rialto Page 3 Printed on 1/25/2016 City Council Regular Meeting January 26, 2016 3 16-045 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 - Right of Way Acquisition Location: Portions of APN 0240-201-05 Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Goldstein & Gould Trust (b)Subject: Price and Terms - Right of Way Acquisition Location: Portions of APN 0240-201-08 Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Yigal Hovav (c)Subject: Price and Terms - Right of Way Acquisition Location: Portions of APN 0240-201-38, 45, 46, & 47 Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Ly & Yam (d)Subject: Price and Terms - Right of Way Acquisition Location: Portions of APN 0240-201-02, 31; Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Morin Trust (e)Subject: Price and Terms - Right of Way Acquisition Location: Portions of APN 0240-201-04, 30; Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Reddy (f)Subject: Price and Terms - Right of Way Acquisition Location: Portions of APN 0240-201-41; Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. TSS Family LLC City of Rialto Page 4 Printed on 1/25/2016 City Council Regular Meeting January 26, 2016 (g)Subject: Price and Terms - Right of Way Acquisition Location: Portions of APN 0240-201-34 Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Christine White (h)Subject: Price and Terms - Right of Way Acquisition Location: Portions of APN 0240-201-10 Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Howard and Lucille Williams (i)Subject: Price and Terms - Right of Way Acquisition Location: Portions of APN 0240-201-09, 40 Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Maggie Williams (j)Subject: Price and Terms - Acquisition of Real Property Location: APN 0240-221-28 Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. John Murphy, Rosemead Properties 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Deborah Robertson INVOCATION-Pastor Martin,Love, Peace & Happiness Family Christian Fellowship City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS City of Rialto Page 5 Printed on 1/25/2016 City Council Regular Meeting January 26, 2016 1 16-039 Presentation-Property Pride Awards-Beautification Commission Chairperson Andy Carrizales Attachments: holiday decoration 1 26 2016 2 16-048 Proclamation-Burn Awareness Week-Mayor Deborah Robertson 3 16-050 Certificates of Recognition to Taylor Jackson and Meiona Ervin-Inland Valley Volleyball Classic-Mayor Deborah Robertson 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 16-040 Resolution No. 26 (01/15/16) Attachments: Warrant Resolution No. 26 B.2 16-041 Resolution No. 27 (01/22/16) Attachments: Warrant Resolution No. 27 C. APPROVAL OF MINUTES C.1 16-042 Regular City Council Meeting - January 12, 2016 Attachments: January 12, 2016 D. SET PUBLIC HEARING D.1 16-017 Request City Council to Set a Public Hearing for February 23, 2016, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 3rd Quarter of the 2015 Calendar Year. Attachments: Residential and Commercial Lien List 3rd Qtr. 2015 E. MISCELLANEOUS City of Rialto Page 6 Printed on 1/25/2016 City Council Regular Meeting January 26, 2016 E.1 15-869 Request City Council to (1) Accept the Cedar Avenue Storm Drain Improvement Project, City Project No. 120801; (2) Authorize Filing of the Notice of Completion; and (3) Release Retention to Downing Construction, Inc., a California corporation. Attachments: Attachment 1 NOC_11-30-15 Attachment 2 NOE E.2 15-901 Request City Council to Approve 2016 Investment Policy. Attachments: INV. POLICY 2016 E.3 16-002 Request City Council to Adopt Resolution No. 6875 for the Placement of Liens Against Abandoned Properties for Failure to Comply with Administrative Citation to Correct Code Violations. Attachments: Exhibit A - Lien List Exhibit B - Resolution E.4 16-010 Request City Council to Approve a Purchase Order with Burrtec Waste Industries in the Amount of $23,463 for Cover Mulch for the City Median Conversion Projects. Attachments: Attachment 1 E.5 16-011 Request City Council to Approve Purchase Order with Imperial Sprinkler Supply for Drip Irrigation Supplies in the amount of $28,451.81 for the City Median Conversion Projects. Attachments: Attachment 1 E.6 16-016 Request City Council to Approve the Agreement with OmniEarth and Santa Ana Watershed Project Authority (SAWPA) to participate in the Technology Based Information System: Web Based Water Consumption Reporting, Analytics and Customer Engagement Tool Program for a total amount of $16,995. Attachments: RIALTO SAWPA App to Participate_151108 (1) E.7 16-018 Request City Council to Adopt Resolution No. 6876 Approving the Annual Submittal of an Application for Funding from the California Department of Resources Recycling and Recovery for the Beverage Container Recycling Payment Program. Attachments: Resolution Grant Submittal Authorization E.8 16-022 Request City Council to Adopt Resolution No. 6877 Approving the Fiscal Year 2013/14 and Fiscal Year 2014/15 AB 1600 Development Impact Fee Report and Making Certain Findings. Attachments: Exhibit A - FY14 AB1600 Annual Report Exhibit B - FY15 AB1600 Annual Report (DRAFT) Exhibit C - Resolution (1) City of Rialto Page 7 Printed on 1/25/2016 City Council Regular Meeting January 26, 2016 E.9 16-023 Request City Council, Acting as Successor Agency to the Redevelopment Agency for the City of Rialto, to Adopt Resolution No. SA2-16 Approving the Recognized Obligation Payment Schedule and to Adopt Resolution No. SA3-16 Approving the Administrative Budget for Fiscal Year 2016-17. Attachments: Exhibit A - ROPS 16-17 Detail Exhibit B - SA Budget for FY17 Exhibit C - 2005 A Official Statement Exhibit D - 2008 A Official Statement Exhibit E - RSA Bonds Balance 12-31-15 Exhibit F - Administrative Budget Exhibit G - ROPS Resolution Exhibit H - Administrative Budget Resolution E.10 16-026 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for December 2015. Attachments: Exhibit A Airport Escrow Statement of Income and Expense 12.31.15 Exhibit B CalTrust Statement for Airport Escrow 12.31.2015 Exhibit C 1st Am Trust 12.31.2015 E.11 16-029 Request City Council to Receive and File the Statement of Income and Expenses related to the Miro Way and Alder Avenue Escrow Accounts for December 2015. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense Exhibit B CalTrust.FSB Statement for Miro Escrow 12.31.15 Exhibit C Alder Avenue Escrow Statement of Income and Expense Exhibit D CalTrust.FSB Statements for Alder Escrow 12.31.15 E.12 16-031 Request City Council Approval of a Grant of an Easement to Southern California Edison Company for the construction of an easement to construct operate and maintain certain underground electrical facilities and communication systems along Miro Way (affects portions of APN 0240-251-21, 240-251-22, 0240-251-23, and 0240-251-24). Attachments: Exhibit A - Aerial of SCE Easements Exhibit B - SCE Grant of Easement E.13 16-032 Request Rialto Utility Authority to Approve the Tenth Extension of Termination Date for the Site Use Agreement by and between the Rialto Utility Authority and Rialto Bioenergy Facility LLC. Attachments: Exhibit A Tenth Extension of Site Use Agreement City of Rialto Page 8 Printed on 1/25/2016 City Council Regular Meeting January 26, 2016 E.14 16-038 Request City Council to Authorize a Professional Service Agreement with Kimley-Horn and Rocks Biological Consulting for mitigation of the Burrowing Owl in the amount of $30,000. Attachments: Burrowing Owl Map for Rialto City of Rialto Letter Agreement 2015-12-21 BUOW TAB PUBLIC HEARING TAB 1 16-036 Request City Council to Conduct the Continued Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting District No. 2; Adopt Resolution No. 6870 Declaring the Results of the Property Owner Protest Ballot Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Territory to the Rialto Landscaping and Lighting District No. 2, Commencing in Fiscal Year 2016/17; Adopt Resolution No. 6871 Confirming the Engineer’s Report Regarding the Annexation of Territory to the Rialto Landscaping and Lighting District No. 2, the Levy of Annual Assessments Described Therein, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments Commencing in Fiscal Year 2016/17 for Said Annexation. (ACTION) Attachments: Resolution 1 Resolution 2 Rialto LLD Annexation ER TAB 2 16-024 Request City Council to Conduct a Public Hearing to Consider and Approve the City’s Substantial Amendment to the 2013-2014 Consolidated Plan One-Year Action Plan to transfer funding in the amount of $200,000 for the Community Resources Center to be located at 131 S. Riverside Avenue. (ACTION) Attachments: NOTICE OF PUBLIC HEARING Rialto 13-14 Action Plan Amendment No. 3 1-14-16 rev1 TAB 3 16-052 Request City Council to Cancel the Public Hearing to (1) introduce by first reading of Ordinance No. 1564 entitled “AN ORDINANCE OF THE CITY OF RIALTO, CALIFORNIA, ADDING SECTION 18.72.170 REGARDING THE RECOVERY OF MUNICIPAL CODE ENFORCEMENT COSTS” reading by title only and waiving further reading thereof and (2) Withdraw consideration of Resolution No. 6848 establishing Fees (ACTION) TAB NEW BUSINESS City of Rialto Page 9 Printed on 1/25/2016 City Council Regular Meeting January 26, 2016 TAB 4 16-025 Request City Council to declare City Parcels totaling 4.10 acres situated at the southwest corner of Lilac Avenue and Santa Ana Avenue (APN # 0258-102-58, 59, 60 and 61) as Surplus Properties pursuant to Government Code Sections 54200-54232 and Authorize Deposit of Sale Proceeds in the Fire Facilities Development Impact Fee Fund. (ACTION) Attachments: Exhibit A - Site Map Exhibit B - APN Map Exhibit C - Rialto Fire Department Strategic Plan 2016-2020 Exhibit D - EDC Staff Report Exhibit E - Memo re Surplus Act TAB 5 16-037 Request City Council to Authorize a Professional Service Agreement with Kimley-Horn for preparation of the Housing Element for $58,020. (ACTION) Attachments: Exhibit A - Professional Service Agreemnt KIMLEY HORN TAB 6 15-899 Request City Council to Adopt Resolution No. 6878 Accepting Grant Funding from the San Bernardino Valley Municipal Water District in the amount of $638,984 for Turf Removal. (ACTION) Attachments: Budget Resolution REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 10 Printed on 1/25/2016