City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, July 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 Ed Scott Barbara A. McGee City Clerk Edward Carrillo City Treasurer Fred Galante City Attorney Mike Story City Administrator City Council Regular Meeting July 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.1572 Next Resolution No.6990 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 1 16-529 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. City of Rialto Page 2 Printed on 7/24/2016 City Council Regular Meeting July 26, 2016 2 16-530 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) George Cornwell v. Miguel Tiscareno, City of Rialto et al. S.B. Superior Court Case No. CIVDS1414990 (b) James Kurkoske v. City of Rialto WCAB CR-08-0500036 & CR-15-005047 3 16-531 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, Asst. to the CA./Director of Admin. Svs. Employee organizations: RFMA Management Bargaining Unit RMMA Bargaining Unit 4 16-532 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: Subject: Price and Terms of Conveyance - Contract of Sale Location: Rialto Municipal Airport Property (Generally, the southwest corner of Ayala Drive and Renaissance Parkway) Negotiators: Robb R. Steel, ACA/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 - Father Porter - St. Catherine's of Siena City Attorney’s Report on Closed Session City of Rialto Page 3 Printed on 7/24/2016 City Council Regular Meeting July 26, 2016 PRESENTATIONS AND PROCLAMATIONS 1 16-520 Certificate of Appreciation-Transportation Commissioner Barbara “Midge” Zupanic-Mayor Deborah Robertson 2 16-533 Presentation-Overview of Police and Fire Illegal Fireworks Enforcement Activities-Rialto Police and Fire Departments. 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 16-524 Resolution No. 50A (06/30/16) Attachments: Warrant Resolution No. 50A B.2 16-525 Resolution No. 01 (07/08/16) Attachments: Warrant Resolution No. 01 B.3 16-526 Resolution No. 02 (07/15/16) Attachments: Warrant Resolution No. 02 C. APPROVAL OF MINUTES C.1 16-521 Regular City Council Meeting - June 14, 2016 Attachments: June 14, 2016 minutes.docx D. SET PUBLIC HEARING D.1 16-491 Request City Council to Set a Public Hearing for August 23, 2016, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 1st Quarter of the 2016 Calendar Year. Attachments: Proposed Address List City of Rialto Page 4 Printed on 7/24/2016 City Council Regular Meeting July 26, 2016 D.2 16-503 Request City Council to Set a Public Hearing for August 23, 2016, to Consider the Placement of an Annual Assessment for Advanced Billing of Refuse Collection Fees for the 2016-2017 Fiscal Year. Attachments: Rialto In Advance Tax List 2016 E. MISCELLANEOUS E.1 16-484 Request City Council to Extend the Purchase Order with Staffing Network, to Provide Part-Time Temporary Staff Support Services in the Development Services Department Licensing Division $26,200 for Fiscal Year 2016/2017. E.2 16-489 Request City Council to Approve a Purchase Order for $45,000 to Zoll Medical Corp for Medical Equipment Supplies for Fiscal Year 2016/17 E.3 16-490 Request City Council to Approve a Budget Resolution No. 6982, and Approve the Contract Documents, Authorize the Release of Request for Proposals No. 17-002 for the Design of the Police Annex Secure Equipment Storage Facility at 429 Rialto Avenue, Project No. 150207. Attachments: Attachment 1 RFP 17-002 Police Annex Secure Equipment Storage Budget Resolution v2 E.4 16-498 Request City Council to Adopt Resolution No. 6983 Approving Parcel Map 19665, a Request to Subdivide a 0.92 Acre Parcel of Land into three (3) Single Family Residential Lots Located on the Northwest Corner of Randall Avenue and Church Avenue, and the related Subdivision Improvement Agreement. Attachments: Attachment 1 - PC_Agenda_Packet__9-30-15 Attachment 2 - P.M. 19665 Attachment 3 - Subdivision Improvement Agreement Attachment 4 - Bonds Attachment 5 - Notice of Exemption Resolution Approve PM 19665 7-26-16 E.5 16-501 Request City Council to Consider the First Amendment to the Lease Agreement for Cell Tower by and between the City of Rialto and STC ONE, LLC. Attachments: Exhibit A - Original Sprint Lease Exhibit B - Lease Issues Exhibit C - First Amendment to Cell Tower Lease (Sprint) Exhibit D - Notice to Terminate Lease - Sprint City of Rialto Page 5 Printed on 7/24/2016 City Council Regular Meeting July 26, 2016 E.6 16-506 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for June 2016. Attachments: Exhibit A Airport Escrow Statement of Income and Expense 6.30.16 Exhibit B CalTrust Statement for Airport Escrow Exhibit C FSB Statements for Airport Escrow Exhibit D CalTrust and FSB Statements for Protocol Account E.7 16-513 Request City Council to Receive and File the Statement of Income and Expenses related to the Miro Way, Alder Avenue, and Locust/Laurel/Walnut Escrow Accounts for June 2016. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense Exhibit B CalTrust & FSB Statements for Miro Way Exhibit C Alder Avenue Escrow Statement of Income and Expense Exhibit D CalTrust & FSB Statements for Alder Avenue Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense Exhibit F CalTrust & FSB Statements for Locust.Laurel.Walnut Es E.8 16-518 Request City Council to Adopt on Second Reading Ordinance No. 1568 entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING RIALTO MUNICIPAL CODE SECTION 2.04.090 (AMENDING ORDINANCE 1438) REGARDING PERSONNEL CONTROL.” Attachments: 1568.docx E.9 16-519 Request City Council to Adopt on Second Reading Ordinance No. 1569 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING RIALTO MUNICIPAL CODE SECTION 2.50.060 (AMENDING ORDINANCE 1439) REGARDING COMPETITIVE SERVICE.” Attachments: 1569.docx TAB PUBLIC HEARING City of Rialto Page 6 Printed on 7/24/2016 City Council Regular Meeting July 26, 2016 TAB1 16-510 Request City Council to Conduct a Public Hearing to Adopt Resolution No. 6984 Recommending Approval of Conditional Development Permit No. 816 for a 1,094,900 Square Foot Distribution Center for Monster Energy within the Business Center (B-C) Zone of the Renaissance Specific Plan located at the Northeast Corner of Locust Avenue and Miro Way and Adopt Resolution No. 6985 approving Environmental Assessment Review No. 16-33 as an Addendum to the previously Certified Environmental Impact Report for the Renaissance Specific Plan. (ACTION) Attachments: Exhibit A Aerial Exhibit B Site Plan without Mezzanine Exhibt C Location Map Exhibit D Monster Property Boundary Dims Exhibit E Monster Energy Site Photos Exhibit F Monster- Addendum to EIR_062016-Volume 1 Monster- Addendum to EIR_062016-Volume 2 Monster- Addendum to EIR_062016-Volume 3 Exhibit G CC Resolution for CDP 816 Exhibit H EAR 16-33 CC Resolution Addendum Monster CC Presentation - 7.26.16 TAB2 16-483 Request City Council to Conduct a Public Hearing to introduce on first reading of Ordinance No. 1570 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTIONS 18.02, GENERAL PROVISIONS; 18.04 DEFINITIONS; 18.26 A-P ZONE; 18.27 O-P ZONE; 18.28 C-1 ZONE; 18.30 C-1A ZONE; 18.31 R-C ZONE, 18.32 C-2 ZONE; 18.33 F-C ZONE; 18.34 C-3 ZONE, 18.35 I-P ZONE; 18.36 C-M ZONE; 18.38 M-1 ZONE AND 18.40 PID ZONE OF THE RIALTO MUNICIPAL CODE AS IT PERTAINS MEDICAL MARIJUANA DISPENSARIES” reading by title only and waiving further reading thereof. (ACTION) Attachments: Medical Marijuana Ord City of Rialto Page 7 Printed on 7/24/2016 City Council Regular Meeting July 26, 2016 TAB3 16-475 Request City Council to Conduct a Public Hearing to introduce on first reading of Ordinance No. 1571 entitled “AN ORDINANCE OF THE CITY OF RIALTO APPROVING A DEVELOPMENT AGREEMENT NO. 16-01 BY AND BETWEEN THE CITY OF RIALTO AND ALDER OPPORTUNITY, LLC AND MAKING CERTAIN FINDINGS THEREIN IN CONNECTION THEREWITH,” reading by title only and waiving further reading thereof. (ACTION) Attachments: Exhibit A - Site Map Exhibit B - Site and Design Plan Exhibit C - Alder Opportunity Development Agreement FINAL 7-15-16 Exhibit D - Ordinance TAB4 16-527 Request City Council to Conduct a Public Hearing to Receive Public Comment and Approve Resolution No. 6986 Authorizing the Placement of Charges on the County Property Tax Roll for Delinquent Sewer Payments. (ACTION) Attachments: Resolution - Sewer Liens List of Deliquent Charges to be Levied TAB NEW BUSINESS TAB5 16-481 Request City Council to Approve a Contract Agreement for Weed Abatement with Kinco Weed Abatement in an amount not to exceed $70,000. (ACTION) Attachments: Proposal 16-106 Kinco List of Contractors Contacted to Announce RFP weed abatement RFP 16-106 Checklist weed abatement RFP RFP 16-106 Weed Abatement - Complete TAB6 16-482 Request City Council to Approve an Extension of the Fiscal Year 2013/14 Award to Life-Assist with an Additional one (1) year extension based on Satisfactory Performance and Approve a Purchase Order for Fiscal Year 2016/17 to Life-Assist for Emergency Medical Supplies in the Amount of $115,000. (ACTION) Attachments: Life-Assist Staff Report 2013-14 & Abstract of Bids City of Rialto Page 8 Printed on 7/24/2016 City Council Regular Meeting July 26, 2016 TAB7 16-474 Request City Council and Rialto Utility Authority to (1) Adopt RUA Resolution No. 005-16 Approving the Facility Operation Agreement by and among the City of Rialto, the Rialto Utility Authority, and Rialto Bioenergy Facility LLC and (2) Adopt Resolution No. 6987 Approving the Facility Operation Agreement by and among the City of Rialto, the Rialto Utility Authority, and Rialto Bioenergy Facility LLC. (ACTION) Attachments: RBF Powerpoint Exhibit A March 22, 2016 Staff Report in re Ground Lease for RBF Exhbiit B Facility Operation Agreement RBF 07.06.16 Exhibit C CAM 9 FINAL Executed by P Luchetti 7-20-2016 Exhibit D Projected Costs and Benefits for RBF FOA Exhibit E RUA -Resolution in re RBF FOA Exhibit F City Council -Resolution in re RBF FOA TAB8 16-505 Request City Council to Receive the Investment Grade Audit Report and Adopt Resolution No. 6988 Approving the Purchase and Sale Agreement and No-Fee Lightpole License Agreement and City-Funded Financing Option. (ACTION) Attachments: Attachment 1 - Rialto CA_IGA Report_Draft_V3 Attachment 2 - SCE - Rialto Purchase and Sale Agreement 7-18-16 Attachment 3 - Rialto Lightpole License Agreement - 7-18-16 Budget Resolution Streetlight Acquisition PP Final_7.26.16 TAB9 16-495 Request City Council to Adopt Resolution No. 6989, Rescinding the Existing Water Conservation Stage 3-B - “Water Warning” and Declaring Stage 2 “Water Alert” in Accordance with Chapter 12.20 of Title 12 of the Rialto Municipal Code. (ACTION) Attachments: Attachment 1- Ordinance 1560 Attachment 2- SB7-7 TheLaw Attachment 3-Resolution Stage 2 PP - FINAL (07-21-16)-Water Conservation City Council Presentation City of Rialto Page 9 Printed on 7/24/2016 City Council Regular Meeting July 26, 2016 TAB10 16-467 Request City Council/Rialto Utility Authority to Approve a Final Construction Work Authorization in the amount of $90,621 to Rialto Water Services for the Water Facility Improvement Project SA - Manhole Rehabilitation-Year 4. (ACTION) Attachments: Attachment 1- Agenda item tab 4 Attachment 2- FCWA_SA Yr.4 Attachment 3 NOE Project SA TAB11 16-469 Request City Council/Rialto Utility Authority to Approve a Final Construction Work Authorization in the Amount of $146,234 to Rialto Water Services for the Recurring Capital Project (Meter Replacements), Concession Agreement Capital Recurring Project WA for Year 4 of the Five-Year Plan. (ACTION) Attachments: Agenda item tab 6 Attachment 2 - Inspection Records Attachment 3- WA FCWA - Yr.4 Attachment 4 - NOE TAB12 16-499 Request City Council Approve the Issuance of a Purchase Order to Daniel Tires, Inc., in the Not-to-Exceed Amount of $60,000 for Goodyear Branded Tires, Related Products and Services for City Fleet and Fire Department Apparatus Tires for Fiscal Year 2016-2017. (ACTION) Attachments: Attachment 1 - Tire Suppliers TAB13 16-500 Request City Council Approve the Issuance of a Purchase Order to Parkhouse Tires, Inc., in the Not-to-Exceed Amount of $80,000 for Firestone Branded City Fleet Vehicle and Fire Department Apparatus Tires, Related Products, and Related Services in Fiscal Year 2016-2017. (ACTION) Attachments: Attachment 1 - Tire Suppliers REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: City of Rialto Page 10 Printed on 7/24/2016 City Council Regular Meeting July 26, 2016 CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 11 Printed on 7/24/2016