City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, September 27, 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 September 27, 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.1579 Next Resolution No.7017 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 10/20/2016 City Council Regular Meeting September 27, 2016 1 16-687 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 Rialto vs. Chevron San Bernardino County Superior Court, Case No. CIVDS1406197 (b) Brayshaw v. City of Rialto San Bernardino County Superior Court, Case No. 1614704 (c) Anderson v. City of Rialto,et al. U.S. District Court, Central Division, Case No. 5:16-cv-01915-JGB-SP 2 16-692 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-Pastor Dino Esquivel-Integrity Outreach Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 16-681 Proclamation-Fire Prevention Week-Mayor Deborah Robertson 2 16-682 Proclamation-Latino Voter Registration Month-Mayor Deborah Robertson City of Rialto Page 3 Printed on 10/20/2016 City Council Regular Meeting September 27, 2016 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 16-675 Resolution No. 09 (09/02/16) B.2 16-674 Resolution No. 10 (09/09/16) B.3 16-690 Resolution No. 11 (09/16/16) B.4 16-691 Resolution No. 12 (09/23/16) C. APPROVAL OF MINUTES C.1 16-676 Regular City Council Meeting - September 13, 2016 D. SET PUBLIC HEARING D.1 16-629 Request City Council to Consider Approval of Resolution No. 7003 of Intention to Establish CFD 2016-1; Set the Public Hearing for November 22, 2016. E. MISCELLANEOUS E.1 16-597 Request City Council to Authorize the Recordation of a Notice of Completion of Public Improvements related to the I-210 Logistics II Project and Accept Public Improvements constructed on behalf of the City of Rialto by I-210 Logistics II, as required by Parcel Map 19463 and PPD 2283. E.2 16-634 Request City Council to Issue a Purchase Order to CONFIRE J.P.A., in the amount of $29,442.70 for Mobile Data Computers and Accessories. City of Rialto Page 4 Printed on 10/20/2016 City Council Regular Meeting September 27, 2016 E.3 16-646 Request City Council to Approve Professional Service Agreement with Keyser Marston Associates for Real Estate Advisory Services by a maximum of $25,000 for services. E.4 16-648 Request City Council to Adopt Resolution No. 7004 Accepting Title to Four (4) Parcels Developed with Parking Lots Conveyed from the Successor Agency to the Redevelopment Agency of the City of Rialto Pursuant to Amendment #3 to the Long Range Property Management Plan. E.5 16-650 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 August 2016. E.6 16-651 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for August 2016. E.7 16-656 Request City Council to Award a Professional Service Agreement to Skydrop for a Weather-Based Irrigation Control Program in the Amount of $40,000.00. E.8 16-672 Request City Council to Award a Professional Services Agreement to STK Architecture Inc. for Site Design and Planning Services for the Proposed Fire Station 205 for a total contract amount not to exceed $49,990. E.9 16-673 Request City Council to Approve Amendment No. 2 to the Exclusive Right to Negotiate Agreement with Fernando Acosta for the Development of Approximately 8 Acres of Property Located at the Northeast Corner of Ayala Drive and Renaissance Parkway. E.10 16-678 Request City Council to Adopt on Second Reading Ordinance No. 1573 (DEVELOPMENT CODE AMENDMENT NO. 16-02) “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADOPTING AN AMENDMENT TO TITLE 18 OF THE RIALTO MUNICIPAL CODE REGULATING OUTDOOR STORAGE LAND USES AND CREATING A NEW CHAPTER 18.104 ENTITLED “OUTDOOR STORAGE USES”. E.11 16-680 Request City Council to Adopt on Second Reading Ordinance No. 1574, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTIONS 2.45.020 AND 2.45.050 OF THE RIALTO MUNICIPAL CODE TO PROHIBIT SMOKING IN CITY BUILDINGS, PARKS AND RECREATION FACILITIES.” City of Rialto Page 5 Printed on 10/20/2016 City Council Regular Meeting September 27, 2016 E.12 16-679 Request City Council to Adopt on Second Reading Ordinance No. 1575 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTION 9.25.040 OF THE RIALTO MUNICIPAL CODE REGARDING PROHIBITION OF BICYCLING AND SKATING IN DOWNTOWN RIALTO.” E.13 16-671 Request City Council to Approve a Purchase Order with Norton Rose Fulbright for Concession Agreement implementation services in the amount of $48,000. E.14 16-661 Request City Council to Adopt Resolution No. 7005 Approving the 2017/2018 through 2021/2022 Measure I Five Year Capital Project Needs Analysis (CPNA) for the Major Street-Arterial Sub-Program and amending its 2016/2017 Fiscal Budget. E.15 16-537 Request City Council to: 1) Approve Purchase Agreement and a Service and Subscription Agreement with Charge Point in the amount of $17,293; 2) Authorize City Administrator to execute a Change Order in the amount of $8,400 to Install Electrical Vehicle Charging Station with TSR Construction and Inspection as part of the Easton Development Parking Lot Improvements, City Project No. 160812; and, 3) Adopt Budget Resolution No. 7006 appropriating $25,693 from the South Coast Air Quality Management District Fund 226. TAB PUBLIC HEARING TAB1 16-640 Request City Council to Conduct a Public Hearing to Consider Adoption of (1) Resolution No. 7007 approving General Plan Amendment No. 16-01, which is a request to change the land use designation of approximately 4.57 gross-acres of land from Residential 2 with an Animal Overlay to Residential 12, (2) Resolution No. 7008 approving Variance No. 714, which is a request to reduce the required gross site area of a PRD-D development from 5.0 gross acres to 4.57 gross acres, and (3) Resolution No. 7009 approving Tentative Tract Map No. 20009, and introduce for first reading of (4) Ordinance No. 1576 approving Zone Change No. 335, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 335 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 4.57 GROSS ACRES OF LAND (APNS: 0131-212-06, -19 & -20) LOCATED At THE SOUTHWEST CORNER OF BLOOMINGTON AVENUE AND WILLOW AVENUE FROM AGRICULTURAL (A-1) to PLANNED RESIDENTIAL DEVELOPMENT-DETACHED (PRD-D).”reading by title only and waivng full reading thereof. A Mitigated Negative Declaration (Environmental Assessment No. 16-16) has been prepared for consideration in conjunction with the project. (ACTION) City of Rialto Page 6 Printed on 10/20/2016 City Council Regular Meeting September 27, 2016 TAB2 16-641 Request City Council to Conduct a Public Hearing to Consider (1) Adoption of Resolution No. 7010 approving General Plan Amendment No. 16-02, which is a request to change the land use designation of approximately 14.67 gross-acres of land from General Commercial with a Specific Plan Overlay to Business Park with a Specific Plan Overlay, and (2) Introducing for first reading Ordinance No. 1577 approving Amendment No. 4 to the Gateway Specific Plan, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE GATEWAY SPECIFIC PLAN TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 14.67 GROSS ACRES OF LAND (apns: 0132-191-03, -07, -08, -09, -14 & -15) LOCATED ON THE SOUTH SIDE OF VALLEY BOULEVARD BETWEEN WILLOW AVENUE AND LILAC AVENUE FROM FREEWAY COMMERCIAL (F-C) WITHIN THE GATEWAY SPECIFIC PLAN TO INDUSTRIAL PARK (I-P) WITHIN THE GATEWAY SPECIFIC PLAN.” reading by title only and waiving further reading thereof. A Negative Declaration (Environmental Assessment No. 16-37) has been prepared for consideration in conjunction with the project. (ACTION) TAB3 16-664 Request City Council to Conduct Public Hearing and (1) Adopt Resolution No. 7011 Approving the Addendum to the Renaissance Specific Plan Final EIR (Environmental Assessment Review 16-34); (2) Adopt Resolution No. 7012 for Tentative Tract Map No. 19748 to consolidate twelve (12) parcels of land (APNs: 0240-221-02, -03, -15, -16, -17, -18, -19, -21, -24, -26, -27, & -28) into one (1) 18.33-net-acre parcel of land; and (3) Adopt Resolution No. 7013 for Conditional Development Permit No. 817 to and allow a ten (10) percent reduction in the required setback and construct a 429,106 square-foot warehouse/distribution center building within the Renaissance Specific Plan. (ACTION) TAB NEW BUSINESS TAB4 16-657 Request City Council to Concur with the Appointment of Rialto Residents to various City Commissions and Authorize the City Clerk to provide written notification. (ACTION) TAB5 16-667 Request City Council to Approve a Purchase and Sales Agreement with JJR Realty, LLC, to Sell 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) for $2,000,000 and Adopt Budget Resolution No. 7014. (ACTION) City of Rialto Page 7 Printed on 10/20/2016 City Council Regular Meeting September 27, 2016 TAB6 16-668 Request City Council to Accept California Office of Traffic Safety “Selective Traffic Enforcement Program” Grant and Adopt Budget Resolution No. 7015 Appropriating Funds in the Amount of $194,000.00. (ACTION) TAB7 16-670 Request City Council to Introduce for First Reading Ordinance No. 1578, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING THE RIALTO MUNICIPAL CODE TO ADD CHAPTER 9.97 CONCERNING THE REMOVAL OF MOBILE BILLBOARD ADVERTISING DISPLAYS AND REGULATION OF ADVERTISING SIGNS ON MOTOR VEHICLES PARKED OR LEFT STANDING ON CITY STREETS OR PUBLIC LANDS,” reading by title only and waiving further reading thereof. (ACTION) TAB8 16-652 Request City Council to Approve Contract for Workers’ Compensation Third Party Administration with LWP Claims Solutions, Inc. in the Amount not to Exceed $140,000 for FY2016/2017 (Pro-Rated); $215,200 for FY2017/2018 & $220,650 for FY2018/2019. (ACTION) TAB9 16-544 Request City Council/Rialto Utility Authority to Approve use of the Operating Repair and Replacement funds for eligible Projects as listed for fiscal year 2015/2016 and 2016/2017 up to the amount of budget available to Rialto Water Services for the Water and Wastewater Facilities. (ACTION) TAB10 16-653 Request City Council/Rialto Utility Authority to Approve a Final Construction Work Authorization in the amount of $459,878 to Rialto Water Services for the Wastewater Facility Improvement Project S3 - Sewer Main Replacement on Sycamore Avenue. (ACTION) TAB11 16-655 Request City Council/Rialto Utility Authority to Approve a Final Construction Work Authorization in the amount of $743,869 to Rialto Water Services for the Wastewater Facility Improvement Project S4 - Sewer Main Replacement on Willow Avenue and Delegate authority to the City Administrator or his designee to approve and execute contract change orders up to a maximum cumulative amount of $55,453. (ACTION) City of Rialto Page 8 Printed on 10/20/2016 City Council Regular Meeting September 27, 2016 TAB12 16-684 Request City Council/Rialto Utility Authority to Authorize Proceeding with Tasks 3 and 4 of Phase I of the Progressive Design-Build for the Alternative Project (Option 2A-Plant 5 Expansion or Option 2B-Hybrid) with Rialto Water Services for the Wastewater Facility Improvement Project, S1-Wastewater Treatment Plant Improvements and Approval of the Consent Agreement for the S1 Waste Water Treatment Plant upgrades for conceptual design, Task 2 Technical Memorandum. (ACTION) TAB13 16-645 Request City Council to Approve Contract Change Order No. 1 in the Amount of $118,615.64 for a Total Contract Amount of $464,066.89 for the Maple Avenue Improvement Project and the Annual CDBG Curb, Gutter, and Sidewalk Improvement Project, and Authorize the City Administrator or his designee to Execute Contract Change Order No. 1. (ACTION) TAB14 16-660 Request City Council to Authorize the City Administrator, or his designee to Execute Contract Change Orders up to a Maximum Amount of $300,000 for the Ongoing Curb, Gutter, and Sidewalk Improvement Projects (Zones 1, 2, 3 and 4). (ACTION) TAB15 16-654 Request City Council to (1) Award a Construction Contract to Vance Corporation, Inc., a California corporation, in the amount of $467,974.00 for the Riverside Avenue/Linden Avenue Traffic Signal and Street Improvement, City Project No. 120802; (2) Delegate Authority to the City Administrator to Approve and Execute Construction Contract Change Orders up to a Cumulative Amount of $25,000. (ACTION) TAB16 16-658 Request City Council to Amend the Contract Services Agreement with ABM Onsite Services - West, Inc. to Extend the Current Agreement to February 28, 2017, in the Not-to-Exceed Amount of $152,200 and a Contract Cumulative Amount of $393,370. (ACTION) TAB17 16-669 Request City Council to Adopt Budget Resolution No. 7016 and Award the Street Marking Paint Supplies Bid to American Traffic Products, Rialto CA for the Total Amount of $177,210.18 for Fiscal Years 2016/17, 2017/18 and 2018/19; and Authorize the Issuance of a Purchase Order in the Amount of $57,290.76 for Fiscal Year 2016/17. (ACTION) REPORTS MAYOR: City of Rialto Page 9 Printed on 10/20/2016 City Council Regular Meeting September 27, 2016 COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 10 Printed on 10/20/2016