City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, November 22, 2016 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 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 November 22, 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.1584 Next Resolution No.7039 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 Page 2 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 1 16-798 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 v. Chevron San Bernardino County Superior Court Case No. CIVDS1406197 (b) Daniel Kitt v. City of Rialto WCAB CR-14-005008 (c) Joseph Cirilo v. City of Rialto WCAB CR-10-005004 & CR-12-005074 2 16-814 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-Acquisition of Real Property Location: Rialto Municipal Airport Property Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Bryan Goodman, Lewis Hillwood Rialto, LLC. (b)Subject: Price and Terms-Acquisition of Real Property Location: NEC Corner of Easton and Ayala (APN 0264-151-79, 80, 81) Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Successor Agency of the City of Rialto (c)Subject: Price and Terms of Purchase Location: General location of Riverside Avenue and Linden Avenue (APN 0264-012-0-000) Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. West Valley Water District 3 16-811 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. 6:00 p.m. Page 3 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Pro Tem Joe Baca Jr. INVOCATION-Pastor Bob Ruiz-Calvary Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 16-800 Resolution-In Memoriam of Gary Lord-Mayor Deborah Robertson 2 16-623 Presentation-Property Pride Awards-Beautification Commission Chairperson Andy Carrizales 3 16-752 Introduction of New Police Officers-Police Chief Randy De Anda 4 16-799 Introduction of the Rialto Institute of Progress 6th Class 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 1. Waive reading in full, all ordinances considered at this meeting. B. APPROVAL OF WARRANT RESOLUTIONS (ACTION) B.1 16-795 Resolution No. 17 (10/28/16) Attachments: Warrant Resolution No. 17.pdf B.2 16-796 Resolution No. 18 (11/04/16) Attachments: Warrant Resolution No. 18.pdf C. APPROVAL OF MINUTES Page 4 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 C.1 16-797 Regular City Council Meeting - November 08, 2016 Attachments: November 8 2016 minutes.pdf D. SET PUBLIC HEARING D.1 16-749 Request City Council to Set a Public Hearing for December 13, 2016 to Consider Adopting a Resolution to Modify the Optional Square Footage Method for Calculating Business License Taxes on Distribution Centers from $0.050 per square foot to $0.075 per square foot. Attachments: Exhibit A - Ordinance 955 Exhibit B - Resolution 2893 Exhibit C - Ordinance 983 Exhibit D - Ordinance 1009 Exhibit E - Resolution 4076 Exhibit F - Ordinance 1378 Exhibit G - Staff Report and Resoultion 5280 NOTICE OF PUBLIC HEARING- Bus License Tax on DC D.2 16-792 Request City Council to Set a Public Hearing for December 13, 2016, to Consider Adoption of an Ordinance to amend portions of Chapter 5 of the Rialto Municipal Code related to Business Licenses and Regulations. Attachments: Exhibit A - Ordinance 983 Exhibit B - Ord. 1009 Exhibit C - Ord. 1378 D.3 16-753 Request City Council to Adopt Resolution No. 7028 Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2017/2018; to Adopt Resolution No. 7029 Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting District No. 2 and Conduct a Property Owner Protest Ballot Proceeding On The Matter of the New Assessments Related Thereto Commencing with Fiscal Year 2017/2018; and to Set a Public Hearing for January 10, 2017 to Conduct a Property Owner Protest Ballot Proceeding. Attachments: Attachment 1 - Rialto LLD Annexation ER Resolution 1 Resolution 2 Page 5 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 D.4 16-778 Request City Council to Set the Public Hearing for December 13, 2016 to Consider Adoption of Resolution No. ___ to Approve Environmental Assessment Review No. 16-55, Resolution No. ___ to Approve Amendment No. 6 to the Airport Specific Plan , Resolution No. ___ to Approve Amendment No. 3 to the Renaissance Specific Plan, Resolution No. ___ to Approve Tentative Tract Map No. 19779, Resolution No. ___ to Approve Conditional Development Permit No. 823; Resolution No. ___ to Approve Conditional Development Permit No. 825 and Resolution No. ___to Approve Development Agreement No. 16-04. Attachments: LOCATION MAP D.5 16-794 Request City Council to Set a Public Hearing for December 13, 2016 to consider the first reading of Ordinance No. -___ Approving Development Agreement No. 16-03 by and between the City of Rialto and Oakmont El Rivino, LLC, related to the development of two (2) warehouse distribution facilities containing up to 2,471,000 square feet on a 121.83 acre site located at the northwest corner of El Rivino Road and Cactus Avenue in the City of Rialto. Attachments: Exhibit A - Site and Site Plan NOTICE OF PUBLIC HEARING - El Rivino DA D.6 16-793 Request City Council to Conduct the First Reading of Ordinance No. 1579 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING CHAPTER 15.08 OF THE RIALTO MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2016 EDITION OF THE CALIFORNIA BUILDING CODES OF THE CALIFORNIA CODE OF REGULATIONS AND OTHER RELATED CODES”; and set a final Public Hearing for December 13, 2016, for adoption of the ordinance. Attachments: Ordinance Adopting Building Codes by reference D.7 16-734 Request City Council to Conduct the First Reading of Ordinance No. 1580 entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DELETE IN ITS ENTIRETY TITLE 15, CHAPTER 15.28, OF THE RIALTO MUNICIPAL CODE TO ADOPT A NEW TITLE 15, CHAPTER 15.28 AND ADOPT BY REFERENCE THE 2016 EDITION OF THE CALIFORNIA FIRE CODE, FEES AND PENALTIES, THE CALIFORNIA CODE OF REGULATIONS, TITLE 19 AND 24, AND OTHER RELATED CODES” and set a Public Hearing for December 13, 2016, for adoption of the ordinance. Attachments: 2016 Ordinance w findings draft Page 6 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 E. MISCELLANEOUS E.1 16-773 Request City Council to Approve an Increase to Purchase Order 2016-1495 with E CAM SECURE by $18,506 for total of $48,624 for Security Camera Services at 1479 N. Linden Avenue. E.2 16-776 Request City Council, Acting as the Rialto Successor Agency to Adopt Resolution No. SA8-16 Approving Amendment #2 to the Purchase and Sale Agreement by and between the Rialto Successor Agency and Fountainhead Shrugged LLC for (APN# 0127-041-45) to extend the Contingency Period. Attachments: Exhibit A - Site Maps Exhibit B - Agreement Exhibit C - PSA Amendment #1 Exhibit D - Resolution Exhibit F - PSA Amendment #2 E.3 16-783 Request City Council to Adopt Budget Resolution No. 7030, and Authorize the Release of Request for Bids No. 17-050 for the City Trench Repair Paving, City Project No. 170809. Attachments: Attachment 1 Veolia Invoice Asphalt_Repair Attachment 2 Notice of Exemption (Pavement trench cut) 11-07-16 Budget Resolution 11-16-16 E.4 16-784 Request City Council to Authorize the Release of Request for Proposals (RFP) for California Voting Rights Act Consultant Services to Evaluate Establishing a By-District System of Elections. Attachments: RFP for CVRA Consultant Services CVRA Consultant Listing E.5 16-777 Request City Council to Approve an Increase of the Purchase Order with Fernando Vargas, Information Specialist, for Fiscal Year 2016/2017 for Information System Support through June 2017 for a Total Cost of $35,000. E.6 16-709 Request City Council to Authorize Purchase of Camera Equipment for Rialto Network from B & H Photo in the total amount of $41,008.06. Attachments: RFB 17-033 Camera Equipment- ABSTRACT Page 7 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 E.7 16-733 Request City Council to Approve 1) an Encroachment and Maintenance Easement Agreement and 2) a Monument Relocation Agreement between the City of Rialto and Rialto Renaissance LLC related to the Monster Energy warehouse development located at the northeast corner of Locust Avenue and Miro Way. Attachments: Exhibit A - Encroachment and Maintentance Agreement 11-3-16 Exhibit B - Monument Relocation Agreement 001 (002) E.8 16-747 Request Rialto Housing Authority Board to Approve Subordination Agreement with Greystone Services Corporation and Renaissance Village Housing Partnership related to the Renaissance Village Located at 220 North Glenwood Avenue, Rialto, California. Attachments: Exhibit A - Staff Report Exhibit B - Regulator Agreement Exhibit C -Subordination Agreement TAB PUBLIC HEARING TAB1 16-745 Request City Council to Conduct a Public Hearing for Formation of Community Facilities District (CFD) 2016-1; Consider Adoption of the CFD Resolution No. 7031 of Formation; Resolution No. 7032 Calling for the CFD Special Election; Conduct the CFD Special Election; Adopt Resolution No. 7033 Declaring the Results of the Election and introduce for first reading Ordinance No. 1581 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2016-1 (PUBLIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN” reading by title only and waiving further reading thereof (ACTION) Attachments: Rialto CFD 2016-1 (Public Services) Resolution of Formation - City Form City of Rialto CDF 2016-1 (Public Services) Resolution Calling Election - City Form Rialto CFD 2016-1 (Public Services) Certificate of Election Official Rialto CFD 2016-1 (Public Services) Resolution Declaring Results - City Form City of Rialto CDF 2016-1 (Public Services) Ordinance - City Form Exhibit A - Rialto CFD 2016-1 RMA - complete - 11.15.16 Page 8 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 TAB2 16-782 Request City Council and Rialto Public Financing Authority Board to Conduct a Joint Public Hearing to Approve the Section 108 Loan Guarantee Financing for Improvements to Bud Bender Park and Approve Resolution No. 7034 of the City Authorizing the Public Financing Authority as its Designated Public Agency Borrower to Issue Notes of $2,000,000 Aggregate Original Principal Amount Section 108 Government Guaranteed Certificates and Resolution No. 01-16 of the Rialto Public Financing Authority, Authorizing the Issuance Of $2,000,000.00 Aggregate Original Principal Amount Section 108 Government Guaranteed Certificates. (ACTION) Attachments: (SECTION 108 LOAN) DPA Resolution - City Form (SECTION 108 LOAN) DPA Resolution - PFA Form Rialto Section 108 Loan Contract for Loan Guarantee Assistance Rialto Subrecipient Agreement 108 Loan Final Versions TAB3 16-788 Request City Council to Conduct a Public Hearing to introduce for first reading Ordinance No. 1582 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTIONS 1.10.020, 1.10.30, 1.10.040, 1.10.050, 1.10.060, 1.10.070, 1.10.080, AND 1.10.090 OF THE RIALTO MUNICIPAL CODE, TO PROVIDE FOR PROCEDURES TO ADMINISTER ADMINISTRATIVE FINES WITH SHORTENED TIME FOR IMPOSING FINES”; reading by title only and waiving further reading thereof. (ACTION) Attachments: Ordinance -final Ordinance - redlined Page 9 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 TAB4 16-779 Request City Council to Conduct a Public Hearing to Approve Resolution No. 7035 to initiate the filing process with the San Bernardino County Local Agency Formation Commission (LAFCO) to Annex five County Islands from the Rialto sphere of influence in Unincorporated San Bernardino County to the City of Rialto (Annexation No. 171). (ACTION) Attachments: Five North Rialto Islands 4-11-2016 DRAFT Rialto Islands Plan for Service and Fiscal Analysis (2) Island Annexation Intiation Filing- FINAL CC Resolution indemnification Reso 3222 Area No. 1 Location Map Area No. 2 Location Map Area No. 3 Location Map Area No. 4 Location Map Area No. 5 Location Map TAB NEW BUSINESS TAB5 16-805 Request City Council to introduce for first reading Ordinance No. 1583, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTION 2.12.040 OF THE RIALTO MUNICIPAL CODE RELATING TO THE COMPENSATION FOR COUNCILMEMBERS OF THE CITY OF RIALTO IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE,” reading by title only and waiving further reading thereof. (ACTION) Attachments: Ordinance Amending Council Compensation Page 10 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 TAB6 16-741 Request City Council to Adopt Resolution No. 7036 Authorizing the Issuance of Special Tax Refunding Bonds, Series 2016 for Community District No. 2006-1 (Elm Park), Approving certain documents and taking certain actions in connection thereto. (ACTION) Attachments: Exhibit A - Rialto Contract_00146484 - Fieldman Rolapp Exhibit B - Letter to George Harris Exhibit C - Services Agreement - NRF Exhibit D - Rialto CFD Refunding Lttr Prop Oct 2016_13423-Willdan Exhibit E - Not to exceed Proposal Letter BMcB - Backstrom 10-24-16 Disclosure Letter-Backstrom Rialto Disclosure Letter - Fieldman Rolapp Exhibit F - Resolution for Issuance Exhibit G (Rialto_Elm Park) Rialto CFD 2006-1 (ELM PARK) 2016 Refunding Fiscal Agent Agreement 1 Exhibit H Rialto CFD Bond Purchase Contract - 11.8.16 CLEAN[1] Exhibit I Rialto CFD 2006-1 2016 (Elm Park) Bonds - CONTINUING DISCLOSURE AGREEMEN... 11 Exhibit J City of Rialto CFD 2006-1 (Elm Park) Escrow Agreement 11-8-16 Exhibit K RIALTO CFD 2006-1 (ELM PARK) 2016 Bonds - OFFICIAL STATEMENT 11-8-16 TAB7 16-727 Request City Council to Approve Budget Resolution No. 7037 and a Reimbursement Agreement by and between the City of Rialto and Lewis-Hillwood Rialto Company to reimburse costs for the SR-210/Alder Avenue Interchange Feasibility Study in an amount not to exceed $275,000. (ACTION) Attachments: Exhibit A - Map Exhibit B - Scope of Work and Proposal Exhibit C - LHR Reimbursement Agreement for Feasibility Study Exhibit D - Budget Resolution TAB8 16-729 Request City Council to Authorize the Purchase of Three (3) Undercover Vehicles for the Police Department for Administrative Purposes in the Total Amount of $86,018.50. (ACTION) Page 11 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 TAB9 16-780 Request City Council to Approve the Issuance of a Purchase Order for a Replacement Stencil Truck to Roadline Products, Inc. in the Total Amount of $126,360.00. (ACTION) Attachments: ATTACHMENT 1 - County RFP ATTACHMENT 2 - Rialto Offer Confirmed Signed - 11-7-2016 ATTACHMENT 3 - Rialto Offer - Signed 11-7-2016 TAB10 16-697 Request City Council to Approve a Purchase Order with J&K Auto Body and Towing for Collision and Auto Body Repair Services in the Amount of $75,000 for Fiscal Year 2016/2017 and Authorize the City Administrator or his Designee to Execute Annual Purchase Orders for Fiscal Years 2017/2018 and 2018/2019 in the amount of $75,000 for each year, predicated upon Satisfactory Service. (ACTION) TAB11 16-713 Request City Council to Approve Agreement No. XP-99T24001-0 and Accept a $291,000 Water Infrastructure Grant from the United States Environmental Protection Agency and Adopt Budget Resolution No. 7038 Amending the 2016/2017 Fiscal Budget to Appropriate $291,000 to Design, Purchase, Install and Commission a Supervisory Control and Data Acquisition (SCADA) System for the Rialto Utility Authority. (ACTION) Attachments: Attachment 1- Water Zones Attachment 2- Water System Schematic Attachment 3 Agreement XP-99T24001-0 Attachment 4 Notice of Exemption Budget Resolution - 110816 - PW - EPA SCADA Grant TAB12 16-812 Request City Council to Authorize submittal of an EDA grant application in the amount of $3,000,000 for the Rialto Data Analytics, Logistics, Business Acceleration and Training Center, and direct staff to assign reserves in the amount of $2,086,860 in the General Fund as a matching contribution. (ACTION) Attachments: Exhibit A Executive Summary Exhibit B October 25, 2016 EDC Presentation Materials Exhibit C November 15, 2016 EDC Presentation Materials REPORTS MAYOR: COUNCIL MEMBERS: Page 12 Printed on 11/17/2016 City Council Regular Meeting November 22, 2016 CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT Page 13 Printed on 11/17/2016