City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, December 13, 2016 6:00 PM CITY COUNCIL ELECTED COUNCIL MEMBERS RECEPTION 4:00 PM - 6:00 PM 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 December 13, 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.1585 Next Resolution No.7055 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 6:00 p.m. Swearing In of Elected Officials Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Ed Scott INVOCATION-Pastor Harry Bratton-Greater Faith Bible Church City of Rialto Page 2 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 PRESENTATIONS AND PROCLAMATIONS 1 16-865 Resolution-In Memoriam of Willie Luvert-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 16-847 Resolution No. 19 (11/11/16) Attachments: Warrant Resolution No. 19.pdf B.2 16-848 Resolution No. 20 (11/18/16) Attachments: Warrant Resolution No. 20.pdf C. APPROVAL OF MINUTES C.1 16-849 Regular City Council Meeting - November 22, 2016 Attachments: November 22 2016 minutes.pdf D. CLAIMS AGAINST THE CITY D.1 16-859 Anna Flores - Property Damage Attachments: Claim-Flores D.2 16-861 Richard Hill - Personal Injury Attachments: Claim-Hill D.3 16-862 Prisca Santibanez - Property Damage Attachments: Claim-Santibanez City of Rialto Page 3 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 D.4 16-860 Gary Young - Water Service Attachments: Claim-Young E. SET PUBLIC HEARING E.1 16-829 Request City Council to Set a Public Hearing for January 10, 2017, to consider Amendment No. 5 to the Renaissance Specific Plan, a request to change the zoning designation of approximately 18.20 gross-acres of land within the Renaissance Specific Plan from Freeway Commercial (FC) to Business Center (BC) and Tentative Parcel Map No. 19754, a request to allow the consolidation of six (6) parcels of land into three (3) parcels of land totaling 18.06 net-acres to facilitate the development of three (3) separate warehouse buildings. The City prepared an Addendum to the previously certified Renaissance Specific Plan Final Environmental Impact Report (Environmental Assessment Review No. 16-27) for consideration in conjunction with the project. Attachments: Exhibit A - Location Map Exhibit B - Tentative Parcel Map No. 19754 Exhibit C - Site Plan Exhibit D - Floor Plans Exhibit E - Building Elevations Exhibit F - Conceptual Landscape Plan Exhibit G - Planning Commission Agenda Report 11-30-16 Exhibit H - Planning Commission Resolution No. 16-50 Exhibit I - Planning Commission Resolution No. 16-51 Exhibit J - Planning Commission Resolution No. 16-52 Exhibit K - Addendum to the RSP FEIR Exhibit L - Notice of Hearing Exhibit M - Legal Description E.2 16-815 Request City Council to Set a Public Hearing for January 24, 2017, to Adopt a Resolution Establishing the Alder Avenue Right-Of-Way Acquisition Fair Share Fee Program in the Renaissance Specific Plan Area. Attachments: Exhibit A - Alder Avenue Nexus Study 6 6 2016 (002) Exhibit B - Resolution F. MISCELLANEOUS City of Rialto Page 4 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 F.1 16-696 Request City Council to Approve a Contract Agreement between the City of Rialto and Dr. Michael M. Neeki for Medical Director Services in the amount of $17,500 per Fiscal Year, and Approve an increase to Dr. Neeki’s existing Purchase Order in the amount of $10,208.00 for a total amount not to exceed $45,208. Attachments: Dr. Neeki's Contract - 2016 F.2 16-721 Request City Council to Issue a Purchase Order to Cascade Fire Equipment Co. in the amount of $20,532.96 for Firefighting Hose. Attachments: Fire Hoses- ABSTRACT- RFP 17-054 F.3 16-828 Request City Council to Issue a Purchase Order to L.N. Curtis and Sons in the Amount not to exceed $30,000 for Firefighting Nozzles. Attachments: RFP 17-051 Nozzles and Appliances- ABSTRACT F.4 16-835 Request City Council to Authorize the Release of Request for Bids for the Bloomington Avenue Median Conversion Project from Riverside Avenue to Willow Avenue. F.5 16-816 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for October 2016. Attachments: Exhibit A Airport Escrow Statement of Income and Expense 10.31.16 Exhibit B CalTrust and FSB Statements for Airport Escrow Octobe Exhibit C CalTrust and FSB Statements for Protocol Escrow Octob F.6 16-822 Request City Council to Adopt Resolution No. 7039 Declaring the November 8, 2016 Presidential General Election Results. Attachments: 2016 RESO.election results.doc F.7 16-801 Request City Council to Adopt Budget Resolution No. 7040, RHA Resolution No. 06-16, RSA Resolution No. SA9-16, and RUA Resolution No. 007-16 to Amend the FY2016-17 Budget for the FY2015-16 Carry Forward Budget for the City, Successor Agency and the Rialto Utility Authority. Attachments: City Budget Resolution RHA Budget Resolution RSA Budget Resolution RUA Budget Resolution Attachment A - FY2016 CarryForward to FY2017 11-21-16 final for council F.8 16-802 Request City Council to Approve Resolution No. 7041 Authorizing the Submission of a Grant Application to the State Water Resources Control Board (SWRCB) of the State of California for the Recycled Water Planning Grant Program. Attachments: Resolution City of Rialto Page 5 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 F.9 16-827 Request City Council to Adopt Budget Resolution No. 7042 Accepting the Fiscal Year 2016 Homeland Security Grant Program (HGSP) and Increasing Estimated Revenue and Appropriating Expenditures in the Amount of $30,681. Attachments: Allocation for Law Enforcement Resolution F.10 16-833 Request City Council to receive and file the Interim Financial Report for the first quarter of the Fiscal Year thru September 30, 2016. Attachments: Interim Financial Report as of Sept 30 2016 F.11 16-724 Request City Council to (1) Accept the Annual Non-CDBG Curb, Gutter, and Sidewalk Improvement Project (Zone 2); (2) Authorize Filing of the Notice of Completion; and (3) Authorize Release of Retention to Smart Tech Group, Inc., a California Corporation. Attachments: Attachment 1 - Notice of Completion 11-22-16 Attachment 2 - Notices of Exemption F.12 16-836 Request City Council to Adopt on Second Reading of 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” Attachments: City of Rialto CDF 2016-1 (Public Services) Ordinance - City Form Exhibit A - Rialto CFD 2016-1 RMA - complete - 11.15.16 F.13 16-851 Request City Council to Adopt on Second 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” Attachments: Ordinance -final F.14 16-804 Request City Council to Approve a Professional Services Agreement with Brett Carlson Construction for Abatement Services related to Code Enforcement Actions in response to Request for Proposal #17-045 for a total amount of $31,000 for Fiscal Year 2017. Attachments: Exhibit A - RFP 17-018 - Vendor Bid List Exhibit B - RFP 17-045 and Brett Carlson Proposal Exhibit C - Professional Services Agremement - BRETT CARLSON City of Rialto Page 6 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 F.15 16-838 Request City Council to Authorize the Release of Request for Bids for Construction of Concession, Restroom, and Americans with Disabilities Act Improvements at Frisbie Park, Andreson Park, and Rialto City Park, City Project No. 160302. F.16 16-839 Request City Council to (1) Accept the Facilities ADA Improvement Project; (2) Authorize Filing of the Notice of Completion; and (3) Authorize Release of Retention to Dalke & Sons Construction, Inc., a California Corporation. Attachments: Attachment 1 - Notice of Completion 11-22-16 Attachment 2 - Notice of Exemption CP150201 TAB PUBLIC HEARING TAB1 16-823 Request City Council to Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Second Quarter of 2016; and Adopt Resolution No. 7043 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Auditor Controller-Recorder. (ACTION) Attachments: Exhibit A Resolution TAB2 16-786 Request City Council to Conduct a Public Hearing to Consider the first reading of Ordinance No. 1583, entitled “AN ORDINANCE OF THE CITY OF RIALTO AMENDING SECTIONS 5.04.020, 5.04.240, AND 5.14.010 OF THE RIALTO MUNICIPAL CODE PERTAINING TO BUSINESS LICENSES AND REGULATIONS,” reading by title only and waiving further reading thereof. (ACTION) Attachments: Exhibit A -Ordinance 983 Exhibit B - Ordinance 1009 Exhibit C - Ordinance 1378 Exhibit D - Ordinance - Amend Chapter 5 of RMC - Business Licenses - PKL comments City of Rialto Page 7 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 TAB3 16-787 Request City Council Conduct a Public Hearing to Consider Adopting Resolution No. 7044 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. (ACTION) Attachments: Exhibit A -Ordinance 955 Exhibit B -Resolution 2893 Exhibit C - Ordinance 983 Exhibit D - Ord. 1009 Exhibit E - Resolution 4076 Exhibit F - Ordinance 1378 Exhibit G - Staff Report and Resoultion 5280 Exhibit H - Business License Tax Resolution - Increase to SF Rate - Distribution Center - PKL comments Exhibit A to Resolution - BL Fee Schedule Summary 2016 UPDATE TAB4 16-856 Request City Council to Cancel the Public Hearing scheduled for December 13, 2016 to consider an Ordinance 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. (ACTION) TAB5 16-863 Request City Council to Conduct a Public Hearing and Adopt Second 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”. (ACTION) Attachments: Ordinance Adopting 2016 Building Code City of Rialto Page 8 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 TAB6 16-854 Request City Council to Conduct a Public Hearing to Adopt on Second 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” (ACTION) Attachments: 2016 Ordinance w findings draft City of Rialto Page 9 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 TAB7 16-846 Request City Council to Conduct a Public Hearing to Adopt: 1. Resolution No. 7045 to approve the Recirculated Draft Subsequent Environmental Impact Report (E.A.R. No. 16- 55/State Clearinghouse No. 2006071021). A request to consider the adequacy of the Recirculated Draft Subsequent Environmental Impact Report addressing impacts with the proposed Amendment No. 3 to the Renaissance Specific Plan and related entitlement applications; and 2. Resolution No. 7046 to approve Amendment No 5. to the Rialto Airport Specific Plan. A request to remove Jerry Eaves Park from the Rialto Airport Specific Plan and incorporate it into the Renaissance Specific Plan; and 3. Resolution No. 7047_to approve Amendment No. 3 to the Renaissance Specific Plan. A request to modify the Renaissance Specific Plan to retain the alignment of Renaissance Parkway, relocate business and industrial uses to the west of Linden Avenue, relocate all residential land uses and the public park east of Linden Avenue, develop up to 4 million square feet of industrial land within Planning Area 108 - Business Center zone, develop a 505,000 square foot retail entertainment center (Renaissance Marketplace); and 4. Ordinance No. 1584_to approve Development Agreement No. 16-04., entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO APPROVING DEVELOPMENT AGREEMENT NO. 16-04, BETWEEN THE CITY OF RIALTO AND LEWIS-HILLWOOD RIALTO COMPANY, LLC”, reading by title only and waiving reading thereof; and 5. Resolution No. 7048 to approve Tentative Parcel Map No. 19779. A request to subdivide a 57.12 acre site consisting of two parcels of land and create 28 parcels ranging in size from 0.52 acres to 6.82 acres for the development of the Renaissance Marketplace; and 6. Resolution No. 7049 to approve Conditional Development Permit No. 823. A request to allow a movie theater (Parcel No.12) in the Town Center zone within the proposed Renaissance Marketplace; and 7. Resolution No. 7050 approving the First Implementation Agreement Re Second Amended and Restated Contract of Sale for Areas B, C, and D and the Area A Contract of Sale by City of Rialto Page 10 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 and between the City of Rialto and Lewis-Hillwood Rialto LLC; and 8. Resolution No. 7051 Setting a Public Hearing for January 10, 2017 to Consider Approval of the Area A Contract of Sale by and between the City of Rialto and Lewis-Hillwood Rialto LLC. 9. Resolution No. 7052 Approving a Waiver of Development Agreement Restrictions. Attachments: FINAL Presentation PPT for RSP Exhibit A Location Map Exhibit B 2010 Renaissance Land Use Map Exhibit C 2016 Renaissance Land Use Aerial Exhibit D PC Resolutions in re RSP and Related Entitlements Exhibit E Jerry Eaves Park Exhibit F Circulation Exhibit G Open Space Exhibit H Infrastructure - Water Exhibit I Infrastructure - Electric Exhibit J Cinemark Site Plan Exhibit K PA 108 Exhibit L Cinemark Site Plan Exhibit M Development_Agreement_(pdf_copy)DOCS-#168423-v1- Exhibit N Resolution Waiving Retail Obligations Exhibit O Summary Report Exhibit P Area A Contract of Sale Exhibit Q - Lewis_Area_A_First_Implementation__Agreement OC-#1130518-v3 Exhibit R RSPA Recircualted Draft SEIR_Bracketed Comment Letters Exhibit S 12-07-2016 Renaissance Specific Plan Fiscal Analysis Exhibit T _RDEIR_CC_Resolution_-_DCP_RevisionDOCSOC_1791790v1 - DOCSOC-#1791760-v1-Ex RSPA CEQA Findings 2016-11-22 Exhibit U_RASP_Amendment_5_CC_Resolution_-_DCP_Revisi...DOCSOC_1791785v1 - DOCSOC-#17 RSPA_Draft_December_2016 Exhibit V_RSPA_NO__3_CC_Resolution_-_DCP_RevisionsDOCSOC_1791786v1 - DOCSOC-#179175 Exhibit W Ordinance Approving Development Agreement Exhibit X _TPM_19779_CC_Resolution_-_DCP_RevisionsDOCSOC_1791787v1 - DOCSOC-#1791757- Exhibit Y CDP_823_CC_Reso_-_DCP_RevisionDOCSOC_1791788v1 - DOCSOC-#1791761-v1 Exhibit Z Resolution_Approving_the_First_Implementation_AgreementDOCSOC-#1791479-v3 Exhibit AA Resolution Setting a Public Hearing for the Area A Contract of Sale City of Rialto Page 11 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 TAB NEW BUSINESS TAB8 16-830 Request City Council to Approve Resolution No. 7053 Accepting and Authorizing the Prepayment of Development Impact Fees by Panattoni Development Company for PPD 2400, PPD 2441 and PPD 2460 with the Condition that PDC pulls Building Permits and Commences Construction not later than June 30, 2017. (ACTION) Attachments: Exhibit A - Ordinance 1532 Exhibit B - PDC Request to Prepay Regional Traffic DIF Exhibit C - Resolution - Prepay DIF TAB9 16-837 Request City Council to Approve Amendment #2 to the Purchase and Sale Agreement with PDC OC/IE LLC for two City properties (APN 0240-221-24 and 27). (ACTION) Attachments: Exhibit A - Site Map Exhibit B - Purchase and Sale Agreement Exhibit C - Amend. 1 PSA Exhibit D - #3,4 City of Rialto- Second Amendment to PSA (I-210 IV, Rialto) 11.22.16 TAB10 16-806 Request City Council to Approve Release of Request for Qualifications to retain a Developer for Development of the 15-acre Residual Successor Agency Parcel situated on the west side of Riverside Avenue, between San Bernardino Avenue and Valley Avenue and Establish a Seven-Member Evaluation Panel. (ACTION) Attachments: Exhibit A - Site Map Exhibit B - Concept Plans Exhibit C - Rialto Gateway RFQ 11-14-16 City of Rialto Page 12 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 TAB11 16-831 Request City Council to (1) Rescind a Construction Contract with Smart Tech Group, Inc., in the amount of $190,510.25 for the Annual Non-CDBG Curb, Gutter, and Sidewalk Improvement Project (Zone 3); (2) Award a Construction Contract to Tryco General Engineering, Inc., in the amount of $188,298.25 for the Annual Non-CDBG Curb, Gutter, and Sidewalk Improvement Project (Zone 3). (ACTION) Attachments: Attachment 1 - Non-CDBG Zones 1, 2, and 3 Attachment 2- Notice of Termination (Zone 3) Attachment 3 - Bid Summary (Zone 3) Attachment 4 - License and Reference Check (Tryco) Attachment 5 - Construction Contract 11-21-16 Attachment 6 - Notices of Exemption TAB12 16-785 Request City Council to Authorize the City Administrator to Approve Final Contract Change Order No. 3 in the amount of $38,749.79 for the Easton Development Parking Lot Improvements Project, City Project 160812. (ACTION) Attachments: Attachment 1 - 7-9-16 S.R. Attachment 2 - CCO 1 S.R. Attachment 3 - Current Construction Photos Attachment 4 - Vicinity and Site Location Attachment 5 - CCO #3 TAB13 16-866 Request City Council to Approve Resolution No. 7054, entitled “A Resolution of the City Council of the City of Rialto, California, Ratifying and Establishing The Amount Of The Business License Tax On Wholesale Liquid Fuel Storage Facilities Pursuant To Ordinance No. 1556 for the 2015/2016 and 2016/2017 Fiscal Years.” (ACTION) Attachments: Rialto - Tank Farm Tax Rate Setting Resolution FY 15-16 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: City of Rialto Page 13 Printed on 12/12/2016 City Council Regular Meeting December 13, 2016 ADJOURNMENT City of Rialto Page 14 Printed on 12/12/2016