City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, April 11, 2017 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 Ed Scott Council Member Joe Baca Jr. Council Member Rafael Trujillo Council Member Andy Carrizales Barbara A McGee City Clerk Edward Carrillo City Treasurer Fred Galante City Attorney Mike Story City Administrator City Council Regular Meeting April 11, 2017 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.1589 Next Resolution No.7107 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 4/6/2017 City Council Regular Meeting April 11, 2017 1 17-299 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) Michael Darkens v. City of Rialto WCAB SAC0000178680 (b) Sherwin Lewis v. City of Rialto San Bernardino County Superior Court CIVDS1600381 (c) Carllean Martin v. Joan Barber, City of Rialto San Bernardino County Superior Court CIVDS1619272 2 17-319 Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 3 17-307 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: Portion of APN 0253-151-05 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Ali Tayeb & Tay 4, LLC (b)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0253-151-01 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Colton Unified School (c)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0253-151-06 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. La Rana Loca Inc. City of Rialto Page 3 Printed on 4/6/2017 City Council Regular Meeting April 11, 2017 4 17-306 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: Portion of APN 0131-191-06 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Mario Barron and Patricia Vidro (b)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0132-011-20 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Alfredo Sierra and Anna Mae Sierra (c)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0131-191-10 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Gloria Duncan (d)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0131-191-15 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Jose Arthur Moreno and Teresa Marie Crus Moreno (e)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0131-191-16 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Salvador Aguirre (f)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0131-202-03 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Maria L. Perez City of Rialto Page 4 Printed on 4/6/2017 City Council Regular Meeting April 11, 2017 (g)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0132-011-22 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Eugene and Florence Henriksen (h)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0132-021-04 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Jesse Lee and Jun Han Lee (I)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0132-021-08 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Miguel Angel Almarz (J)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0132-021-15 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Carol Yang and Chang Chin City of Rialto Page 5 Printed on 4/6/2017 City Council Regular Meeting April 11, 2017 5 17-305 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: Portion of APN 0132-031-14 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Gabriel and Alma Arroyos (b)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0131-212-14 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Donel Erin and Tina Wright-Ervin (c)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0131-212-15 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Luis and Norma Gomez. (d)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0131-021-06 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Martin Benton Guest and Gladys Clara Guest (e)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0131-202-06 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Joe and Terri Gammariello (f)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0131-191-14 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Glen and Teresa Roybal City of Rialto Page 6 Printed on 4/6/2017 City Council Regular Meeting April 11, 2017 (g)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0132-011-18 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. John and Sara Sanchez (h)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0131-212-11 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Rojas & Aroujo-Rojas 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Deborah Robertson INVOCATION-Pastor Rick Whited-Calvary Chapel City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 17-287 Proclamation-Child Abuse Prevention Month-Mayor Deborah Robertson 2 17-290 Proclamation-Fair Housing Month-Mayor Deborah Robertson 3 17-308 Proclamation-Earth Day-Mayor Deborah Robertson 4 17-310 Certificate of Appreciation for Human Relations Commissioner Obed M. Rojas Mayor Deborah Robertson 5 17-288 Certificate of Recognition-student winners of Fuel for Success 500 Council Member Rafael Trujillo 6 17-309 Proclamation-National Animal Care & Control Appreciation Week-Captain William Wilson 7 17-292 Proclamation-National 911 Awareness and Education Month Captain William Wilson 8 17-293 Proclamation-National Public Safety Telecommunications Week Captain William Wilson City of Rialto Page 7 Printed on 4/6/2017 City Council Regular Meeting April 11, 2017 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 17-294 Resolution No. 35 (03/17/17) Attachments: Warrant Resolution No. 35.pdf B.2 17-295 Resolution No. 36 (03/24/17) Attachments: Warrant Resolution No. 36.pdf C. APPROVAL OF MINUTES C.1 17-300 Regular City Council Meeting - March 28, 2017 Attachments: March 28 2017 minutes.pdf D. CLAIMS AGAINST THE CITY D.1 17-296 Jose Camberos - Vehicle Damage Attachments: Claim-Camberos D.2 17-297 Mary Brown - Vehicle Damage Attachments: Claim-Brown D.3 17-298 Zahir Ansari - Water Billing Attachments: Claim-Ansari E. MISCELLANEOUS City of Rialto Page 8 Printed on 4/6/2017 City Council Regular Meeting April 11, 2017 E.1 17-271 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for February 2017. Attachments: Exhibit A Airport Escrow Statement of Income and Expense 2.28.17 Exhibit B Cal Trust and FSB Statements for Master Airport Escrow February 2017 Exhibit C Protocol Account Statements from FSB and CalTrust E.2 17-272 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 February 2017. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense February 2017 Exhibit B Miro Way Escrow Statements from FSB and CalTrust February 2017 Exhibit C Alder Avenue Escrow Statement of Income and Expense Exhibit D Alder Avenue Escrow Statements from FSB and CalTrust February 2017 Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense February 2017 Exhibit F Locust Laurel Walnut Statements from FSB and CalTrust February 2017 E.3 17-274 Request City Council to Adopt Resolution No. 7105 Authorizing the Destruction of Certain Municipal Records of the Rialto Police Department. Attachments: Reso Police destruction Exhibit A E.4 17-278 Request City Council to Approve an Increase to Purchase Order No. 2017-1319 with Apple One Employment Services to Provide Temporary Information Technology Specialist Support Services for the Information Technology Division in the amount of $15,000, for a total not-to-exceed amount of $29,870.40 for the Remainder of Fiscal Year 2016/2017. Attachments: Original AppleOne PO 2017-1319 Quote for Eric Kloba - IT Specialist E.5 17-231 Request City Council to Approve the Purchase of the GIS Integration Module for the OnBase Document Management System in the amount of $49,000. Attachments: ESRI OnBase Module.docx QUOTE-17 152 Rialto ESRI Integration Quote.pdf E.6 17-243 Request City Council to issue a Facility Alcohol Use Permit to Sunseri’s for the Mayors’ Freeway Jazz Festival to be held on April 23, 2017, at Jerry Eaves Park. Attachments: Mayor's Freeway Jazz Date 02-28-2012 Doc. No. 1500 Agency CITY COUNCIL-RDA Meeting Type ALCOHOL 20160418 - Proof of Insurance Sunseri's ABC License City of Rialto Page 9 Printed on 4/6/2017 City Council Regular Meeting April 11, 2017 TAB PUBLIC HEARING TAB1 17-273 Request City Council to Conduct a Public Hearing on the 2017 Weed Abatement Program and consider any objections to imposing any abatement cost therefore as a lien against parcels that are not in compliance with the ordinance. (ACTION) Attachments: Resolution No. 7091 Exhibit A - 2017 Weed Abatement List.pdf TAB2 17-303 Request City Council to Conduct a Public Hearing to 1) introduce Ordinance No. 1586 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADDING CHAPTER 15.59 TO THE RIALTO MUNICIPAL CODE ESTABLISHING A PROGRAM FOR FIRE AND LIFE SAFETY INSPECTIONS OF NON-RESIDENTIAL OCCUPANCIES”, reading by title only and waving further reading thereof and 2) Adopt Resolution No. 7080 Setting Forth Fees for Non-Residential Fire Inspections. (ACTION) POWERPOINT Attachments: Resolution adding fee Non Residential.pdf Ordinance adding Chapter 15.59.pdf Exhibit A for non-residential inspection fee reso Inspection fee council pres 17-130 3 pos TAB NEW BUSINESS TAB3 17-317 Request City Council to Direct Staff and City Attorney to Prepare Ordinances to Prohibit all Marijuana Operations and/or Regulate Personal Marijuana Cultivation to the Fullest Extent Allowed by Proposition 64. (ACTION) Attachments: Prop 64 and Marijuana Law Workshop TAB4 17-222 Request City Council to Approve Memorandum of Understanding with Southern California Association of Governments and the Agreement with San Bernardino County Transportation Authority for the Earth to Table Go Human Right On Rialto Event and Adopt Resolution No. 7106 for a grant of $70,000. (ACTION) POWERPOINT Attachments: Rialto SBCTA MSRC_Open_Streets_Contract_2017 City of Rialto SCAG MOU Budget Resolution Right on Rialto Open Street Event Go Human Presentation Draft 04-05-2017 City of Rialto Page 10 Printed on 4/6/2017 City Council Regular Meeting April 11, 2017 TAB5 17-262 Request City Council to Approve the Renewal of a Five-Year Contract with the San Bernardino County Fire Department for Household Hazardous Waste Services for FY2017/2018 in the amount of $121,888.14; for FY2018/2019 in the amount of $125,544.78; FY2019/2020 in the amount of $129,311.13; FY2020/2021 in the amount of $133,190.46 and FY2021/2022 in the amount of $137,186.18 for a total five year cumulative amount of $647,120.69. (ACTION) Attachments: Attachment 1 - CONTRACT-Rialto SBCFPD 2017-2022 TAB6 17-270 Request City Council, Acting as the Successor Agency to the former Redevelopment Agency of the City of Rialto to Adopt Resolution No. SA6-17 Approving Amendment #3 to the Purchase and Sale Agreement by and between the Successor Agency and Fountainhead Shrugged LLC to extend the Contingency Period and reduce the Purchase Price to $457,092. (ACTION) Attachments: Exhibit A - Site Maps Exhibit B - Agreement Exhibit C - Contigency and Escrow Closure Extension 3-13-17 Exhibit D - PPD Letter No. 2456 Exhibit E - Resolution Exhibit F - PSA Amendment #3 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 11 Printed on 4/6/2017