City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, June 13, 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 June 13, 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.1591 Next Resolution No. 7148 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 6/12/2017 City Council Regular Meeting June 13, 2017 1 17-541 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) Carllean Martin v. City of Rialto San Bernardino County Superior Court CIVDS1619272 (b) Matthew Blanco & Richard Royce v. City of Rialto U.S. District Court, Case No. 5:17:cv-00994-R-DTB (c) Benjamin Limon v. City of Rialto U.S. District Court, Case No. 2:16-cv-3938 FMO 2 17-559 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 17-564 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: Two cases. 4 17-558 Public Employment pursuant to Government Code Section 54957 Title: City Administrator 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Council Member Andy Carrizales INVOCATION-Pastor Harry Bratton-Greater Faith Bible Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 17-529 Certificates of Appreciation-Student Commissioners Mayor Deborah Robertson 2 17-532 Proclamation-Drowning Prevention Week-Mayor Deborah Robertson 3 17-534 Certificate of Recognition-SB County Music Educator’s Assoc. Solo Fest.- Council Member Rafael Trujillo City of Rialto Page 3 Printed on 6/12/2017 City Council Regular Meeting June 13, 2017 4 17-535 Presentation-SCAN Star Awards for Video Programming-Cable Commission Chairperson Sybil E. Johnson-Helm POWER POINT 5 17-536 Presentation-Update from SANBAG: Pepper Avenue Extension-Project Delivery Manager Paula Beauchamp POWER POINT 6 17-530 Presentation-2017 4th of July Fireworks Enforcement-Fire Chief Sean Grayson POWER POINT Attachments: Fireworks enforcement 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 17-543 Resolution No. 42 (05/05/17) Attachments: Warrant Resolution No.42.pdf B.2 17-544 Resolution No. 43 (05/12/17) Attachments: Warrant Resolution No. 43.pdf C. APPROVAL OF MINUTES C.1 17-537 Regular City Council Meeting - May 09, 2017 Attachments: May 9 2017 minutes.pdf C.2 17-540 Special City Council Meeting - May 11, 2017 Attachments: May 11 2017 minutes.pdf D. CLAIMS AGAINST THE CITY D.1 17-542 Yvonne Thomas -Property Damage Attachments: Claim-Thomas.pdf City of Rialto Page 4 Printed on 6/12/2017 City Council Regular Meeting June 13, 2017 E. SET PUBLIC HEARING E.1 17-493 Request City Council to Set a Public Hearing for June 27, 2017, to consider Conditional Development Permit No. 832, which is a request to develop a Gas Station consisting of a 3,096 square foot overhead canopy with six (6) fuel dispensers, Conditional Development Permit No. 833, which is a request to develop a 3,139 square foot convenience market, and Conditional Development Permit No. 834, which is a request to allow the off-sale of beer and wine in conjunction with the proposed convenience market. Attachments: Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Floor Plan Exhibit D - Convenience Market Elevations Exhibit E - Gas Canopy Elevations Exhibit F - Conceptual Landscape Plan Exhibit G - Crime Prevention Plan Exhibit H - Planning Commission Staff Report Exhibit I - Planning Commission Resolution No. 17-17 Exhibit J - Planning Commission Resolution No. 17-18 Exhibit K - Planning Commission Resolution No. 17-19 Exhibit L - Notice of Hearing City of Rialto Page 5 Printed on 6/12/2017 City Council Regular Meeting June 13, 2017 E.2 17-482 Request City Council to Adopt Resolutions No. 7127, No. 7128, and No. 7129 ordering the preparation of Engineer’s Reports, Adopt Resolutions No. 7130, No. 7131, and No. 7132 giving Preliminary Approval of the Engineer’s Reports for Street Light Maintenance District No. 1, Landscape Maintenance District No. 1, and Landscaping and Lighting District No. 2 and Adopt Resolutions No. 7133, No. 7134, and No. 7135 declaring the City Council’s intention to Conduct a Public Hearing for July 11, 2017, and to Consider the Levy and Collection of Assessments Therein. Attachments: Attachment 1 - FY1718 City of Rialto_SLD 1_Engineer Report_Intent Attachment 2 - FY1718 City of Rialto_LMD 1_Engineer Report_Intent Attachment 3 - FY1718 Rialto_LLD 2_Engineer Report _vIntent FY1718 SLD 1-Resolution 1_Prep of ER FY1718 LMD 1-Resolution 1_Prep of ER FY1718 LLD 2-Resolution 1_Prep of ER FY1718 SLD 1-Resolution 2_Prelim of ER FY1718 LMD 1-Resolution 2_Prelim of ER FY1718 LLD 2-Resolution 2_Prelim of ER FY1718 SLD 1-Resolution 3_Intent FY1718 LMD 1-Resolution 3_Intent FY1718 LLD 2-Resolution 3_Intent of FY1718 Rialto SLD1 Prelim Roll_ FY1718 Rialto LMD1 Prelim Roll FY1718 Rialto LLD2 Prelim Roll F. MISCELLANEOUS F.1 17-494 Request City Council to Approve Resolution No. 7136 Delegating a Trustee to Act on Behalf of the City of Rialto with regard to Official Matters of Lincoln Financial Group. Attachments: 051717- RESO- Lincoln Financial F.2 17-514 Request City Council to Approve an Increase to the Purchase Order for K-Cal Officials for Fiscal Year 2016/2017 for officiating services through June 2017 for a Total Cost of $21,000. City of Rialto Page 6 Printed on 6/12/2017 City Council Regular Meeting June 13, 2017 F.3 17-475 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for April 2017. Attachments: Exhibit A Airport Escrow Statement of Income and Expense April 30 2017 Exhibit B CalTrust and FSB Statements for Airport Escrow April 2017 Exhibit C Caltrust and FSB Statements for Protocol Account April 2017 Exhibit D Protocol Account Income and Expense April 2017 F.4 17-476 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 April 2017. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense for April 2017 Exhibit B CalTrust and FSB Statements for Miro Way Account April 2017 Exhibit C Alder Avenue Escrow Statement of Income and Expense for April 2017 Exhibit D CalTrust and FSB Statements for Alder Avenue Account April 2017 Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense for Aprill 2017 Exhibit F CalTrust and FSB Statements for Locust.Laurel.Walnut Escrow Account for April 017 F.5 17-470 Request City Council to Authorize the Release of Request for Bids No. 17-119 for the Phase 1 Cedar Avenue Sidewalk Improvements, City Project No. 130808. Attachments: Attachment 1-Site plan F.6 17-503 Request City Council to Approve the Purchase of Bulk Ammunition From LC Action Police Supply in the Amount of $25,391.29. Attachments: Bid Abstract F.7 17-506 Request City Council/Rialto Utility Authority to Receive and File the 2016 Consumer Confidence Report. Attachments: Attachment 1 - 2016 CCR F.8 17-512 Request City Council to Authorize the Release of Request for Bid No. 17-126 for the 2016/17 Annual Street Overlay Project, City Project No.170804. Attachments: Attachment 1 - Project Location Map Attachment 2 - NIB - 17-126 Attachment 3 - Notice of Exemption 170804 City of Rialto Page 7 Printed on 6/12/2017 City Council Regular Meeting June 13, 2017 F.9 17-509 Request City Council to Authorize the Release of Request for Bid No. 17-102 for the Annual Pavement Slurry Maintenance Project, City Project No. 170805. Attachments: Attachment 1 - Zone Map Attachment 2 - Project Location Map - Zone 5 Attachment 3 - NIB - 17-102 Attachment 4 - Notice of Exemption F.10 17-552 Request City Council to Adopt on second reading Ordinance No. 1590 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING CHAPTER 18.10 (R-1A, SINGLE FAMILY ZONE) OF THE RIALTO MUNICIPAL CODE AS IT PERTAINS TO ACCESSORY DWELLING UNITS.” Attachments: Ordinance No. 1590 TAB PUBLIC HEARING TAB1 17-481 Request City Council to Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting District No. 2, Adopt Resolution No. 7137 Declaring the Results of the Property Owner Protest Ballot Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Territory to the Rialto Landscaping and Lighting District No. 2, Commencing in Fiscal Year 2017/2018; and Adopt Resolution No. 7138 Confirming the Engineer’s Report Regarding the Annexation of Territory to the Rialto Landscaping and Lighting District No. 2, the Levy of Annual Assessments Described Therein, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments Commencing in Fiscal Year 2017/2018 for Said Annexation. (ACTION) Attachments: Attachment 1 - FY1718 Rialto LLD Annexation ER_PH Attachment 2 - LLD2 Boundary 032017 FY1718 Rialto-LLD2-Annexation PH Reso 1 05-18-17 FY1718 Rialto-LLD2-Annexation PH Reso 2 05-08-17 TAB2 17-492 Request City Council to Conduct a Public Hearing to Consider Placement of Liens for Delinquent Refuse Collection Accounts for the Fourth Quarter of 2016; and Adopt Resolution No. 7139 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Auditor Controller-Recorder. (ACTION) Attachments: Attachment 1 - Exhibit A - Residential and Commercial Lien List 4rth Qtr. 2016 Resolution City of Rialto Page 8 Printed on 6/12/2017 City Council Regular Meeting June 13, 2017 TAB3 17-525 Request City Council to Conduct a Public Hearing to Consider and Approve the City’s 2017-2018 Annual Action Plan. (ACTION) Attachments: CDBG Exhibits Exhibit E - Ntc-AP COMBINED Rev TAB4 17-488 Request City Council to Conduct a Public Hearing to Consider Adoption of (1) Resolution No. 7140 approving Amendment No. 6 to the Agua Mansa Specific Plan, which is a request to modify the required amount of off-street parking for Warehouse/Storage uses contained within Table 10 of the Agua Mansa Specific Plan, (2) Resolution No. 7141 approving Tentative Parcel Map No. 19636, which is a request to allow the consolidation of six (6) parcels of land (APNs: 0258-041-04, -06, -12, -32, -33, & -34) into one (1) 24.34 net-acre parcel of land to facilitate the development of a 525,110 square foot warehouse building, and (3) Resolution No. 7142 certifying the Environmental Impact Report (Environmental Assessment Review No. 15-19) prepared for consideration in conjunction with the project. (ACTION) POWER POINT Attachments: CapRock III - Power Point Presentation Exhibit A - Location Map Exhibit B - Tentative Parcel Map No. 19639 Exhibit C - Site Plan Exhibit D - Building Elevations Exhibit E - Conceptual Landscape Plan Exhibit F - Planning Commission Agenda Report Exhibit G - Planning Commission Resolution No. 17-04 Exhibit H - Planning Commission Resolution No. 17-05 Exhibit I - Planning Commission Resolution No. 17-06 Exhibit J - Draft Environmental Impact Report Exhibit K - Final Environmental Impact Report Exhibit L - Native American Consultation Responses Exhibit M - CC Notice of Hearing Exhibit N - Draft Resolution for EAR No. 15-19 Exhibit O - Draft Resolution for AMD No. 6 AMSP Exhibit P - Draft Resolution for TPM No. 19639 TAB5 17-539 Request City Council to Continue the Public Hearing to June 27, 2017, to Approve and Adopt the Budget Plan for Fiscal Year 2017-2018. (ACTION) TAB NEW BUSINESS City of Rialto Page 9 Printed on 6/12/2017 City Council Regular Meeting June 13, 2017 TAB6 17-502 Request City Council to Approve the Memorandum of Understanding Between the Rialto Unified School District and the City of Rialto for Three School Resource Officers in the amount of $110,000.00. (ACTION) Attachments: Memorandum of Understanding TAB7 17-508 Request City Council to Adopt a Budget Resolution No. 7143 Recognizing Revenue and Appropriating Budget and Authorize the Purchase of Four Vehicles in the Amount of $133,800.03 from Sunrise Ford. (ACTION) Attachments: Abstract of Bids Budget Resolution TAB8 17-510 Request City Council to Approve the Fifth Amendment to the Professional Services Agreement with Stradling, Yocca, Carlson and Rauth Increasing the Budget Authority by $82,860 to a total of $830,860 for Legal Services related to the Airport Redevelopment Project for Fiscal Year 2016/17. (ACTION) Attachments: Exhibit A - January 24, 2017 Staff Report Exhibit B - Amendment #5 TAB9 17-511 Request City Council to Approve First Restated and Amended Purchase and Sale Agreement between the City of Rialto and Arrow United Investment LLC and the Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions between the City of Rialto and the County of San Bernardino all related to the purchase and concurrent conveyance of County property (portions of APN 1119-241-01 and 02) for $4,600,000. (ACTION) Attachments: Exhibit A - Map Exhibit B - Staff Report Exhibit C - Proposed Lot LIne Exhibit D - Amended and Restated Agreemwnt with the County Exhibit E - First Restated PSA (City-Arrow) 6 4 2017 City of Rialto Page 10 Printed on 6/12/2017 City Council Regular Meeting June 13, 2017 TAB10 17-485 Request City Council to Adopt Resolution No. 7144 Approving a map for a Business Center, Adopt Resolution No. 7145 Approving a Covenant and Agreement with Fountainhead Shrugged LLC to utilize a sign panel for Coffee Bean and Tea Leaf at an existing Freeway Sign in the Easton Retail Center located east of Riverside Avenue and north of Easton Avenue. (ACTION) Attachments: Exhibit A - Site Map Exhibit B - PSA Agreement Exhibit C - CCR's Easton Retail Center Exhibit D - Resolution Approving Agreement Exhibit E - Covenant Agreement 5 4 20171 Exhibit F - Resolution Consolidating Parcels and Designating Business Center TAB11 17-458 Request City Council/Rialto Utility Authority Approve to the Purchase of 2,000 Acre Feet of State Water Project Water, at the Rate of $118.40 per Acre Foot, in the Amount of $236,800 for Recharge of the San Bernardino Basin Area. (ACTION) TAB12 17-462 Request City Council/Rialto Utility Authority to Approve an Increase to the Purchase Authorization for Brownstein, Hyatt, Farber Schreck in the amount of $235,000 for Services Related to a Change of Use Petition with the State Water Resources Control Board, increasing the total Purchase Authorization to $435,000. (ACTION) TAB13 17-367 Request City Council to Adopt Budget Resolution No. 7146 authorizing an Increase to the Purchase Order (PO) with Willdan Engineering Company in the Additional Amount of $458,514 for a Cumulative Amount of $858,514 in Fiscal Year 2016-2017 for “On-Call” Public Works Construction Management and Inspection Services. (ACTION) Attachments: Attachment 1 - July 12, 2016 Staff Report Budget Resolution - Willdan 06-13-17 TAB14 17-490 Request City Council to Award a Construction Contract to Bell Roof Company in the Amount of $132,825 for the Citywide Roof Repairs Project, City Project No. 170202. (ACTION) Attachments: Attachment 1- BACKGROUND CHECK Bell Roof Company Inc project 170202 Attachment 2 Construction Contract with Bell Roof Company Inc 2017-2018 Citywide Roof Repair Projec Recorded Notice of Exemption for 2017-2018 Citywide Roof Repairs Project No 170202 3-21-2017 City of Rialto Page 11 Printed on 6/12/2017 City Council Regular Meeting June 13, 2017 TAB15 17-392 Request City Council to Adopt Budget Resolution No. 7147 authorizing an increase of $30,922.50 to the Purchase Order with Lynn Merrill and Associates Inc., for Additional Support in the Capital Improvement Programs and Engineering Technical Support within the Public Works Department, for a total not to exceed amount of $244,983.70. (ACTION) Attachments: PROPOSAL - CIPGIS Support REVISED - 5-23-2017 Resolution Increase PO for LMA CIP-GIS Support 6-13-17 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 12 Printed on 6/12/2017