City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, October 10, 2017 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency 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 October 10, 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.1592 Next Resolution No.7215 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 1 17-933 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: Two cases. 6:00 p.m. Called to Order By: ROLL CALL Page 2 Printed on 10/5/2017 City Council Regular Meeting October 10, 2017 PLEDGE OF ALLEGIANCE-Council Member Joe Baca Jr. INVOCATION-Pastor John Phillips, St. Paul Family Ministries City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 17-926 Proclamation-College Application Day-Mayor Deborah Robertson ORAL COMMUNICATIONS (5-minute time limit) 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 17-919 Resolution No. 4 (07/28/17) Attachments: Warrant Resolution No. 4.pdf B.2 17-920 Resolution No. 4A (07/28/17) Attachments: Warrant Resolution No. 4A.pdf C. APPROVAL OF MINUTES C.1 17-921 Regular City Council Meeting - September 26, 2017 Attachments: September 26 2017 minutes.pdf D. CLAIMS AGAINST THE CITY D.1 17-923 Equilon Enterprises - Refund/Appeal Attachments: Appeal of Measure U.pdf Page 3 Printed on 10/5/2017 City Council Regular Meeting October 10, 2017 D.2 17-924 Southern California Edison - Property Damage Attachments: Claim-SCE.pdf D.3 17-925 Alice M. Graciano - Personal Injury Attachments: Claim-Graciano.pdf E. SET PUBLIC HEARING E.1 17-912 Request City Council to Set a Public Hearing for October 24, 2017 for Development Code Amendment No. 2017-0003, Introduction for First Reading of An Ordinance of the City Council approving an Amendment to Chapter 9.53 (MARIJUANA CULTIVATION) AND 18.115 (COMMERCIAL MARIJUANA SALES) OF THE RIALTO MUNICIPAL CODE AND REPEALING CHAPTER 9.45 (MOBILE MARIJUANA DISPENSERIES) AND VARIOUS SECTIONS OF TITLE 18 AS IT PERTAINS TO MEDICAL MARIJUANA DISPENSERIES. Attachments: RIALTO - Marijuana Ordinance - Businesses and Personal Cultivation E.2 17-913 Request City Council to Set a Public Hearing for October 24, 2017 for Development Code Amendment No. 2017-0004, Introduction for First Reading of An Ordinance of the City Council approving an Amendment to SECTION 18.58.060(B)(1) (CARPORT ALTERNATIVE) OF THE RIALTO MUNICIPAL CODE AS IT PERTAINS TO PARKING REQUIREMENTS FOR MULTI-FAMILY RESIDENTIAL (R-3) DEVELOPMENT. Attachments: Ordinance Amending Rialto_s Carport Parking section 18.58.060 Page 4 Printed on 10/5/2017 City Council Regular Meeting October 10, 2017 E.3 17-911 Request City Council to Set a Public Hearing for October 24, 2017 to consider Ordinance No. ______ “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING CHAPTER 9.45 AND ADDING CHAPTER 18.112 OF THE RIALTO MUNICIPAL CODE TO EXPRESSLY BAN THE CULTIVATION AND DELIVERY OF MEDICAL MARIJUANA IN ALL ZONES OF THE CITY and repeal Ordinance No. 1570 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTIONS 18.02, GENERAL PROVISIONS; 18.04 DEFINITIONS; 18.26 A-P ZONE; 18.27 O-P ZONE; 18.28 C-1 ZONE; 18.30 C-1A ZONE; 18.31 R-C ZONE, 18.32 C-2 ZONE; 18.33 F-C ZONE; 18.34 C-3 ZONE, 18.35 I-P ZONE; 18.36 C-M ZONE; 18.38 M-1 ZONE AND 18.40 PID ZONE OF THE RIALTO MUNICIPAL CODE AS IT PERTAINS MEDICAL MARIJUANA DISPENSARIES”. Attachments: Exhibit A - Ordinance No. 1453 (Medical Marijuana) Exhibit B - Ordinance No. 1540 Exhibit C - Ordinance No. 1570 Exhibit D - Medical Marijuana Cultivation Ban Ordinance Exhibit E - Agenda Report - Medical Marijuana Prohibition Marijuana Cultivation Public Hearing Notice final E.4 17-932 Request City Council to Set a Public Hearing for October 24, 2017 for Development Code Amendment No. 2017-0005, Introduction for First Reading of An Ordinance of the City Council approving an Amendment to add Section 18.64.090, “Minor Variance” to Chapter 18.64 of Title 18 in the Rialto Municipal Code establishing a Minor Variance Administrative Approval Procedure. Attachments: Planning Commission Resolution Minor Variance Ordinance E.5 17-934 Request City Council to Set a Public Hearing for October 24, 2017 for Development Code Amendment No. 2017-0007, Introduction for First Reading of An Ordinance of the City Council approving an AMENDMENT TO SECTIONS 18.110.020 AND 18.110.050 OF CHAPTER 18.110 “REGULATION OF THE OFF-SALE OF ALCOHOLIC BEVERAGES” OF TITLE 18 IN THE RIALTO MUNICIPAL CODE. Attachments: Ordinance Amendment PC Resolution F. MISCELLANEOUS Page 5 Printed on 10/5/2017 City Council Regular Meeting October 10, 2017 F.1 17-905 Request City Council to Adopt Resolution No. 7212 Approving Parcel Map No. 19726, a Request to Consolidate Eight (8) Parcels of Land into One (1) 9.35 Net Acre Parcel of Land to Facilitate the Development of a 200,845 Square Foot Warehouse Building Located at the Northwest Corner of Alder Avenue and Walnut Avenue and Approve the Subdivision Improvement Agreement. Attachments: Attachment 1 - PC Agenda Item & Resolution Attachment 2 - PM 19726 Attachment 3 - Subdivision Improvement Agreement - Clean (I-210 V, Rialto) 9.21.17 Resolution Approve PM 19726 F.2 17-906 Request City Council to Approve a Grant of Easement between the Successor Agency and Southern California Edison for facilities located on the Northerly Side of Renaissance Parkway, east of Locust Avenue. Attachments: Exhibit A Map of SCE Easement.pdf Exhibit B Lewis Renaissance - Renaissance Pkwy TD 1272479 Unsigned 17-0928.pdf Exhibit C LHR Consent to SCE Easement F.3 17-881 Request City Council to Approve Agreements with Property Owners on Cactus Avenue, Valley Boulevard, and Linden Avenue in the total amount of $30,295 for Right-of-Way Acquisition and Temporary Construction Easements for the Valley, Cactus and, Linden Widening Project, City Project No.140802. Attachments: Attachment 1-Agreement 0253-151-05 Attachment 2-Agreement 1133-281-40 Attachment 3-Agreement 0239-341-13 Attachment 4-NOD Valley Cactus Linden Attachment 5-IS-MND Valley Cactus-Linden F.4 17-901 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 2017. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense August 2017.pdf Exhibit B CalTrust and FSB Statements for Miro Escrow August 2017.pdf Exhibit C Alder Avenue Escrow Statement of Income and Expense for August 2017.pdf Exhibit D CalTrust and FSB Statements for Alder Escrow August 2017.pdf Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense for August 2017.pdf Exhibit F CalTrust and FSB Statements for Locust Escrow August 2017.pdf Page 6 Printed on 10/5/2017 City Council Regular Meeting October 10, 2017 F.5 17-902 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for August 2017. Attachments: Exhibit A Airport Escrow Statement of Income and Expense August 31 2017.pdf Exhibit B CalTrust and FSB Statements for Airport Escrow August 2017.pdf Exhibit C CalTrust and FSB Statements for Protocol Account August 2017.pdf Exhibit D Protocol Account Income and Expense for August 2017.pdf F.6 17-850 Request City Council to (1) Accept the Annual CDBG Curb, Gutter, & Sidewalk Improvement Project; (2) Authorize Filing of the Notice of Completion; and (3) Authorize Release of Retention to Hardy & Harper, Inc., a California Corporation. Attachments: Attachment 1 - Project List and Location Map Attachment 2 - Notice of Completion 09-11-17 Attachment 3 - Notice of Exemption (Filed Copy) F.7 17-878 Request City Council to Approve Agreements with Property Owners on Randall Avenue between Cactus Avenue and Riverside Avenue in the Total Amount of $15,069.24 for Right-of-Way Acquisition and Temporary Construction Easements for the Randall Avenue Widening Project, City Project No. 140809. Attachments: Attachment-1 & 2 Attachment 3-NOD Randall Attachment 4-IS-MND-Randall F.8 17-793 Request City Council to (1) Accept the Easton Development Parking Lot Improvements; City Project No. 160812; (2) Approve Change Order No. 4 in the amount of $8,879.90; (3) Authorize Filing of the Notice of Completion; and (4) Authorize Release of Retention to TSR Construction and Inspection. Attachments: Attachment 1 - Notice of Completion CCO No. 4 TAB NEW BUSINESS TAB 1 17-903 Request City Council to Approve a First Amendment to the Professional Service Agreement with PMAM Corporation for False Alarm Management Services for a Period of One Year. (ACTION) Attachments: Comparision of Surrounding Cities San Bernardino County's Alarm Study FIRST AMENDM'T TO PROF AGMT Page 7 Printed on 10/5/2017 City Council Regular Meeting October 10, 2017 TAB 2 17-796 Request City Council to 1) Adopt Resolution No. 7213; and 2) Award a Contract to KASA Construction, Inc., in the Amount of $5,147,000 for the Construction of Joe Sampson Park, City Project No. 150303 . (ACTION) Attachments: Attachment 1 - KASA Construction Contract Attachment 2 - KASA Reference Check Table Budget Resolution TAB 3 17-885 Request City Council to Authorize the Issuance of a Purchase Order to Musco Sports Lighting, LLC in the Amount of $136,374 for the Purchase of Field Lights for Ball Field No. 2 at Bud Bender Park, City Project CB1801. (ACTION) Attachments: Memo dated 5-28-2015 attachment 1 Bud Bender Ball Field TAB 4 17-907 Request City Council to Approve a Professional Services Agreement with IDS Group for Engineering, Landscape Design and Project Management Services for Phase II Citywide Parks Improvements, in the amount of $571,900. (ACTION) Attachments: Attachment 1 - RFP, Design Phase II Citywide Parks Impvts with Addenda Attachment 2 - Proposal and Interview Score Sheet; RFP 17-047 Attachment 3 - IDS_Citywide park improvements_RFP 17-047 Attachment 4 - 2017-09-30 IDS Group Interview Follow-up, Rialto City-wide Parks Attachment 5 - Draft PSA with IDS Group REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT Page 8 Printed on 10/5/2017