City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, November 14, 2017 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO HOUSING AUTHORITY, 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 November 14, 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. 1598 Next Resolution No.7240 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 17-1021 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. Page 2 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 2 17-1022 Conference with Labor Negotiator regarding the following recognized employee organization pursuant to Government Code Section 54957.4: Agency designated representatives: Fred Galante, City Attorney Mike Story, City Administrator Employee organizations: RMMA Bargaining Unit RCEA Bargaining Unit RPBA Mgmt. Bargaining Unit RPBA General Bargaining Unit RFMA Bargaining Unit Rialto Firefighters Local 3688 3 17-1023 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) Robert Williams III v. City of Rialto WCAB SAC0000017858 & SAC000017836 4 17-1060 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 of Acquisition Location: 1451 North Linden Ave. Cell Tower North of Combined treatment Plant Negotiators: Robb R. Steel, ACA/Development Svs. Dir. Matthew Kohl, SBA 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Council Member Andy Carrizales INVOCATION-Pastor Jim Smith-The Bridge Church of the Nazarene City Attorney’s Report on Closed Session Page 3 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 PRESENTATIONS AND PROCLAMATIONS 1 17-1054 Proclamation-CalEITC-Mayor Deborah Robertson 2 17-1055 Proclamation-Diabetes Awareness Month-Mayor Deborah Robertson 3 17-1056 Certificate of Appreciation-RUSD Red Ribbon Decoration-Council Member Rafael Trujillo 4 17-1058 Presentation-Military Banner Program-Human Relations Commission 5 17-1057 Introduction of the Rialto Institute of Progress 8th Class City Administrator Mike Story 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 (ACTION) 1. Waive reading in full, all ordinances considered at this meeting. B. APPROVAL OF WARRANT RESOLUTIONS B.1 17-1039 Resolution No. 6 (08/11/17) Attachments: Warrnat Resolution No. 6.pdf B.2 17-1040 Resolution No. 6A (08/11/17) Attachments: Warrant Resolution No. 6A.pdf C. APPROVAL OF MINUTES C.1 17-1038 Regular City Council Meeting - October 24, 2017 Attachments: October 24 2017 minutes.pdf D. CLAIMS AGAINST THE CITY D.1 17-1016 Edward Palmer - Business Closure Attachments: Claim - Palmer Page 4 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 D.2 17-1018 SFPP - Measure U refund Attachments: Claim-SFPP.pdf E. SET PUBLIC HEARING E.1 17-997 Request City Council to Set a Public Hearing for January 9, 2018, to Conduct a Property Owner Protest Ballot Proceeding; Adopt Resolution No. 7222 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 2018/2019; and to Adopt Resolution No. 7223 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 2018/2019. Attachments: Attachment 1 - Engineer's Report Attachment 2 - LLD2 Boundary Map North Attachment 2 - LLD2 Boundary Map South Resolution 1 Resolution 2 F. MISCELLANEOUS F.1 17-973 Request City Council to Authorize the Purchase of Fifty (50) Active Shooter Vest Kits from Aardvark for a Total Cost of $20,160.03. Attachments: Abstract of Bids F.2 17-975 Request City Council to Approve Agreements for Right-of-Way Acquisition and a Temporary Construction Easement with the Property Owner at 520 West Randall Avenue in the Total Amount of $19,199.80 for the Randall Avenue Widening Project, City Project No. 140809. Attachments: Attachment 1-Agreements Attachment 2-NOD Randall Attachment 3-IS-MND-Randall F.3 17-985 Request City Council to Adopt Resolution No. 7224 approving a Memorandum of Understanding (MOU) between the City of Rialto and the Kiwanis Club of East Rialto providing Kiwanis Club meetings and Bingo presentations served out of the Grace Vargas Senior Center and Waiving Rental Fees. Attachments: REVISED MOU Kiwanis Club of East Rialto Resolution Page 5 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 F.4 17-998 Request City Council to Approve a Grant of Easement between the City of Rialto and Southern California Edison for facilities located on Linden Avenue, north of Miro Way. Attachments: Exhibit A - Site Map Exhibit B - Grant of Easement Exhibit C - Memo F.5 17-1000 Request City Council to Approve a Second Amendment to the Funding Agreement with Omnitrans related to the Metrolink Parking Lot Expansion. Attachments: Attachment 1 - Agenda item tab 4 - (04-12-2011) Attachment 2 - Agenda item tab 8 - (08-28-2012) Attachment 3 - Capital Project Subrecipient Process revisions 3 3 14 F.6 17-1024 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for September 2017. Attachments: Exhibit A Airport Escrow Statement of Income and Expense September 30 2017.pdf Exhibit B CalTrust and FSB Statements for Airport Escrow Account September 2017.pdf Exhibit C CalTrust and FSB Statements for Protocol Account September 2017.pdf Exhibit D Protocol Account Income and Expense for September 2017.pdf F.7 17-1025 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 September 2017. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense for September 2017.pdf Exhibit B CalTrust and FSB Statements for Miro Escrow Account September 2017.pdf Exhibit C Alder Avenue Escrow Statement of Income and Expense for September 2017.pdf Exhibit D CalTrust and FSB Statements for Alder Escrow Account September 2017.pdf Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense for September 2017.pdf Exhibit F CalTrust and FSB Statements for Alder Escrow Account September 2017.pdf F.8 17-1026 Request City Council to Adopt Resolution No. 7225 Approving Parcel Map 19815, a Request to Consolidate Six (6) Parcels into One (1) 49.95 Acre Parcel, Located Approximately 0.26 Miles South of Renaissance Parkway, Between Locust Avenue and Linden Avenue. Attachments: Attachment 1 - PC Resolution Attachment 2 - Location Map & Parcel Map Attachment 3 - Notice of Determination Resolution Approve PM 19815 Page 6 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 F.9 17-1002 Request City Council to Adopt Resolution No. 7226 Approving Tract Map 20009, a Request to Subdivide a 4.57 Acre Parcel of the Property identified by APN’s: 0131-212-06, -19 & -20, Located on the South West Corner of Bloomington Avenue and Willow Avenue into Thirty-Three (33) Single-Family Lots and three (3) Common Lots; and Approve the Subdivision Improvement Agreement. Attachments: Attachment 1 - PC-Agenda-Packet-8-31-16 Attachment 2 - TR 20009 Unrecorded Attachment 3 - Subdivision Improvement Agreement Attachment 4 - Initial Study of MND Resolution Approve TM 20009 F.10 17-1007 Request City Council to Adopt Resolution No. 7227 Approving Tract Map 17708, a Request to Subdivide a 4.7 Acre Parcel of the Property Located on the West Side of Acacia Avenue between James Street and Merrill Avenue into Twenty-Four (24) Parcels and Approve the Subdivision Improvement Agreement. Attachments: Attachment 1 - PC Report Attachment 2 - TM 17708_Unrecorded Attachment 3 - Subdivision Improvement Agreement Attachment 4 - PC Resolution No. 07-18 Resolution Approve TM 17708 F.11 17-1012 Request City Council to Adopt on Second Reading Ordinance No. 1593 entitled: “AN ORDINANCE OF THE CITY COUNCIL APPROVING MODIFICATIONS 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 AND R-4) DEVELOPMENT” (Development Code Amendment No. 2017-0004). Attachments: DCA 2017-0004 CC Ordinance - Carport Alternative Page 7 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 F.12 17-1014 Request City Council to Adopt on Second reading Ordinance No. 1594 entitled “AN ORDINANCE OF THE CITY COUNCIL TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITIES IN THE CITY, PROHIBIT OUTDOOR PERSONAL CULTIVATION OF MARIJUANA, AND ESTABLISH REASONABLE REGULATIONS FOR THE INDOOR PERSONAL CULTIVATION OF MARIJUANA, BY ADDING CHAPTER 18.115 (MARIJUANA USES AND ACTIVITIES PROHIBITED) TO TITLE 18 (ZONING) AND CHAPTER 9.53 (PERSONAL CULTIVATION OF MARIJUANA) TO DIVISION V OF TITLE 9, OF THE RIALTO MUNICIPAL CODE; AND REPEALING VARIOUS SECTIONS OF TITLE 18 (ZONING) AND CHAPTER 9.45 (MOBILE MARIJUANA DISPENSARIES) OF DIVISION V OF TITLE 9, OF THE RIALTO MUNICIPAL CODE (Development Code Amendment No. 2017-0003); BY REPEALING ORDINANCE NO.1570 AND FINDING AN EXEMPTION FROM CEQA. Attachments: Exhibt A - Ordinance No. 1453 (Medical Marijuana) Exhibit B - Ordinance 1540 Exhibit C- Ordinance 1570 Exhibit D RIALTO - Marijuana Ordinance - Businesses and Personal Cultivation final Exhibit E - DCA 2017-2003 CC PROOF OF PUBLICATION Exhbit F - 16-01 CC PROOF OF PUBLICATION F.13 17-1013 Request City Council to Adopt on Second Reading Ordinance No. 1596 entitled “ AN ORDINANCE OF THE CITY COUNCIL APPROVING AN AMENDMENT TO CHAPTER 18.64 OF TITLE 18 OF THE RIALTO MUNICIPAL CODE TO ADD SECTION 18.64.090, “MINOR VARIANCE” ESTABLISHING A MINOR VARIANCE ADMINISTRATIVE APPROVAL PROCEDURE”. Attachments: Minor Variance Ordinance F.14 17-1045 Request that City Council Approve Resolution No. 7228, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, SETTING THE AMOUNT OF THE BUSINESS LICENSE TAX FOR WHOLESALE LIQUID FUEL STORAGE FACILITIES PURSUANT TO ORDINANCE NO. 1556 FOR THE 2017/2018 FISCAL YEAR ” Attachments: Resolution - Tank Farm Tax Rate Setting Resolution FY 17_18 F.15 17-992 Request City Council to approve the revised Three (3) Year Building and Facility Joint Use Agreement between the City of Rialto and the Rialto Unified School District. Attachments: Building and Facility Joint Use Agreement November 2017 TAB PUBLIC HEARING Page 8 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 TAB1 17-1010 Request City Council to Conduct a Public Hearing to Introduce for First Reading Ordinance No. 1597 entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO TO ESTABLISH CHAPTER 15.64 OF THE RIALTO MUNICIPAL CODE ENTITLED ELECTRIC VEHICLE CHARGING STATION STREAMLINED PERMITTING PROCESS AND AMEND VARIOUS SECTIONS OF THE RIALTO MUNICIPAL CODE (TITLE 18-ZONING)” (Development Code Amendment No. 2017-0006). (ACTION) Attachments: Exhibit A - RESO NO. 17-42 (DCA 2017-0006) Exhibit B - Code Amendment Text Exhibit C - EV CC Ordinance Page 9 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 TAB2 17-1029 Request City Council to Conduct a Public Hearing to Approve Resolution No.7229 for Environmental Assessment Review No. 2017-0055; Approve Resolution No. 7230 for Specific Plan Amendment No. 2017-0003; Approve Resolution No. 7231 for Tentative Parcel Map No. 2017-0007; Approve Resolution No. 7232 for Conditional Development Permit No. 2017-0029; Approve Resolution No. 7233 for Variance No. 2017-0010 for an Addendum to the 2010 certified Renaissance Specific Plan Final EIR and to amend the Renaissance Specific Plan to modify the street cross section for Renaissance Parkway; subdivide a 7.6 acre site into six developable lots for the development of a 80,000 sq. ft. commercial center known as “Renaissance East” consisting of a 10,486 sq. ft. restaurant (Cracker Barrel), a 2,720 sq. ft. restaurant (Sonic), three multi-unit commercial buildings and one additional lot located at the northeast corner of Ayala Drive and Renaissance Parkway in the Freeway Incubator (FI) zone of the Renaissance Specific Plan (Master Case Nos. 2017-0056 and 0063). (ACTION) (POWERPOINT) Attachments: Exhibit A - Site Plan Exhibit B - RESO No. 17-47 (Addendum 2017-0055) Exhibit C - RESO NO. 17-43 (Plan Amendment 2017-0003) Exhibit D - RESO No. 17-46 (TPM 19898) Exhibit E - RESO NO. 17-44 (CDP 2017-0029) Exhibit F - RESO NO. 17-45 (VAR 2017-0010) Exhibit G - Tentative Parcel Map Exhibit H - Sign Elevation Exhibit I - Ren East Addendum and Appendices_2017.08.28 Exhibit J - Mitigation Monitoring and Reporting Plan Exhibit K - Specific Plan Amendment CC Resolution Exhibit L - Tentaive Parcel Map CC Resolution Exhibit M - Conditional Development Permit Resolution Exhibit N - Variance CC Resolution Exhibit O - Addendum CC Resolution Renaissance East CC TAB NEW BUSINESS Page 10 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 TAB3 17-1030 Request City Council Adopt Resolution No. 7219 Approving Financing Contracts related to the Solar CREB Lease Financing , in the amount of $6,854,652.88, with Holman Capital and Mega Bank and the Service Contract with Alliance Building Solutions, Inc., supplementing Resolution No. 7122 adopted on May 9, 2017 and Adopt Budget Resolution No. 7220. (ACTION) Attachments: Resolution - Holman Capital & ABS Solar project Attachment A - HOLMAN CAPITAL--Rialto-Lease Purchase Agreement, 2017 (CREBS-Solar) Attachment B HOLMAN--Rialto--Assignment Agreement (CREB Solar) Attachment C - Alliance OMM Agrement Attachment C - Exhibit A Solar PV Maintenance Items Attachment C - Exhibit B InScope Breakout - Rialto Attachment D - HOLMAN CAPITAL--Rialto CREBS Binding Commitment for Lease-Purchase Agreeme Resolution 7122, Adopted May 9, 2017 Exhibit A - City of Rialto - Cash Flow Combined v2 Budget Resolution - Holman Capital & ABS Solutions Budget Reso. TAB4 17-990 Request City Council to Accept California Citizens Option for Public Safety (COPS) Allocation of 2017/2018 Funding and Adopt Budget Resolution No. 7234 Appropriating Funds in the Amount of $162,988. (ACTION) Attachments: Resolution Allocation Notification TAB5 17-1020 Request City Council to Award a Professional Services Agreement to STK Architecture Inc. for Architectural Design Services for Rialto Fire Station 205, Phase II, for a Not-to-Exceed Contract Amendment Amount of $280,288 and Request City Council to Authorize the Release of Request for Bids No. 18-045 for Fire Station 205 Phase I Construction, City Project No. 170203. (ACTION) Attachments: Attach 1 - Legislation Details (With Text)a Attach 2 - Form Blank - PSA Long Form Over 50K STK TAB6 17-993 Request City Council Increase Purchase Order #2017-1746 to Performance Truck Repair by $7000 for the Refurbishment of One Fire Engine for a total of $169,016.58. (ACTION) Page 11 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 TAB7 17-1006 Request Rialto Housing Authority to Approve a Professional Services Agreement with LDM Associates to manage housing repair projects for a maximum of $50,000 and Adopt Budget Resolution No. 7235 to appropriate $50,000 for consultant services and $300,000 for the Home Sweet Home Program and the Mortgage Assistance Program. (ACTION) Attachments: Exhibit A - Proposal Exhibit B - Professional Short Services Agreement Exhibit C - Budget Resolution TAB8 17-991 Request City Council/Rialto Utility Authority to Approve a Final Construction Work Authorization in the Amount of $300,000 to Rialto Water Services for the Facility Improvement Project WA, Year 5 Meter Replacements. (ACTION) Attachments: Attachment 1 - WAy5 FCWA Pack 11.7.17 Attachment 2 - NOE TAB9 17-1015 Request City Council to Adopt Budget Resolution No. 7236 Accepting the CalRecycle Tire-Derived Product Grant in the Amount of $149,986. (ACTION) Attachments: Att #1 Budget Resolution CalRecycle Grant Acceptance 11-14-17 Att #2 140 E. Easton Att #3 2610 N. Cedar TAB10 17-1003 Request City Council to Award a Construction Contract to Promised Land Nursery, a California Corporation, in the amount of $417,777 for the Bloomington Avenue Median Conversion Project, City Project No. 140806 and 160808. (ACTION) Attachments: Attachment 1 - Promised Land Nursery Construction Contract Rev 1 10-25-2017 Attachment 2 - CONTRACTOR BACKGROUND CHECK_Promised Land Nursery Attachment 2 - Contractor's State License Promised Land Nursery Attachment 3 - NOE's Page 12 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 TAB11 17-994 Request City Council to 1) Adopt Budget Resolution No. 7237; and 2) Approve a Third Amendment to the Professional Services Agreement with Community Works Design Group, Inc. for Phase II Frisbie Park Americans with Disabilities Act Path of Travel Improvements in the Amount of $110,655, City Project No. 150304, for a total Cumulative Contract Amount of $1,443,468. (ACTION) Attachments: Attachment 1 - Frisbie Park North Master Plan Attachment 2 - Frisbie Park South Master Plan Attachment 3 - Frisbie Park ADA Phase II Attachment 4 - Budget Resolution - 150304 Attachment 5 - Third Amendment CWDG Frisbie Park TAB12 17-805 Request City Council to Adopt Resolution No. 7238, Approving the Fiscal Year 2017/2018 - 2021/2022 Measure I - Five-Year Capital Improvement Plan and Expenditure Strategy. (ACTION) (POWERPOINT) Attachments: Resolution 07-27-2017 2018-2022 MICIP UPDATED Measure I Expenditure Strategy MEASURE I FIVE YEAR 2018-2022 UPDATE TAB13 17-1011 Request City Council to Adopt Resolution No. 7239 Appointing an Interim Police Chief and Approving the Employment Agreement with Mark Kling. (ACTION) Attachments: Exhibit A Interim Police Chief Resolution (Rialto)Temporary Interim Chief of Police Contract M Kling Resume Interim Police Chief REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: Page 13 Printed on 11/29/2017 City Council Regular Meeting November 14, 2017 ADJOURNMENT Page 14 Printed on 11/29/2017