City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, November 28, 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 November 28, 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.7254 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 17-1094 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) Darrell “Joe” Harris v. City of Rialto WCAB SAC0000181080 Page 2 Printed on 11/27/2017 City Council Regular Meeting November 28, 2017 2 17-1108 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. 3 17-1102 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 4 17-1107 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-Mayor Deborah Robertson INVOCATION-Pastor Bob Ruiz-Clavery Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 17-1100 Presentation-Student of the Month-Mayor Deborah Robertson Page 3 Printed on 11/27/2017 City Council Regular Meeting November 28, 2017 2 17-1103 Resolution of Appreciation-Police Chief Randy DeAnda-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 17-1095 Resolution No. 7 (08/18/17) Attachments: Warrant Resolution No, 7.pdf B.2 17-1096 Resolution No. 7A (08/18/17) Attachments: Warrant Resolution No. 7A.pdf C. APPROVAL OF MINUTES C.1 17-1097 Regular City Council Meeting - November 14, 2017 Attachments: November 14 2017 minutes.pdf D. CLAIMS AGAINST THE CITY D.1 17-1098 Chris Martinez - Vehicle Damage Attachments: Claim-Martinez E. SET PUBLIC HEARING E.1 17-1090 Request that City Council set a Public Hearing for December 12, 2017 to consider a Draft Environmental Impact Report (Environmental Assessment Review 2017-0072) Specific Plan 2017-0001 to establish the boundaries, zoning, infrastructure and design standards for a 101.7-acre site known as the Pepper Avenue Specific Plan (Master Case 2017-0042). Attachments: Exhibit A - Pepper Ave Land Use Plan Exhibit B - PepperAve Specific Plan Page 4 Printed on 11/27/2017 City Council Regular Meeting November 28, 2017 E.2 17-1086 Request that City Council Set a Public Hearing for December 12, 2017 to adopt a Resolution approving General Plan Amendment No. 2017-0004 entitled: “A RESOLUTION OF THE CITY COUNCIL ADOPTING THE 2014-2021 HOUSING ELEMENT OF THE RIALTO GENERAL PLAN”. Attachments: Exhibit A - Final Draft 2014-2021 Rialto Housing Element Exhibit B - HCD Approval letter F. MISCELLANEOUS F.1 17-995 Request City Council to 1) Approve an Increase to Purchase Order No. 2017-1529 in the Amount of $8,300 to Cover Remaining Costs for the Architectural Design Services and Construction Drawings for an Addition to the Development Services Department, 2) Authorize the Release of Request for Proposals for Construction of the Addition and 3) Approve Budget Resolution No. 7240 in the Amount of $627,000 for Construction Costs. Attachments: Exhibit A Floor Plans Exhibit B Proposal Exhibit C - RFP 18-050 Exhibit D Budget Resolution F.2 17-1037 Request City Council to Authorize the Release of Request for Proposals (RFP) No. 18-046 for Professional Services Related to Construction Management, Inspection, Materials Testing, Value Engineering and Constructability Review for the Frisbie Park Expansion Project, City Project No. 150304. Attachments: Attachment 1 - RFP 18-046 - CM Inspection Frisbie Park F.3 17-1076 Request City Council to Receive and File the September 2017 Treasurer’s Report. Attachments: Treasurer's Report SEPT 2017 F.4 17-1099 Request City Council to Adopt on Second 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). Attachments: Ordinance No. 1597 TAB PUBLIC HEARING Page 5 Printed on 11/27/2017 City Council Regular Meeting November 28, 2017 TAB1 17-1084 Request City Council to Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Second Quarter of 2017; and Adopt Resolution No. 7241 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 2nd Qtr. 2017 Resolution TAB NEW BUSINESS Page 6 Printed on 11/27/2017 City Council Regular Meeting November 28, 2017 TAB2 17-1093 Request that City Council approve the following resolutions: (i) Resolution No. 7242, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DECLARING A FISCAL EMERGENCY PURSUANT TO ARTICLE XIII C SECTION 2(b) OF THE CALIFORNIA CONSTITUTION”. (ii) Resolution No. 7243, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION ON APRIL 10, 2018 TO VOTE ON A MEASURE TO CONTINUE THE UTILITY USER TAX FOR 5 ADDITIONAL YEARS IN ORDER TO MAINTAIN THE CURRENT LEVEL OF CITY SERVICES FOR THE RESIDENTS OF RIALTO; ORDERING THE SUBMITTAL OF THE ORDINANCE TO THE VOTERS AT THE SPECIAL ELECTION; REQUESTING THE SAN BERNARDINO COUNTY BOARD OF SUPERVISORS TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE ADMINISTERED BY THE CITY’S ELECTIONS OFFICIAL AND HELD ON APRIL 10, 2018 AND DIRECTING THE CITY’S ELECTIONS OFFICIAL TO CONDUCT THE ELECTION”. (iii) Resolution No. 7244, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS”. (iv) Resolution No. 7245, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS”. (v) Resolution No.. 7246 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING ITS 2017-2018 FISCAL BUDGET FOR THE ELECTION COSTS RELATED TO THE UTILITY USERS TAX MEASURE”. (ACTION) Page 7 Printed on 11/27/2017 City Council Regular Meeting November 28, 2017 Attachments: Exhibit A UT Voting History.pdf Exhibit B Rialto Voting Registration.pdf Exhibit C Staff Report and Minutes for Declaration of Fiscal Emergency July 2017.pdf Exhibit D Staff Report and Minutes for Formation of BAC.pdf Exhibit E Utility Tax Polling Results.pdf Exhibit F-1 BAC Complete Agenda - October 16, 2017 (Compressed).pdf Exhibit F-2 BAC Agenda - November 6, 2017.pdf Exhibit G BAC Complete Agenda - November 20, 2017.pdf Exhibit H Reso re Fiscal Emergency - Extending UUT.docx Exhibit I Reso Calling Special and Request for Services- Extending UUT Exhibit L 112817 - Reso UUT Election Appropriations.doc Exhibit K Reso Authorizing UUT Rebuttals Exhibit J Reso Authorizing UUT Arguments and Impartial Analysis TAB3 17-1019 Request City Council to Approve and Authorize the Mayor to execute 1) An Agreement with the California State Department of Health Care Services (DHCS) authorizing transfer of Public Funds up to $1,998,425 to DHCS and Accept Supplemental Payments for Medi-Cal Services of up to $3,323,530; 2) Health Plan-Provider Agreements with participating Medi-Cal Managed Care Plan Provider(s); 3) An Agreement Authorizing the Payment of a 20% administrative fee to DHCS; and 4) Adopt Budget Resolution No. 7247. (ACTION) Attachments: Budget Resolution - IGT 2018.doc MOLINA AGREEMENT 2015-2016.pdf IEHP AGREEMENT 2015-2016.pdf TAB4 17-1001 Request City Council and the City of Rialto, Acting as Successor Agency to the Redevelopment Agency, to (1) Adopt Resolution No. SA10-17 approving the form and authorizing the distribution of a Preliminary Official Statement in connection with the issuance of bonds to refund the outstanding Redevelopment Agency of the City of Rialto Tax Allocation Bonds (Merged Project Area) 2008 Series A (“2008 Series A TABs”) and approving related documents and actions thereto and (2) Adopt Resolution No. 7248 approving the subordination of its pass-through payments to debt service on the refunding bonds. (ACTION) Attachments: Exhibit 1 - Preliminary Official Statement - SA to Redevelopment Agency of Rialto - 2018 Refunding Bon Appendix D - 11-16-17 Bond Purchase Agreement - Successor Agency to the Redevelopment Ageny of th Exhibit 2 - Rialto POS Approval Resolution Exhibit 3 - Resolution Approving Subordination of Pass Thru Payments Page 8 Printed on 11/27/2017 City Council Regular Meeting November 28, 2017 TAB5 17-1027 Request City Council to Adopt Budget Resolution No. 7249, RSA Resolution No. SA11-17, and RUA Resolution No. 004-17 to Amend the FY2017-18 Budget for the FY2016-17 Carry Forward Budget for the City, Successor Agency and the Rialto Utility Authority. (ACTION) Attachments: City Budget Resolution RSA Budget Resolution RUA Budget Resolution Attachment A - FY2017 Carry-forward to FY2018 TAB6 17-1036 Request City Council to Appoint a Council Ad-Hoc Subcommittee to participate with Staff in the Evaluation and Interview of Written Proposals for Engineering, Landscape Design and Project Management Services for Design of Baca-Turch Park Improvements. (ACTION) TAB7 17-1028 Request City Council to Adopt Resolution No. 7250 Accepting the San Bernardino County Transportation Authority Transportation Development Act Article 3 Grant in the Amount of $250,000 and Adopt Resolution No. 7251 Accepting the Supplemental State of California Safe Routes to School - Cycle 10 Grant Funding in the Amount of $103,000 for the Cedar Avenue Sidewalk Project; and Amend the Fiscal Year 2017/2018 Budget and Capital Improvement Program. (ACTION) Attachments: Attachment 1-TDA Grant Application Attachment 2-Award Letter Budget Resolution Cedar Sidewalk Budget Resolution Cedar Sidewalk-Caltrans TAB8 17-1047 Request City Council/Rialto Utility Authority to Approve a Final Construction Work Authorization in the Amount of $138,914.00 to Rialto Water Services for the Facility Improvement Project W5, Cedar Reservoir Retrofit. (ACTION) Attachments: Attachment 1 - W5 FCWApack10.12.2017 Attachment 2 - NOE Page 9 Printed on 11/27/2017 City Council Regular Meeting November 28, 2017 TAB9 17-1049 Request City Council/Rialto Utility Authority to Approve a Final Construction Work Authorization in the Amount of $1,263,245.75 to Rialto Water Services for the Water Facility Improvement Project WC - Small Mains Replacement Project. (ACTION) Attachments: Attachment 1 - WC FCWApack10.2.2017 Attachment 2 - NOE TAB10 17-1052 Request City Council/Rialto Utility Authority to Approve a Final Construction Work Authorization in the Amount of $61,243.00 to Rialto Water Services for the Water Facility Improvement Project W10 - Rialto Well No. 2 Site Rehabilitation Project. (ACTION) Attachments: Attachment 1 - W10 FCWA Attachment 2 - NOE REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT Page 10 Printed on 11/27/2017