City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, February 13, 2018 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 Robb Steel Interim City Administrator City Council Regular Meeting February 13, 2018 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.1590 Next Resolution No.7284 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 Page 2 Printed on 2/12/2018 City Council Regular Meeting February 13, 2018 1 18-125 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) Ricardo Morris v. City of Rialto WCAB SAC0000178706 (b)David Jarvis v. City of Rialto WCAB SAC0000178682 (c)Anderson v. City of Rialto,et al. USDC Case No. 5:16-cv-01915-JGB-SP (d)Ortiz v. City of Rialto USDC Case No. 5:16-cv-01384 GHK 2 18-126 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 18-140 Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 4 18-127 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-Real Property Acquisition Property: APN 0130-161-27 119 N. Riverside Avenue Northeast corner of First St. and Riverside Ave. Negotiators: Robb R. Steel, Interim CA/Development SVS. Director Refujio Johnson, Cuca’s Mexican restaurant Page 3 Printed on 2/12/2018 City Council Regular Meeting February 13, 2018 5 18-135 Conference with Labor Negotiator regarding the following recognized employee organization pursuant to Government Code Section 54957.4: Agency designated representatives: Fred Galante, City Attorney Robb Steel, Interim 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 6 18-136 Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Administrator 7 18-138 Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Attorney 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE--Council Member Andy Carrizales INVOCATION-Rev. Barrett Van Buren, St. Peters Episcopal Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 18-128 Presentation-Student of the Month December/January Mayor Deborah Robertson 2 18-137 Resolution In Memorium of Phyllis Hagmann-Mayor Deborah Robertson 3 18-144 Eagle Scout Presentation-Diego Bravo, Troop 514 and Public Works Superintendent Tony Brandyberry Attachments: Diego Bravos Presentation Page 4 Printed on 2/12/2018 City Council Regular Meeting February 13, 2018 4 18-141 Award Presentation to Rialto Network-Pastor Harry Bratton, Greater Faith Bible Church ORAL COMMUNICATIONS (5-min 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 18-117 Resolution No. 28 (01/25/18) Attachments: Warrant Resolution No. 28.pdf B.2 18-118 Resolution No. 29 (02/01/18) Attachments: Warrant Resolution No.29.pdf C. APPROVAL OF MINUTES C.1 18-119 Regular City Council Meeting-January 9, 2018 Attachments: January 9 18 minutes.pdf C.2 18-142 Regular City Council Meeting-January 23, 2018 Attachments: jANUARY 23 2018 minutes.pdf D. CLAIMS AGAINST THE CITY D.1 18-063 Enrique Gonzalez - Vehicle Damage Attachments: Claim - Enrique Gonzalez.pdf D.2 18-121 Angel Venegas - Vehicle Damage Attachments: Claim - Angel Venegas.pdf E. SET PUBLIC HEARING Page 5 Printed on 2/12/2018 City Council Regular Meeting February 13, 2018 E.1 18-111 Request the City Council to Set a Public Hearing for February 27, 2018 to consider General Plan Amendment No. 17-02, which is a request to change the land use designation of approximately 4.65 gross acres of land from Residential 6 to Residential 12, Zone Change No. 337, which is a request to change the zoning designation of approximately 4.65 gross acres of land from Single-Family Residential (R-1C) to Multi-Family Residential (R-3), and Tentative Tract Map No. 2017-0004 (TTM 20084), which is a request to allow the subdivision of approximately 4.65 gross acres of land into twenty-nine (29) single-family lots and eight (8) common lots. The Planning Division prepared a Mitigated Negative Declaration (Environmental Assessment Review No. 17-01) for consideration in conjunction with the project. Attachments: Exhibit A - Location Map Exhibit B - Tentative Tract Map No. 20084 Exhibit C - Common Open Space Plan Exhibit D - Site Plan Exhibit E - Floor Plans Exhibit F - Elevations Exhibit G - General Plan Land Use Exhibit Exhibit H - Zoning Exhibit Exhibit I - Community Meeting Flyer Exhibit J - Community Meeting Attendance Sheet Exhibit K - Community Meeting Comment Cards Exhibit L - Planning Commission Agenda Report Exhibit M - Planning Commission Resolution No. 18-05 Exhibit N - Planning Commission Resolution No. 18-06 Exhibit O - Planning Commission Resolution No. 18-07 Exhibit P - Planning Commission Resolution No. 18-08 Exhibit Q - Initial Study Exhibit R - Mitigation Monitoring & Reporting Program Exhibit S - Notice of Public Hearing Exhibit T - Legal Description F. MISCELLANEOUS Page 6 Printed on 2/12/2018 City Council Regular Meeting February 13, 2018 F.1 18-026 Request City Council to Approve Professional Service Agreement Amendment #1 with Kosmont Companies to provide additional Real Estate Services related to County Property at the southwest corner of Casmalia Avenue and Alder Avenue and Increase the Purchase Order Amount from $27,000 to $44,500. Attachments: Exhibit A - Map Exhibit B - Real Estate Analysis Exhibit C - Proposal Exhibit D - Casmalia_Kosmont Mkt. Schedule 2-5-18 Exhibit E - Professional Agreement Amendment City1 Disclosure Form - Kosmont F.2 18-079 Request City Council to (1) Accept the Rialto Community Resource Center Project; (2) Authorize Filing of the Notice of Completion; and (3) Authorize Release of Retention to IVL Contractors, Inc., a California Corporation. Attachments: Attachment 1 - Notice of Completion 01-23-18 Attachment 2 - Notice of Exemption F.3 18-102 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for December 2017. Attachments: Exhibit A Airport Escrow Statement of Income and Expense December 31 2017 Exhibit B CalTrust and FSB Statements for Airport Escrow December 2017 Exhibit C CalTrust and FSB Statements for Protocol Account December 2017 Exhibit D Protocol Account Income and Expense December 2017 F.4 18-103 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 December 2017. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense December 2017 Exhibit B CalTrust and FSB Statements for Miro Escrow December 2017 Exhibit C Alder Avenue Escrow Statement of Income and Expense December 2017 Exhibit D CalTrust and FSB Statements for Alder Escrow December 2017 Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense December 2017 Exhibit F CalTrust and FSB Statements for Locust.Laurel Escrow December 2017 TAB PUBLIC HEARING Page 7 Printed on 2/12/2018 City Council Regular Meeting February 13, 2018 TAB 1 18-116 Request City Council to Conduct a Public Hearing to: (i) approve Resolution No. 7277 to adopt the Addendum to the Lytle Creek Ranch Specific Plan (LCRSP) Environmental Impact Report (EAR 2017-0053); and (ii) introduce for first reading Ordinance No. 1598 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA TO APPROVE AN AMENDMENT TO THE LYTLE CREEK RANCH SPECIFIC PLAN AMENDMENT TO (A) ELIMINATE NEIGHBORHOOD I; AND (B) MODIFY THE LAND USE CONFIGURATIONS OF NEIGHBORHOODS II AND III, TEXTS, TABLES, AND CHARTS TO THE LYTLE CREEK RANCH SPECIFIC PLAN” (iii) and Resolution No. 7278 to approve Tentative Tract Map No. 20092 (TTM 2017-0005) to create six (6) lots, one (1) remainder lot and thirteen (13) lettered lots for public open space, utilities and infrastructure on a 183.1-acre portion of Neighborhood II to facilitate a 672 lot residential subdivision (Continued from the January 23, 2018 City Council meeting). (ACTION)(POWERPOINT) Attachments: Exhibit A - Location Map Exhibit B - Letter to City Council re Addendum Final Exhibit C.1 - Response to Comments - Chatten-Brown letters to City dated December 13 2017 and January Exhibit C.2 - PACE letter LCRSP EIR Addendum 2-8-18 Exhibit C.3 - ESA memo Exhibit F- Revised Land Use Map Exhibit E - El Rancho Verde LCSP Addendum 2017.10.30 Exhibit G -Neighborhood II Exhibit D - Public Hearing Response to Comments Exhibit H - Specific Plan Amendment 1.18.18 Exhibit J- Final_Lytle Creek Annexation Plan for Service and Fiscal Analysis Exhibit K - Appendix A - GP Consistency_v3 Exhibit I - TTM 20092 Addendum (EAR 2017-0053) CC Resolution Tentative Tract Map (TTM No. 20092) CC Resolution RUSD Letter PC RESO NO. 17-53 Addendum (EAR 2017-0053) Specific Plan Amendment CC Ordinance PC RESO NO. 17-54 TTM 20092 PC RESO NO. 17-55 LCRSP CC 2.13.18 final PowerPoint Page 8 Printed on 2/12/2018 City Council Regular Meeting February 13, 2018 TAB 2 17-1145 Request City Council to Conduct a Public Hearing to Adopt Resolution No. 7280 Establishing Fair Share Fees for Projects Developed in the Pepper Avenue Specific Plan Area. (ACTION) Attachments: Exhibit A - Pepper Avenue Specific Plan_Fee Program_2018-01-26 (FINAL) Exhibit B - Notice Exhibit C - Resolution TAB NEW BUSINESS TAB 3 18-114 Request City Council to Adopt: (1) Resolution No. 7242 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; (2) Resolution No. 7243 of the City Council of the City of Rialto, California, Calling and Giving Notice of the Holding of a Special Municipal Election on June 5, 2018, and Ordering the Submittal to the Voters at Said Special Municipal Election a Measure to Extend the Utility User Tax, with No Sunset Clause, and to Amend the Exemption for Individuals Who Are 65 Years or Older Such That the Exemption Applies Only to Said Individuals Earning Less Than $100,000 Annually Per Household, in Order to Maintain the Current Level of City Services for the Residents of Rialto; (3) Resolution No. 7244 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; (4) Resolution No. 7245 of the City Council of the City Of Rialto, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections; and (5) Resolution No. 7246 of the City Council of the City of Rialto, California, Requesting the San Bernardino County Board of Supervisors to Consolidate a Special Municipal Election to be held on Tuesday, June 5, 2018, with the Statewide Primary Election to be held on the Same Date, Pursuant To Section 10403 of the Elections Code. (ACTION) Attachments: Exhibit A Agenda item tab 2 from January 9, 2018 City Council Meeting Exhibit B Reso re Fiscal Emergency - Permanently Extending UUT + Amend Senior Exemption (2018) R Exhibit C Reso re Calling Special Election for Permanently Extending UUT + amend Senior Exemption ( Exhibit D Reso authorizing arguments and impartial analysis for perm UUT + Amend Senior Exemption ( Exhibit E Reso authorizing UUT Rebuttals for permanent UUT + Amend Senior Exemption (2018) (3) Exhibit F Reso Request Consolidation of Election for Permanently Extending UUT + Amending Senior E Exhibit G Ordinance Permanently Extending Rialto Utility Users Tax + amending Senior Exemption (201 Page 9 Printed on 2/12/2018 City Council Regular Meeting February 13, 2018 TAB 4 17-1009 Request City Council to Accept Public Improvements, Authorize the Recordation of a Notice of Completion, Authorize Reimbursement Payments to Thrifty Oil Company in the Amount of $292,385 from Regional Traffic Fees related to the Construction of Public Improvements pursuant to the Construction and Credit Agreement, and Approve Budget Resolution No. 7281. (ACTION) Attachments: Exhibit A - Site Exhibit B - PPD Letter No. 2335 Exhibit C - Construction and Credit Agreement Exhibit D - Letter Exhibit E - Cost Summary Exhibit F - Notice of Completion Exhibit G - Budget Resolution TAB 5 18-101 Request City Council to (1) Adopt Resolution No. 7282 Approving a Purchase and Sale Agreement by and between the City of Rialto and Roy and Leona Berglund (“Berglund Trust”) for the Property Located at 1401 S. Riverside Avenue, and (2) Adopt Budget Resolution No. 7283 Appropriating expenditure of $220,000 from the General Facilities Development Impact Fund. (ACTION) Attachments: Exhibit A - Site Map. Exhibit B - Appraisal Exhibit C - Purchase Agreement Exhibit D - Purchase Resolution Exhibit E - Budget Resolution TAB 6 18-139 Request City Council to Award a Professional Services Agreement to Kimley-Horn and Associates, Incorporated, in the Amount of $101,500 to Design a Booster Pump Station Capable of Serving Domestic and Fire Protection Water to the Renaissance East Shopping Center. (ACTION) Attachments: KHA Professional Services Agreement REPORTS MAYOR: COUNCIL MEMBERS: Page 10 Printed on 2/12/2018 City Council Regular Meeting February 13, 2018 CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT-Closing in Memory of Fire Engineer Scott Schwingel Page 11 Printed on 2/12/2018