City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, July 10, 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 Ahmad Ansari Interim City Administrator City Council Regular Meeting July 10, 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.1607 Next Resolution No. 7371 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 7/5/2018 City Council Regular Meeting July 10, 2018 1 18-688 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)Terry Singleton et. Al v. City of Colton S.B. Superior Court Case No. CIVDS1705686 (b)San Bernardino Valley Municipal Water District v. San Gabriel Valley Water d.b.a Fontana Water Company, et al S.B. Superior Court Case No. CIVDS1311085 2 18-689 Conference with Legal Counsel - Anticipated Litigation: Initiation to litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 3 18-677 Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: Interim City Administrator 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Council Member Andy Carrizales INVOCATION-Pastor Mario Cañedo-Calvary Chapel City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 18-674 Resolution in Memoriam-Commissioner Max Eugene Tidler Mayor Deborah Robertson 2 18-675 Certification of Recognition-San Bernardino Community Service Center Council Member Rafael Trujillo 3 18-684 Certification of Recognition-Rialto Girls Softball All Star Team Council Member Joe Baca Jr. 4 18-690 Post 4th of July Recap and Forward Planning-Fire Chief Sean Grayson and Interim Police Chief Mark Kling ORAL COMMUNICATIONS (5-min time limit) Page 3 Printed on 7/5/2018 City Council Regular Meeting July 10, 2018 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 18-669 Resolution No. 49 (06/21/18) Attachments: Warrant Resolution No. 49 B.2 18-670 Resolution No. 50 (06/28/18) Attachments: Warrant Resolution No. 50 C. APPROVAL OF MINUTES C.1 18-612 Regular City Council Meeting-June 12, 2018 Attachments: June 12 2018 minutes.pdf C.2 18-683 Regular City Council Meeting-June 26, 2018 Attachments: June 26 2018 minutes.pdf D. CLAIMS AGAINST THE CITY D.1 18-671 Roberto Suarez-Property Damage Attachments: Claim-Suarez D.2 18-672 Ana Carter-Vehicle Damage Attachments: Claim-Carter D.3 18-673 Natalie Miller-Tree Maintenance Attachments: Claim - Miller E. SET PUBLIC HEARING Page 4 Printed on 7/5/2018 City Council Regular Meeting July 10, 2018 E.1 18-645 Request City Council to Set a Public Hearing for September 11, 2018 to Conduct a Property Owner Protest Ballot Proceeding; Adopt Resolution No. 7368 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 Adopt Resolution No. 7369 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 2019/2020. Attachments: Attachment 1 - LLMD2 ER_Intent Attachment 2 - LLD2 Boundary North of Foothill Attachment 2 - LLD2 Boundary South of Foothill Resolution 1 Resolution 2 F. MISCELLANEOUS F.1 18-367 Request City Council to Approve a Continuing Control Agreement between Omnitrans and the City of Rialto for Three Bus Stops in the City of Rialto. Attachments: Attachment 1 - Final Continuing Control Agreement F.2 18-604 Request City Council to Authorize Issuance of Purchase Order with MuniTemps Staffing in the amount of $22,000 to Provide Temporary Staff Support Services in the Finance Department for Fiscal Year 2018/19. Attachments: MuniTemps Staffing Agreement.pdf F.3 18-635 Request City Council to Approve Amendment #2 to Exclusive Right to Negotiate Agreement with NewMark Merrill for the Development of Approximately 15.5 Acres of Property located west of Riverside Avenue and north of Valley Boulevard. Attachments: Exhibit A - ENA Agreement Exhibit B - Site Map Exhibit C - Maps and Plans Exhibit D - ENA Amendment#2 NewMark Merrill F.4 18-636 Request City Council to Receive and File the May 2018 Treasurer’s Report. Attachments: Treasurer's Report May 2018 Page 5 Printed on 7/5/2018 City Council Regular Meeting July 10, 2018 F.5 18-637 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for May 2018. Attachments: Exhibit A Airport Escrow Statement of Income and Expense May 31, 2018.pdf Exhibit B CalTrust and FSB Statements for Airport Escrow May, 2018.pdf Exhibit C CalTrust and FSB Statements for Protocol Accounts May 2018.pdf Exhibit D Protocol Account Escrow Statement of Income and Expense May 2018.pdf F.6 18-639 Request City Council to Receive and File the Statement of Income and Expense for May 2018 related to the Construction Reimbursement Agreement and Amendment #1 with Ayala@210LLC for Off-site Improvements on Renaissance Parkway. Attachments: Exhibit A - Statement of Income and Expense for Ayala Partners Escrow Exhibit B - FSB Statement for May 2018 Ayala Partners F.7 18-640 Request City Council to Receive and File the Statement of Income and Expense for May 2018 related to the Construction Loan Agreement with Ayala@210LLC for On-site Improvements for the Renaissance Plaza Retail Center on Renaissance Parkway. Attachments: Exhibit A - Statement of income and Expenses (May 2018) Exhibit B - Banner Bank Statement (May 2018) F.8 18-650 Request City Council to Approve a Memorandum of Understanding (MOU) between the City of Rialto and the Rialto Community Players (RCP) for the use of the Sandra R. Courtney Community Playhouse. Attachments: MOU Rialto Community Players F.9 18-659 Request City Council Approve a Predevelopment Services Agreement between the Rialto Housing Authority and Time For Change for proposed affordable and transitional housing project and the Authority provide reimbursement cost of $49,900. Attachments: Exhibit A - Predevelopment Services Agreement Final Rialto Conflict of Interest F.10 18-662 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 May 2018. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense for May 2018.pdf Exhibit B CalTrust and FSB Statements for Miro Escrow May 2018.pdf Exhibit C Alder Avenue Escrow Statement of Income and Expense for May 2018.pdf Exhibit D CalTrust and FSB Statements for Alder Escrow May 2018.pdf Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense for May 2018.pdf Exhibit F CalTrust and FSB Statements for Locust Escrow May 2018.pdf Page 6 Printed on 7/5/2018 City Council Regular Meeting July 10, 2018 F.11 18-666 Request City Council to Adopt on Second Reading Ordinance No. 1603 for Development Agreement No. 2018-0001 by and between the City of Rialto and Oakmont El Rivino, LLC entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 2018-0001 BY AND BETWEEN THE CITY OF RIALTO AND OAKMONT EL RIVINO, LLC AND MAKING CERTAIN FINDINGS THEREIN RELATED TO THE PROPOSED CONSTRUCTION OF 2,252,867 SQUARE FEET OF DISTRIBUTION WAREHOUSE FACILITIES LOCATED ON A 122.7+/- ACRE SITE, NORTH OF EL RIVINO ROAD AND WEST OF CACTUS AVENUE IN THE M-1 (LIGHT INDUSTRIAL) ZONE OF THE CITY OF RIALTO.” Attachments: Ordinance No. 1603 F.12 18-667 Request City Council to Adopt on Second Reading Ordinance No. 1604 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING AN AMENDMENT TO THE RIALTO AIRPORT SPECIFIC PLAN TO CHANGE THE STANDARDS FOR MAXIMUM BUILDING HEIGHT IN CERTAIN ZONES OF THE AIRPORT SPECIFIC PLAN AREA, AND REPEALING ORDINANCE NO. 1394 TO ELIMINATE THE REQUIREMENT OF PLANNING COMMISSION AND CITY COUNCIL APPROVAL OF CONDITIONAL DEVELOPMENT PERMITS FOR ALL USES IN CERTAIN ZONES OF THE AIRPORT SPECIFIC PLAN AREA.” Attachments: Ordinance No. 1604 TAB PUBLIC HEARING TAB1 18-641 Request City Council/Rialto Utility Authority to Approve Budget Resolution No. 7351, Conduct the Continued Public Hearing to Introduce for first reading Ordinance No. 1606 Entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM FOR THE PROCUREMENT AND PROVISION OF ELECTRIC POWER TO RESIDENTIAL AND COMMERICAL CUSTOMERS WITHIN THE CITY OF RIALTO CITY LIMITS.” Reading by Title Only and Waiving Full Reading Thereof; (ACTION) Attachments: Budget Resolution CCA Ordinance Attachment 1 - Feasibility Study Attachment 2 - Implementation Plan Attachment 3 - CCA Timeline Page 7 Printed on 7/5/2018 City Council Regular Meeting July 10, 2018 TAB2 18-679 Request City Council to Continue the Public Hearing to July 24, 2018, to Approve and Adopt the Budget Plan for Fiscal Year 2018-2019. (ACTION) TAB NEW BUSINESS TAB3 18-616 Request Mayor to Make Appointments, with Concurrence of City Council, of Rialto Residents to various City Commissions and Authorize the City Clerk to provide written Notifications. (ACTION) Attachments: Notice of Vacancy-7-2-18 Commission Applications TAB4 18-660 Request City Council Approval to Proceed with the Recruitments of Facility Maintenance Technician (Public Works), Senior Field Service Worker (Public Works), and Field Service Worker (Public Works). (ACTION) Attachments: recruitment form july 10 2018.docx TAB5 18-647 Request City Council to Approve Increase of $50,000 to Purchase Order No. 2018-0598 to Fire Apparatus Solutions for Fiscal Year 2017-18 for a total authorization of $200,000 for Preventative Maintenance and Repair of Fire Department Apparatus. (ACTION) Attachments: Fire Apparatus - Disclosure Form.pdf TAB6 18-643 Request City Council to Approve the Purchase Order with Fernando Vargas, Information Specialist, for Fiscal Year 2018/2019 for Information System Support through June 2019 for a Total Cost of $80,000.00. (ACTION) Attachments: Agreement Vendor Disclosure Form Exhibit A - Description of Services Page 8 Printed on 7/5/2018 City Council Regular Meeting July 10, 2018 TAB7 18-577 Request City Council to 1) Approve Budget Resolution No. 7370 2) Award a Construction Contract to F.E.C. Electric, Inc. in the Amount of $97,000, and 3) Authorize Issuance of a Purchase Order to Willdan Engineering in the amount of $21,080.00 for the Frisbie Park Field Lights Project, City Project No. CB1803. (ACTION) Attachments: Attachment 1 - RFB Staff Report Attachment 2 - FEC Electric Inc Bid Documents Attachment 3 Construction Contract Attachment 4 - Wildan Proposal for Inspection Services Attachment 5 - Notice of Exemption Attachment 6 - Disclosure Form Attachment 7 - Resolution REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT Page 9 Printed on 7/5/2018