CITY OF RIALTO REGULAR MEETING of the CITY COUNCIL/REDEVELOPMENT AGENCY RIALTO HOUSING AUTHORITY Civic Center Council Chambers 150 South Palm Avenue Rialto, California 92376 AGENDA December 8, 2009 5:00 p.m. 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 and the Redevelopment Agency 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 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) 421-7229. 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. 1460 Next Resolution No. 5776 Called to Order By: ROLL CALL Mayor Grace Vargas Mayor Pro Tem Joe Baca, Jr. Council Member Ed Scott Council Member Ed Palmer Council Member Deborah Robertson City Clerk Barbara McGee City Attorney Jimmy Gutierrez City Administrator Henry Garcia Time Called to Order: The Rialto Vision Is To strive to achieve total customer satisfaction To be fiscally prosperous and accountable To be environmentally responsible To pursue innovative technology to meet the changing needs of our community To see our vision come true we must dedicate ourselves to: VALUE THE IMPORTANCE OF THE INDIVIDUAL: People are important and will be treated with respect and leave satisfied with our efforts. KEEP AN OPEN MIND: We choose to lead by example and respect every point of view. Community involvement is the key to our success because it allows us to be more sensitive to the needs of the community. RECOGNIZE EXCEPTIONAL EFFORT: We invoke a spirit of pride in ourselves and excellence in our work. We will use our energy in a positive and proactive manner and strive to maximize our potential. 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 RDA, which items are being considered and/or acted upon by the Agency Members of the Redevelopment Agency 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. Conference with Legal Counsel - Existing Litigation - The City Council and Redevelopment Agency Board will discuss the following pending litigation pursuant to Government Code Section 54956.9(a): (a) City of Rialto v. U.S. Department of Defense, et al. (Perchlorate) (United States District Court Case No. EDCV 04-79 PSG(SSx)) 3. Conference with Labor Negotiator regarding the following recognized employee organization pursuant to Government Code Section 54957.6: Agency negotiator: Brad Neufield, BBK Wayne McAfee Employee organization: Rialto Police Benefit Association Firefighters Union Local 3688 Mid-Management Bargaining Unit General Bargaining Unit CGMA Bargaining Unit Fire Management Bargaining Unit Rialto City Council Meeting Agenda December 8, 2009 2
6:00 p.m. Called to Order By: ROLL CALL Mayor Grace Vargas Mayor Pro Tem Joe Baca, Jr. Council Member Ed Scott Council Member Ed Palmer Council Member Deborah Robertson City Clerk Barbara McGee City Attorney Jimmy Gutierrez City Administrator Henry Garcia Time Called to Order: PLEDGE OF ALLEGIANCE Council Member Ed Palmer INVOCATION Pastor Harry Bratton Greater Faith Grace Bible Church City Attorney s Report on Closed Session 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. Rialto City Council Meeting Agenda December 8, 2009 3
CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES 1. Waive reading in full, all ordinances considered at this meeting. B. APPROVAL OF WARRANT RESOLUTIONS 1. Resolution No. 20 (11/20/09) 2. Resolution No. 21 (11/27/09) C. APPROVAL OF MINUTES 1. Regular RDA/City Council Meeting November 24, 2009 D. MISCELLANEOUS 1. Request City Council to adopt Resolution No. 5776 supporting Rentech s application to the United States Department of Energy for a Loan Guarantee for the development of the Rialto Renewable Energy Center. 2. Request City Council to adopt Resolution No. 5777 to authorize the Mayor to send a letter to the Governor opposing the Air Management District s proposed Rule 2301 regarding the Control of emissions from new or redevelopment projects. 3. Request City Council to approve a rejection of all bids for the Willow Avenue Widening Project. 4. Request City Council to approve a First Amendment to the American Institute of Architecture Professional Services Agreement with Ian Davidson Landscape Architecture for the Citywide Bus Stop Enhancement Project in the amount of $6,460. 5. Request City Council to award an AIA Professional Services Agreement to Miller Architecture Interior Planning for Design of the American with Disabilities Act Improvements to the Fitness Center entrance and Rialto Park Baseball Snack Bar in the amount of $36,100 and adopt Resolution No. 5778 amending the 2009-2013 Capital Improvement program to include the snack bar renovation program. 6. Request the Redevelopment Agency to approve Amendment No. 2 to the Exclusive Right to Negotiate Agreement with Fernando Acosta and adopt RDA Resolution No. 692 7. Request the Redevelopment Agency to adopt RDA Resolution No. 693 approving Amendment No. 1 to the Lease Agreement with W.C. Brown Welding, Inc. Rialto City Council Meeting Agenda December 8, 2009 4
PUBLIC HEARING Request City Council to conduct the Public Hearing to consider and approve an Amendment to the City s 2005-2009 Consolidated Plan and 2008 and 2009 One Year Action Plans, to establish budget for CDBG Recovery Program approved by HUD and to adopt Resolution No. 5779 NEW BUSINESS Request City Council to adopt Resolution No. 5780 approving an Agreement with Fulbright & Jaworski LLP for Special Counsel related to the water valuation. TAB 1 PH TAB 2 Request City Council to introduce and pass to second reading of proposed Ordinance No. 1459 updating and amending Employer-Employee Relations. ORDINANCE NO. 1459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, REGARDING EMPLOYER-EMPLOYEE RELATIONS AND RULES AND REGULATIONS FOR THE CITY OF RIALTO Request City Council to approve the Sixth Amendment to extend the Independent Contractor Agreement for the General Security Services Inc. City Security Contract on a month to month basis, up to six months in the amount of $132,000. Request City Council to award a Service Contract to Liquid Environmental Solutions for the delivery of Fats, Oil and Grease at Rialto s Wastewater Treatment Plant in the amount of $0.05 per gallon and adopt budget Resolution No. 5781. Request City Council to approve a Project Advancement Agreement (PAA) with San Bernardino Associated Governments (SANBAG) for the reimbursement for the installation of Traffic Signal Projects on the Measure I 2010-2040 Nexus List in the amount of $913,800 and adopt budget Resolution No. 5782. TAB 3 TAB 4 TAB 5 TAB 6 Rialto City Council Meeting Agenda December 8, 2009 5
NEW BUSINESS Request City Council to approve a Fourth Amendment with R.W. Beck Inc. for Phase I of the Wastewater Treatment Plant Upgrade in the amount of $167,840. Request the Redevelopment Agency to adopt Exclusive Right to Negotiate Agreement between the Redevelopment Agency of the City of Rialto and Rentech, Inc. and the First Amendment to the Exclusive Right to Negotiate Agreement between the Redevelopment Agency of the City of Rialto and Enertech Environmental Inc. and to adopt RDA Resolution No. 694 and RDA Resolution No. 695. Request RDA/RHA to adopt RHA Resolution No. 0009-09 approving a Purchase and Sale Agreement for the Acquisition of 319 W. Jackson Street and approving an interim Management Agreement with Southern California Housing Resource and Development. TAB 7 TAB 8 TAB 9 Request RDA/RHA/City Council to adopt Resolution No. 5783, RHA Resolution No. 0010-09, RDA Resolution No. 696 and RHA Resolution No. 0011-09 approving an Affordable Housing Agreement and Cooperation Agreement between Southern California Housing resource and Development, the City of Rialto and the Rialto Housing Authority with use for Neighborhood Stabilization Program funds for 350 and 360 West Jackson Street. TAB 10 UNFINISHED BUSINESS (Second Reading) TAB 11 Request City Council to adopt Ordinance No. 1456 to add section 18.111 to the Rialto Municipal Code regulating Wireless Telecommunication Facilities. ORDINANCE NO. 1456 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADDING CHAPTER 18.111 OF THE RIALTO MUNICIPAL CODE REGULATING WIRELESS TELECOMMUNICATIONS FACILITIES Rialto City Council Meeting Agenda December 8, 2009 6
UNFINISHED BUSINESS (Second Reading) Request City Council to adopt Ordinance No. 1457 amending Section 18.102.60 of the Rialto Municipal Code adding subsection 18.102.060 (L) permitted signs sidewalk signs ( A frame). TAB 12 ORDINANCE NO. 1457 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING CHAPTER 18.102.060 OF THE RIALTO MUNICIPAL CODE ADDING SUBSECTION 18.102.060 (L) PERMITTED SIGNS SIDEWALK SIGNS ( A FRAME) (Second Reading) Request City Council to adopt Ordinance No. 1458 amending Section 18.56.030 of the Rialto Municipal Code as it pertains to fences, hedges and walls. TAB 13 ORDINANCE NO. 1458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTION 18.56.030 OF THE RIALTO MUNICIPAL CODE PERTAINING TO FENCES, HEDGES AND WALLS Rialto City Council Meeting Agenda December 8, 2009 7
ORAL COMMUNICATIONS (5-Minute Time Limit) 1. 2. REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT TIME: Rialto City Council Meeting Agenda December 8, 2009 8