CITY OF RIALTO REGULAR MEETING of the CITY COUNCIL/REDEVELOPMENT AGENCY RIALTO UTILITY AUTHORITY Civic Center Council Chambers 150 South Palm Avenue Rialto, California 92376 AGENDA July 13, 2010 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 6:00 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. 1473 Next Resolution No. 5887 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)) 2. Conference with Legal Counsel Exposure to Litigation. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (1) Rialto City Council Meeting Agenda July 13, 2010 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 Deborah Robertson INVOCATION Pastor Kurt King Valley Fellowship Seventh Day Adventist Church City Attorney s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1. Resolution of Appreciation-Ofc. Glen Anderson, Sgt. Jim Kurkoske & Ofc Joe Maltese and Firefighter Scott Athearn Mayor Grace Vargas 2. Presentation CDBG Projects - Ahmad Ansari, Director of Public Works/City Engineer 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 July 13, 2010 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. 48 (6/18/10) 2. Resolution No. 49 (6/25/10) 3. Resolution No. 50 (6/30/10) C. APPROVAL OF MINUTES 1. Regular RDA/City Council Meeting June 22, 2010 D. SETTING OF PUBLIC HEARINGS 1. Request City Council to set a Public Hearing for the July 27, 2010 City Council Meeting of the Foothill Boulevard Specific Plan No. 13; A request to designate the three mile corridor along Foothill Blvd. as a Specific Plan Area, establish land use and development standards and adopt a Mitigated Negative Declaration. E. MISCELLANEOUS 1. Request City Council to adopt Resolution No. 5872 changing the name of Jackson Street between Lilac and Sycamore Avenues to Golden Eagle Lane. 2. Request City Council to approve an extension of the Professional Services Agreement between the City of Rialto and Hayer Consultants, Inc., for structural and fire safety plan review services. 3. Request City Council to approve the purchase of three laptop computers, six desktop computers and one printer from Dell, Inc. 4. Request City Council to approve the purchase of twelve XTS5000 HT Radios from Motorola Inc. in the amount of $40,778. 5. Request City Council to approve an Extension of Contract for Electronic Waste Collection on Quarterly Free Dump Days. 6. Request City Council to adopt Resolution No. 5873 approving application for funding from the California Department of Resources Recycling and Recovery for Used Oil Payment Program Cycle 1 Grant (FY 2010/2011). 7. Request City Council to adopt Resolution No. 5874 approving the filing of delinquent refuse bill liens with the San Bernardino County Auditor Controller/Recorder and the Treasurer Tax Collector for placement on the 2010 San Bernardino County Property Tax Rolls. 8. Request City Council to adopt Resolution No. 5875 supporting HR 3745 the Community Access Preservation (CAP) Act. 9. Request City Council to adopt Resolution No. 5876 in support of the California Jobs Budget. Rialto City Council Meeting Agenda July 13, 2010 4
CONSENT CALENDAR E. MISCELLANEOUS 10. Request City Council to adopt Resolution No. 5877 setting Fiscal Year 2010/2011Tax Rate at $0 (zero) for PERS Retirement Cost. 11. Request City Council to approve a Notice of Completion for the Citywide Sewer Collection Manholes Repair and Replacement Project, Project No. 080507-00. 12. Request City Council to adopt Ordinance No. 1467 to amend Contract with PERS on Section 21354.5 and 21362.2 to allow for Enhanced Retirement for Miscellaneous and Safety Unit Members. ORDINANCE NO. 1467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF RIALTO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM Rialto City Council Meeting Agenda July 13, 2010 5
UNFINISHED BUSINESS Request City Council to introduce Ordinance No. 1468 to rescind the El Rancho Verde Specific plan No. 6; adopt Resolution No. 5862 to consider the certification of an Environmental Impact Report (E.A.R. No. 09-19/SCH# 2009061113) for the Lytle Creek Ranch Specific Plan; introduce Ordinance No. 1469 consider General Plan Amendment No. 29 to designate the project area as Specific Plan Overlay on the General Plan Land Use Map and Amend the text of the General Plan including the Land Use, Circulation and Open Space Elements; introduce Ordinance No. 1470 to consider Lytle Creek Ranch Specific Plan No. 12 to designate the zoning and development standards for the 2,447.3 acre planned community commonly known as Lytle Creek Ranch; introduce Ordinance No. 1471 to consider a Pre-Annexation and Development Agreement between the City of Rialto and Lytle Development Company, El Rancho Verde Golf LLC and Pharris Sycamore Flats LLC III. TAB 1 ORDINANCE NO. 1468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, TO RESCIND THE EL RANCHO VERDE SPECIFIC PLAN NO. 6 FOR 221 ACRES OF LAND LOCATED ADJACENT TO LYTLE CREEK ON THE NORTHEAST SIDE OF RIVERSIDE AVENUE AND COUNTRY CLUB DRIVE ORDINANCE NO. 1469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 29 TO DESIGNATE THE PROJECT AREA AS A SPECIFIC PLAN OVERLAY ON THE GENERAL PLAN LAND USE MAP AND AMEND THE TEXT OF THE GENERAL PLAN INCLUDING THE LAND USE, CIRCULATION AND OPEN SPACE ELEMENTS ORDINANCE NO. 1470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADOPTING THE LYTLE CREEK RANCH SPECIFIC PLAN NO. 12 TO ESTABLISH LAND USE, ZONING AND DEVELOPMENT STANDARDS FOR A 2,447.3 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF LYTLE CREEK ROAD, RIVERSIDE AVENUE AND SYCAMORE AVENUE INCLUDING UNINCORPORATED PORTIONS OF SAN BERNARDINO COUNTY ORDINANCE NO. 1471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING A PRE-ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RIALTO AND LYTLE DEVELOPMENT COMPANY, EL RANCHO VERDE GOLF, LLC AND PHARRIS SYCAMORE FLAT LLC Rialto City Council Meeting Agenda July 13, 2010 6
PUBLIC HEARINGS Request City Council to continue the Public Hearing to introduce proposed Ordinance No. 1466 amendments to the City of Rialto Municipal Code Sections 3.32.040 and 11.04.140 to amend Street Opening Permit Fee; adopt the street opening fees, and adopt Resolution No. 5840 setting forth the new fees. ORDINANCE NO. 1466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTIONS 3.32.040 AND 11.04.140 OF THE RIALTO MUNICIPAL CODE RELATING TO STREET OPENING PERMIT FEES AND TO AUTHORIZE THE IMPOSITION OF A FEE EQUAL TO OR LESS THAN 100% OF THE ACTUAL COST BORNE FOR THE PROVISION OF THE STREET OPENING PERMIT FEES TAB 2 PH Request City Council to continue the Public Hearing to introduce proposed Ordinance No. 1472 amendments to the City of Rialto Municipal Code Title 3, Revenue and Finance, Chapter 3.32; adopt the NPDES Business Inspection fees, and adopt Resolution No. 5863 setting forth the new fees and adopt Resolution No. 5864 approving an increase on revenue. ORDINANCE NO. 1472 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTION 3.32.040 OF THE RIALTO MUNICIPAL CODE TO AUTHORIZE THE IMPOSITION OF A FEE EQUAL TO OR LESS THAN 100% OF THE ACTUAL COST BORNE FOR THE PROVISION OF NPDES BUSINESS INSPECTIONS TAB 3 PH Request City Council to conduct the Public Hearing to adopt Resolution No. 5878 approving an Amendment to the City s 2010-2011 One-Year Action Plan. TAB 4 PH Rialto City Council Meeting Agenda July 13, 2010 7
NEW BUSINESS Request City Council to adopt Resolution No. 5879 eliminating the Prop. 49 Program and Resolution No. 5880 reducing positions due to the elimination of the Grant Funded Afterschool Education and Safety Program. TAB 5 Request the Redevelopment Agency to approve the Professional Consulting Agreement with David Turch and Associates for Legislative Advocacy Services. TAB 6 Request City Council to approve a Professional Services Agreement between the City of Rialto and Pacific Municipal Consultants (PMC) Inc., for preparation of an Environmental Impact Report for the proposed Rentech Renewable Energy Center in the amount of $141,880 and adopt Resolution No. 5881. TAB 7 Request City Council to approve the reprogramming of Homeless Prevention and Rapid Re-Housing Funds in the amount of $118,824. TAB 8 Request City Council award Construction Contracts for replacement if flooring at the Senior Center in the amount of $60,936.83 and adopt Resolution No. 5882 appropriating $63,983.67 from the HUD Section 108 Senior Center Construction Loan proceeds. TAB 9 Request City Council to accept the Energy Efficiency Block Grant in the amount of $877,300 for Citywide Energy Efficiency Projects and adopt budget Resolution No. 5883. TAB 10 Rialto City Council Meeting Agenda July 13, 2010 8
NEW BUSINESS Request City Council to adopt Resolution No. 5884 approving a First Amendment to the Construction Contract with Conengr Corporation for the Margaret Todd Park Renovation Project in the amount of $89,010.89. TAB 11 Request City Council to approve the First Amendment to extend the Service Contract for One Additional Year with General Building Maintenance Company for Janitorial and Park Clean-Up Services in the amount of $214,480. TAB 12 Request City Council to adopt Resolution No. 5885 approving Second Amendment to the Professional Services Agreement with R.W. Beck for additional tasks authorized related to the valuation of Utility Systems in the amount of $284,100. TAB 13 Request City Council to accept a Grant from the California Integrated Waste Management Board up to a maximum amount of $400,000 for the Citywide Street Resurfacing Projects and adopt budget Resolution No. 5886. TAB 14 Request City Council to approve the Substantial Completion Certificate for the Phase 1 of the Wastewater Treatment Plant Upgrade Project. TAB 15 Request RUA/City Council to approve the Proposition 84 Funding Agreement with West Valley Water District. TAB 16 Rialto City Council Meeting Agenda July 13, 2010 9
ORAL COMMUNICATIONS (5-Minute Time Limit) 1. 2. REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT TIME: Rialto City Council Meeting Agenda July 13, 2010 10