City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, January 14, 2014 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY AUTHORITY, RIALTO HOUSING AUTHORITY City Council Mayor Deborah Robertson Mayor Pro Tem Edward Palmer Council Member Joe Baca Jr. Council Member Shawn O'Connell Council Member Lynn Hirtz City Council Regular Meeting January 14, 2014 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 meeti0ng 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. Next Resolution No. 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 City of Rialto Page 2 Printed on 1/13/2014 City Council Regular Meeting January 14, 2014 1 14-002 Conference with Labor Negotiator regarding the following recognized employee organization pursuant to Government Code Section 54957.4: Agency designated representatives: Brad Neufeld, GSNT George Harris, Administrative and Community Services Director Employee organizations: Rialto Police Benefit Association Police Management Bargaining Unit Fire Management Bargaining Unit 2 14-003 Conference with Legal Counsel - Existing Litigation. The City Council will discuss the following pending litigation pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9: (a) R.C. Construction Services, Inc. v. City of Rialto San Bernardino County Superior Court Case No. CIVDS1211786 (b) San Bernardino County Flood Control District v. City of Rialto San Diego County Superior Court Case No. 37-2009- 0008235-CU-EI-CTL City of Rialto Page 3 Printed on 1/13/2014 City Council Regular Meeting January 14, 2014 3 14-004 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: 1. Subject: Price and Terms - Acquisition of Real Property Location: APN#0128-141-56 Negotiators: Marcus Fuller, Public Works Director/City Engineer M R Tudor - California, Inc. 2. Subject: Price and Terms - Acquisition of Real Property Location: APN#0264-361-05, 0264-361-06 Negotiators: Marcus Fuller, Public Works Director/City Engineer Jara Holding Second, LLC 3. Subject: Price and Terms - Acquisition of Real Property Location: APN#0130-271-02, 0130-271-03 0130-271-04 0130-271 25, 0130-271-26,0130-271-27, 0130-281-35,0130-281-36 Negotiators: Marcus Fuller, Public Works Director/City Engineer Silva Family Trust 4 14-016 Conference with Legal Counsel -Anticipated Litigation: The City Council will discuss the following pending litigation (s) pursuant to Government Code Paragraph (4) of Subdivision (d) of Section 54956.9: Two potential (cases) City of Rialto Page 4 Printed on 1/13/2014 City Council Regular Meeting January 14, 2014 5 14-023 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: Property: Port-A-Port Hangars at Rialto Municipal Airport City Negotiator: Robb R. Steel/Development Services Director Greg Lantz/Economic Development Manager Negotiating Parties: All Owners of Port-A-Port Facilities on the Rialto Municipal Airport. There are approximately 30 port- a-port hangars on land leased by the City. Under Negotiation: Price and terms of leasehold acquisition & relocation 6 14-022 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: Property: 1462 North Fitzgerald Avenue Suite A Rialto Municipal Airport City Negotiator: Robb R. Steel/Development Services Director Negotiating Parties: Joe Ciabattoni, Tenant Under Negotiation: Price and terms of leasehold acquisition & relocation 7 14-021 Conference with Legal Counsel - The City Council will discuss the following employee performance evaluation pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney City of Rialto Page 5 Printed on 1/13/2014 City Council Regular Meeting January 14, 2014 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 14-011 Resolution - Jacob Horn, National Mentoring Month - Mayor Robertson 2 14-010 Presentation - Holiday Decoration Awards Program - Melissa Morrison, Beautification Commission Chairperson ORAL COMMUNICATIONS 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 B.1 14-005 Resolution No. 22 (12/06/13) B.2 14-006 Resolution No. 22A (12/06/13) B.3 14-007 Resolution No. 23 (12/13/13) B.4 14-008 Resolution No. 24 (12/20/13) B.5 14-009 Resolution No. 24A (12/20/13) City of Rialto Page 6 Printed on 1/13/2014 City Council Regular Meeting January 14, 2014 C. SET PUBLIC HEARING C.1 13-407 Request City Council to Set a Public Hearing for January 28, 2014 to Approve and Adopt Addendum No. 1 to the Mitigated Negative Declaration for the Ayala Drive Widening Project, City Project No. 090804 Attachments: Figure 1 - Original Project Figure 2 - Modified Project C.2 13-385 Request City Council to Set the Public Hearing to consider an Amendment to Section 18.71 (Historical Preservation) of the Rialto Municipal Code to increase the number of board members from five (5) to seven (7) and establish the Planning Commission as the Historic Preservation Board. Attachments: EXHIBIT A D. MISCELLANEOUS D.1 13-384 Request City Council to receive and file the Interim Financial Report for the first three months of the Fiscal Year thru September 30, 2013. Attachments: Interim Financial Report as of September 30 2013 D.2 13-392 Request City Council to Adopt Resolution No. _____, A Resolution of Intent to Participate in the Update to the Upper Santa Ana River Watershed Integrated Regional Water Management Plan. Attachments: Resolution D.3 13-395 Adopt Resolution Approving the 2012/13 Housing Activity Report for the Rialto Housing Authority. Attachments: Resolution - Annual Report D.4 13-396 Adopt Resolution Approving the Calendar Year 2009, 2010, 2011 and 2012 Housing Element Annual Reports. Attachments: Resolution - Annual Report D.5 13-398 Adopt Resolution to authorize staff to apply for the Housing Related Park Grant and to use awarded funds to the Frisbie Park Sports Lighting Improvement Project. Attachments: NOFA_HRP2013_Final HPG Resolution D.6 13-399 Request City Council to receive and file the Statement of Income and Expenses related to the Airport Escrow Account for November 2013. Attachments: Exhibit A City of Rialto Page 7 Printed on 1/13/2014 City Council Regular Meeting January 14, 2014 D.7 13-403 Request City Council to Adopt Resolution No. ______ Accepting the FY2013 Homeland Security Grant Program (HGSP) and Increasing Revenue and Appropriating Expenditures in the Amount of $21,924. Attachments: Resolution FY13 Homeland Security Grant Program Award D.8 13-402 Request the City Council to Adopt a Resolution Approving a Certificate of Completion Pursuant to the Development Agreement with Reimbursement of Public Improvement Construction Costs between the City of Rialto and Locust and Linden Fund IX, LLC. Attachments: Exhibit A FINAL CERTIFICATE OF COMPLETION Exhibit B Resolution for Certificate of Completion D.9 13-412 Request City Council to Adopt a Resolution for the Placement of Liens Against Abandoned Properties for Failure to Comply with Administrative Citation to Correct Code Violations. Attachments: Ex. A Ex. B Ex_C. - Admin Citation_Resolution D.10 14-013 Request the City Council to Approve the Hescox Consent Decree. Attachments: Hescox Consent Decree.pdf TAB PUBLIC HEARING TAB1 13-394 Public Hearing to consider and approve Environmental Assessment Review No. 12-33: An Addendum to the previously certified Environmental Impact Report for the Renaissance Specific Plan for the consolidation of ten parcels of land into one 40.80 acre parcel of land and the development of a 927,575 square foot warehouse building within the Employment (EMP) and Business Center (BC) zones of the Renaissance Specific Plan. Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E TAB2 13-404 Conduct a Public Hearing and approve naming the outdoor stage at Rialto City Park the “Winnie Hanson Outdoor Stage” and the technical room inside the Sandra R. Courtney Community Playhouse the “Val Hanson Technical Booth” TAB NEW BUSINESS City of Rialto Page 8 Printed on 1/13/2014 City Council Regular Meeting January 14, 2014 TAB3 13-405 Request City Council to Approve Memorandum of Understanding (MOU) Between the City of Rialto and the Rialto Fire Management Association Bargaining (RFMA) Unit for Changes to be Effective from July 1, 2013 through June 30, 2015. Attachments: 12-19-2013 RFMA MOU REVISION George revised TAB4 13-413 Cancellation of Public Hearing to Consider the Adoption a Resolution Establishing a Fair Share Traffic Mitigation Fee for the Renaissance Specific Plan Area (the “RSP Fair Share Traffic Mitigation Fee”). TAB5 13-411 Request City Council to Approve (1) a Resolution of the City Council Reapproving a Revised Amended and Restated Agreement Regarding the Transfer of Certain Aviation Assets by and between the City of Rialto and the San Bernardino International Airport Authority, (2) a Resolution of the City Council Reapproving the Revised Mutual Release and Satisfaction Agreement by and among the San Bernardino International Airport Authority, the County of San Bernardino, and the City of Rialto. Attachments: Exhibit A July 23, 2013 Staff Report in re SBIAA Exhibit B DOCSOC-#1606674-vdocx-(SBIAA-Airport_ClosureRelocation)_Amended_and_Restated_Ag Exhibit C (County-Sheriff's Station) Rialto SA Mutual Release and Satisfaction Agreement - (County-Sher EXHIBIT D City Resolution Approving Revised Amended City.SBIAA Agreement EXHIBIT E City Resolution Approving Revised Mutual Release Agreement TAB6 13-416 Consideration of a Memorandum of Understanding by and between the City of Rialto and the Tom Wathen Center, and Flabob Airport, LLC, related to the Acquisition and Reconstruction of Hangars from the Rialto Municipal Airport at Flabob Airport. Attachments: Exhibit A - DOCSOC-#1647173-v1-Memorandumof_Understanding_-_Flabob_Airport Exhibit B - Demo Bids TAB7 13-400 Request City Council to Dismiss the Bid Protest from Hamel Contracting, Inc., Waive Any Informalities and Award a Construction Contract to Avi-Con, Inc., a California corporation (dba CA Construction), in the amount of $267,000 for the Community Center Rehabilitation Project - Phase 3, City Project CB1301; and Request City Council to Authorize a Purchase Order with Willdan Engineering in the amount of $20,040 for Construction Administration and Support Services. Attachments: Attachment 1 - Bid Protest Attachment 2 - City Response to Bid Protest Attachment 3 - Section 3 Evaluation Attachment 4 - Construction Contract Attachment 5 - Willdan Proposal City of Rialto Page 9 Printed on 1/13/2014 City Council Regular Meeting January 14, 2014 TAB8 13-408 Request City Council to Approve a First Amendment to the Professional Services Agreement with LEIDOS Engineering, LLC, in the Amount of $29,659 for a Total Contract Amount of $306,422 for Fiscal Year 2013/14 for Administrative Oversight and Professional Engineering Support Services Associated with the City of Rialto Concession Agreement with Rialto Water Services, LP. Attachments: Attachment 1 - 10-08-13 Staff Report Attachment 2 - First Amendment TAB9 13-409 Accept the Highway Safety Improvement Program (HSIP) Cycle 6 Grant from Federal Statewide Transportation Improvement Plan (FSTIP) in the Amount of $214,200, Adopt a Resolution to Amend the Budget and Capital Improvement Program for the Traffic Signal Upgrade at the Intersection of Base Line Road and Acacia Avenue. Attachments: 1. Notice of HSIP Grant Award 2. List of Award Grants HSIP Cycle 6 3. Resolution TAB10 13-410 Request City Council to Authorize an Increase to the Purchase Order with Lockwood Engineering Company for On-Call Civil Engineering Plan Check and Related Services for an Additional Amount of $262,000; and Request City Council to Authorize an Increase to the Purchase Order with Lockwood Engineering Company for On-Call Engineering Staff Support Services for an Additional Amount of $20,000; and Request City Council to Adopt a Budget Resolution. Attachments: Attachment 1 Attachment 2 Budget Resolution City of Rialto Page 10 Printed on 1/13/2014 City Council Regular Meeting January 14, 2014 TAB11 13-418 Request City Council to Dismiss the Bid Protest from R.C. Graves Construction, Waive Any Informalities and Award a Construction Contract to Sully-Miller Contracting Company, a Delaware corporation, in the amount of $3,169,295 for the Pacific Electric Inland Empire Trail, City Project No. 080803, Federal Aid Project No. RPSTPLE 5205 (019); and Request City Council to Authorize a Purchase Order with Willdan Engineering in the amount of $132,653 for Construction Administration and Support Services. Attachments: Attachment 1 - Caltrans CTC Allocation letter 9-1-13 Attachment 2 - Caltrans CTC Time Extension Attachment 3 - Caltrans Construction Authorization 9-23-13 Attachment 4 - Letter to National re DBE GFE rejection Attachment 5 - National Response Letter 12-31-13 Attachment 6 - Letter to National re Response 1-7-14 Attachment 7 - RC Construction Bid Protest 12-19-13 Attachment 8 - Letter to RC Construction re Bid Protest 1-7-14 Attachment 9 - Construction Contract Attachment 10 - Willdan Proposal TAB12 13-401 Request City Council to Approve Amendment No. 4 to the Agreement for Legal Services with Gutierrez, Fierro & Erickson, A Professional Corporation. Attachments: CA Agreement - Amendment No 4 TAB13 14-015 Brown Act Change on Requiring a Public Report of Actions . Attachments: Senate Bill No. 751.pdf REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 11 Printed on 1/13/2014