City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting - Final Tuesday, February 11, 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 Barbara A. McGee City Clerk Edward Carrillo City Treasurer Fred Galante City Attorney Mike Story City Administrator City Council Regular Meeting - Final February 11, 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. 1541 Next Resolution No. 6401 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. City of Rialto Page 2 Printed on 2/9/2014 City Council Regular Meeting - Final February 11, 2014 5:00 p.m. CLOSED SESSION 1 14-090 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 2 14-091 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 3 14-093 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: One potential (case) 4 14-094 Conference with Legal Counsel - Existing Litigation: The City Council will discuss the following pending litigation(s) pursuant to Government Code Section 54956.9(a): (a) City of Colton v. American Promotion Events, Inc., et al. United States Central District Court Case No. EDCV09-01864 PSG(SSx) 6:00 p.m. City of Rialto Page 3 Printed on 2/9/2014 City Council Regular Meeting - Final February 11, 2014 Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 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 14-081 Resolution No. 28 (01/24/14) Attachments: Agenda item b-1 B.2 14-082 Resolution No. 29 (01/31/14) Attachments: Agenda item b-2 C. MISCELLANEOUS City of Rialto Page 4 Printed on 2/9/2014 City Council Regular Meeting - Final February 11, 2014 C.1 13-417 Request City Council’s Approval of a Development Impact Fee Deferral Agreement between the City of Rialto and Maria Mora, doing business as Tortas Ahogadas Chapela. Attachments: Exhibit A - Site Exhibit B - DIF Fee Calcs Exhibit C - Letter Exhibit D - Payment Schedule Exhibi E - Rialto DIF Deferral Agreement (00024696) C.2 14-049 Request City Council, Acting as Successor Agency to the Redevelopment Agency for the City of Rialto, to adopt a Resolution approving the Recognized Obligation Payment Schedule known as ROPS 14-15A for the Period of July 1, 2014 to December 31, 2014. Attachments: Ex A. ROPS Ex. B Ex. C Resolution C.3 14-051 Request that Rialto Housing Authority Consider and Approve a Certificate of Completion Pursuant to the Affordable Housing Agreement between the Rialto Housing Authority and Southern California Housing Resource and Development for the West Jackson Neighborhood Revitalization Project - Phase 3. (ACTION) Attachments: Exhibit A C.4 14-060 Request City Council Approve a Budget Resolution and Approve the Award of Bids (RFP #14-049). Request City Council Approve a Demolition Contract with Dakeno, Inc. for the Removal of Hazardous Materials and Demolition of Property located at 2530 S. Lilac Avenue in the amount of $16,500 and Approve a Demolition Contract with American Integrated Services for the Removal of Hazardous Materials and Demolition of Property for properties located at 2524 S. Lilac Avenue and 1394 N. Laurel Avenue in the amount of $27,255.00 Attachments: Exhibit A - RFP 14-049 and Addendums Exhibit B - Bid Abstracts Exhibit C - Dakeno Proposal RFP 14-049- Exhibit D - American Integrated Proposal RFP 14-049 Exhibit E - Budget Reso - Demolition FS 205 Exhibit F - Dakeno Contract Exhibit G - American Integrated Services Contract City of Rialto Page 5 Printed on 2/9/2014 City Council Regular Meeting - Final February 11, 2014 C.5 14-076 Request that City Council and the City Council Acting as the Successor Agency to the Redevelopment Agency of the City of Rialto (1) Consider and Approve Resolutions Reserving and Dedicating Right-of-Way for Roadway and Public Utilities Purpose for the Construction of Miro Way from Linden Avenue easterly to Ayala Drive within the Renaissance Specific Plan Area; and, (2) Approve a Professional Services Agreement with Overland Pacific and Cutler for Right-of-Way Acquisition Services in an amount not to Exceed $10,120. Attachments: Exhibit A -Site Map - Exhibit B - Resolution - 13-04 Exhibit C - Resolution - 13-05 Exhibit D - DOF APPROVAL - ROW - Rialto OB 13-04 and 13-05 Exhibit E - Miro ROW Exhibit F - OPC - Cost Proposal Exhibit G - RSA Resolution - RSP ROW Dedication - Miro Way (East) Exhibit H - City Resolution Accepting Miro Way into City Street System (00024010) Exhibit I - PSA with OPC C.6 14-078 Request City Council to increase Purchase Order #2014-0389 amount from $15,000 to $30,000 for Waxie Sanitary Supply C.7 14-069 Request City Council to Authorize the Release of Request for Proposals No. 14-043 for On-Call Traffic Engineering Services. Attachments: RFP 14-043 Traffic Engineering Services C.8 14-070 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 C.9 14-086 Request City Council to Adopt Ordinance No. 1539. ORDINANCE NO. 1539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING CHAPTER 15.08 OF THE RIALTO MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA BUILDING CODES OF THE CALIFORNIA CODE OF REGULATIONS AND OTHER RELATED CODES. Attachments: Ordinance No. 1539 TAB PUBLIC HEARING City of Rialto Page 6 Printed on 2/9/2014 City Council Regular Meeting - Final February 11, 2014 TAB 1 14-061 Request City Council to Conduct the Public Hearing to Introduce and Pass to Second Reading Proposed Ordinance No. 1540 Adding Chapter 9.45 to Title 9 of the Rialto Municipal Code to Prohibit the Existence and Operation of Mobile Medical Marijuana Dispensaries Within the Jurisdictional Boundaries of the City of Rialto. Attachments: Ordinance TAB NEW BUSINESS TAB 2 14-087 Report regarding the Investment Returns and Risks for the Airport Escrow Fund and the General Fund Reserve. Attachments: Exhibit A Cal-Trust Investment Summary Exhibit B Airport Escrow Investment Tracking Exhibit C Lewis Cal Trust letter 10-24-13 Exhibit D Les Wells 10_24_13 TAB 3 14-071 Request City Council to Approve Memorandum of Understanding (MOU) Between the City of Rialto and the Rialto Police Benefit Association (RPBA) Management Bargaining Unit for Changes to be Effective from January 1, 2014 through December 31, 2015. Attachments: Police Mgmt MOU 2014-2015 TAB 4 14-072 Request City Council to Approve Memorandum of Understanding (MOU) Between the City of Rialto and the Rialto Police Benefit Association (RPBA) General Bargaining Unit for Changes to be Effective from January 1, 2014 through December 31, 2015. Attachments: RPBA General 2014-2015 MOU TAB 5 14-068 Request City Council to Adopt a Resolution Amending the 2010-2014 Capital Improvement Program to Add “Police Department Training Room Addition”, City Project No. 140210, and Appropriate a Budget of $160,000; and Request City Council to Approve the Second Amendment to the Professional Services Agreement with Andresen Architecture, Inc., in the Amount of $12,500. Attachments: Attachment 1 - Andresen Proposal Andresen PSA Amendment 2 Attachment 2 cip page Resolution City of Rialto Page 7 Printed on 2/9/2014 City Council Regular Meeting - Final February 11, 2014 TAB 6 14-063 Request City Council to Award a Construction Contract to Golden Phoenix Construction Co., Inc., a California corporation (dba Golden Phoenix Electric), in the amount of $196,490 for the Frisbie Park Sports Lighting Improvement Project, City Project No. 140303; and Request City Council to Authorize a Purchase Order with Willdan Engineering in the amount of $26,730 for Construction Administration and Support Services. Attachments: Attachment 1 - CP140303 Bid Summary Attachment 2 - CP140303 Contract Attachment 3 - Willdan Proposal TAB 7 14-064 Request City Council to Adopt a Budget Resolution Appropriating $75,000 from the Local Measure I Fund; Request City Council to Uphold the Bid Protest from ABNY General Engineering, Inc., a California corporation, and Determine the Bid Submitted by Crownline Engineering is Non-Responsive; and Request City Council to Award a Construction Contract to ABNY General Engineering, Inc., a California corporation, in the amount of $157,775 for the Cascade Street Repairs, City Project No. 140811. Attachments: Attachment 1 - CP140811 Bid Summary Attachment 2 - ABNY Bid Protest 1-10-14 Attachment 3 - City letter to ABNY re Protest 1-21-14 Attachment 4 - City letter to Crownline 1-21-14 Attachment 5 - CP140811 Contract Budget Resolution TAB 8 14-065 Request City Council to Adopt a Budget Resolution, and Request City Council to Approve a Professional Services Agreement with Willdan Financial Services, for the 1972 Act and Mello-Roos Act Annual Administration Services with an Initial Estimated Annual Amount of $75,000. Attachments: Attachment 1- 9-24-13 Staff Report Attachment 2 Willdan Proposal Attachment 3 Agreement Budget Resolution TAB 9 14-075 Request City Council to Approve a Termination Agreement with FuelCell Energy, Inc., a Delaware corporation. Attachments: Attachment 1 - 2-6-07 Staff Report Attachment 2 - FCE Service Agreement Attachment 3 - 7-13-10 Staff Report Attachment 4 - Termination Agreement City of Rialto Page 8 Printed on 2/9/2014 City Council Regular Meeting - Final February 11, 2014 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 9 Printed on 2/9/2014