City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, February 25, 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 February 25, 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 1 14-130 Conference with Legal Counsel-Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One Potential Case) 2 14-128 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) Andrew Pilcher v. City of Rialto CR-03-0500010 & CR-03-0500011 City of Rialto Page 2 Printed on 2/25/2014 City Council Regular Meeting February 25, 2014 3 14-125 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) Daniel Torres v. City of Rialto Court Case No. CIVDS1113014 (b) Beverly Brown v. City of Rialto, et al. Court Case No. CIVDS1205098 (c) Francisco Peace, et al. V. City of Rialto, et al. Court Case No. CIVDS1205509 (d) James Yesford v. City of Rialto et al. Court Case No. BC501902 (e) Rialto Professional Firefighters, Local 3688 v. City of Rialto, et al Court Case No. CIVDS1304465 (f) Terri King v. City of Rialto, et al Court Case No. CIVDS1309029 (g) R.C. Construction v. City of Rialto Court Case No. CIVDS1211786 (h) SCE v. City of Rialto, et al. Court Case No. CIVDS1211215 (i) S.B. Water Municipal Water District, et al. V. San Gabriel Valley Water Company dba Fontana Water Company, et al. Court Case No. CIVDS1311085 (j) S.B. County Flood Control District v. City of Rialto, et al. Court Case No. 37-2009-0082535-CU (k) City of Colton v. American Promotional Events Court Case No. CV 09-6630 (l) Laurie Ruiz, et al. V. City of Rialto, et al. Court Case No. CIVDS1006829 (m) Sergio Maldonado v. City of Rialto, Rialto Unified School District Court Case No. CIVDS1213121 (n) Gabriel Brown v. City of Rialto, et al. Court Case No. CIVDS1310819 City of Rialto Page 3 Printed on 2/25/2014 City Council Regular Meeting February 25, 2014 (o) Halbert Sam v Javier Pulido, et al. Court Case No. EDCV12-00426-GAF (p) Joseph Lozano v. City of Rialto, et al. Court Case No. EDCV13-01636DTB (q) Florence Henry, et al. V. City of Rialto, et al. Court Case No. CIVDS1314704 (r) Janessa Contreras (Ruben Contreras) v. City of Rialto Court Case No. CIVDS1306523 (s) Tony Aubry v. City of Rialto, et al. Court Case No. CIVDS1307513 (t) Tuan Nguyen v. City of Rialto, et al. Court Case No. CIVDS1309032 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 14-137 Recognition-Best in Show, West Minster Kennel-Mayor Robertson 2 14-127 Presentation - 18th Annual Riverside County Sheriff’s Department K-9 Trials and Recognition of the K-9 Volunteers - Council Member Hirtz 3 14-136 Presentation-National Day of Tennis-Mayor Robertson 4 14-131 Presentation - Stephen Landazuri, Seattle Mariners Minor League Baseball - Council Member Baca Jr., ORAL COMMUNICATIONS City of Rialto Page 4 Printed on 2/25/2014 City Council Regular Meeting February 25, 2014 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 14-117 Resolution No. 30 (02/07/14) Attachments: Agenda item b-1 B.2 14-118 Resolution No. 30A (02/07/14) Attachments: Agenda item b-2 B.3 14-119 Resolution No. 31 (02/14/14) Attachments: Agenda item b-3 C. SET PUBLIC HEARING C.1 13-320 Request City Council to Set a Public Hearing for March 11, 2014 for the Purpose of Establishing a Fair Share Traffic Mitigation Fee for the Renaissance Specific Plan Area (the “RSP Fair Share Traffic Mitigation Fee”). Attachments: Notice of Public Hearing for RSP Traffic Fee Version 2 Exhibit B - RSP Traffic Fee Program Report (Jan. 2014) C.2 14-067 Request City Council to waive the first reading and set the public hearing to consider the second reading of the proposed Ordinance No. ___ amending Chapter 15.28 of the Rialto Municipal Code (RMC) adoption the 2013 Edition of the California Fire Code and approving findings of local necessity. D. MISCELLANEOUS D.1 14-100 Request City Council to Approve the Purchase of Panasonic Toughbook Laptop Computers and Vehicle Mount Replicators from CDCE, Inc. in the Amount of $33,109.56 Attachments: RFP 14-051 City of Rialto Page 5 Printed on 2/25/2014 City Council Regular Meeting February 25, 2014 D.2 14-106 Request City Council to Accept the Community Center Rehabilitation Phase 2 Project, City Project No. CB1201. Attachments: Notice of Completion D.3 14-107 Request City Council to receive and file the Statement of Income and Expenses related to the Airport Escrow Account for January 2014. Attachments: Exhibit A January 2014 Airport Escrow Statement Summary D.4 14-105 Request City Council to Authorize the Release of Request for Bids (RFB) No. 14-045 for the 2013/14 Heating, Ventilation and Air Conditioning Unit Replacement Project, City Project No. 120203. Attachments: Attachment 1 - List of HVAC Units D.5 14-109 Request City Council to Authorize an Increase to a Purchase Order with Willdan Engineering in the Amount of $23,805 for Construction Administration, Material Testing and Construction Inspection for the 2013/2014 Annual Slurry Seal, City Project No. 140804, and Parking Lot Resurfacing Project, City Project 140304. Attachments: Attachment 1 Council Award 12-10-13 for Slurry Seal and Parking Lot Resurfacing Attachment 2 Amended Proposal Willdan D.6 14-110 Request City Council to Adopt Resolution No. ____ Approving Parcel Map 19402 and an Associated Subdivision Improvement Agreement with Prologis, a Maryland Real Estate Investment Trust, for a Parcel Map Located North of Base Line Road between Palmetto Avenue and Tamarind Avenue, in Section 32, Township 1 North, Range 5 West. Attachments: Attachment 1 - PM 19402 PM19402 SIA Resolution D.7 14-085 Request Housing Authority Board Approve Revisions to the Program Description for the Mortgage Assistance Program as funded through the CalHome Program. Attachments: Exhibit A - MAP CalHome Program Descriptiona Exhibit B - MAP CalHome Program Description - Changes 2-25-2014 D.8 14-108 Request City Council approval of travel and training request for Mayor Deborah Robertson to attend the City County Conference on March 27-28, 2014. Attachments: TRAVELGREENFORM City of Rialto Page 6 Printed on 2/25/2014 City Council Regular Meeting February 25, 2014 D.9 14-113 Request Council to approve Resolution ____ requesting consideration of approval of Grant Funds in the amount of $40,000 or in-kind Improvements for the Bud Bender Park Renovation Project from the Los Angeles Dodgers Foundation. Attachments: Dedication Shot, Stan Speaking Landreaux, Hitting Station Signed Dodgers Letter - Dated December 19 Resolution Dodgers D.10 14-120 Request City Council to Adopt Ordinance No. 1540. ORDINANCE NO. 1540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING THE RIALTO MUNICIPAL CODE ADDING CHAPTER 9.45 TO PROHIBIT MOBILE MARIJUANA DISPENSARIES, WHICH IS NECESSARY TO PRESERVE THE PUBLIC PEACE, HEALTH, AND SAFETY. Attachments: Ordinance No. 1540 TAB PUBLIC HEARING TAB1 14-104 Request City Council to Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Third Quarter of 2013. Attachments: Resolution TAB NEW BUSINESS TAB2 14-122 Request City Council to concur with the appointments and reappointments of Rialto residents on various City Commissions and authorize the City Clerk to provide appropriate written notification. Attachments: Notice of Vacancies 2014 Appointments and Reappointments 2014 City of Rialto Page 7 Printed on 2/25/2014 City Council Regular Meeting February 25, 2014 TAB3 14-111 Approve Budget Resolutions amending estimated revenues and appropriations for the FY13/14 budgets of the City and Rialto Utility Authority Attachments: Council Approved Budget Adjustments 7-1 to 12-31 City Reso & exhibit A RUA Reso exhibit A RSA Reso exhibit A Budgeted Positions 2014 EXHIBIT B Summary by Fund Summary by Fund TAB4 14-114 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 FINAL TAB5 14-115 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 Final TAB6 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 TAB7 14-074 Adoption of a resolution reducing the established fees for the City’s Multi-Family Rental Housing Fire Inspection Program. Attachments: Resolution - Fee Reduction Exhibit A 022514 - Fire - Fire Inspection Program City of Rialto Page 8 Printed on 2/25/2014 City Council Regular Meeting February 25, 2014 TAB8 14-101 Request that the City Council approve a Professional Service Agreement with KTGY in the amount of $656,261 for Preparation of the Pepper Avenue Specific Plan. Attachments: PROPOSAL RFP 14-028 AEI CASC CONSULTING.pdf PROPOSAL RFP 14-028 Impact Sciences.pdf PROPOSAL RFP 14-028 KTGY Group.pdf Pepper Revised_Scope_2014-01-27_CLEAN.pdf PSA Pepper Avenue REVISED 2014.doc DS - Pepper Ave 010.doc TAB9 14-102 Request that City Council Consider Options for Performing the Duties of the Historic Preservation Board. Attachments: Chapter_18.71_HISTORICAL_PRESERVATION.docx Rialto City Council Minutes 8-20-91.pdf TAB10 14-080 Request Rialto Housing Authority to Approve Amendment to Disposition and Development Agreement with KDF Communities to Develop the Rialto Crossroads Project. Attachments: Exhibit A - First_Amendment_to_KDF_DDA Exhibit B - Project Pro-Forma 2-10-14 Exhibit C - Affordable Housing Ratios Exhibit D - CTCAC Adopted Regulations for 2014a Exhibit E-Budget Resolution City of Rialto Page 9 Printed on 2/25/2014 City Council Regular Meeting February 25, 2014 TAB11 14-079 Request that the City Council and Rialto Utility Authority Conceptually Approve a Ground Sub-Lease Agreement by and between the Rialto Utility Authority and Rialto Bioenergy Facility LLC, a Facility Operation Agreement by and between the City of Rialto and Rialto Bioenergy Facility LLC, and an Easement Agreement by and between the City of Rialto and Rialto Bioenergy Facility LLC; and (2) that the Rialto Utility Authority Approve a Site Use Agreement by and between the Rialto Utility Authority and Rialto Bioenergy Facility LLC., and (3) that the Rialto Utility Authority Adopt a Budget Resolution Authorizing Reimbursement of Legal Expenditures to Rialto Water Services LP for its review of the Contract Documents. Attachments: Exhibit A Statement of Qualifications Exhibit B DOCSOC-#1656643-v1-RBF_Easement_Agreement Exhibit C Site and Easement Depictions Exhibit D DOCSOC-#1652030-v7-Ground_Sublease Exhibit E DOCSOC-#1656507-v3-RBF_Site_Use_Agreement Exhibit F DOCSOC-#1654231-v4-Facility_Operation_Agreement Exhibit G 20 Year Revenue Forecast Exhibit H Budget Resolution TAB12 14-103 Request City Council/Rialto Utility Authority to Approve a First Amendment to the Agreement with West Valley Water District for Operation and Maintenance of Groundwater Contamination Treatment Systems in the Amount of $150,000; Request City Council to Terminate a Land Lease Agreement dated August 12, 2003; and Request City Council to Approve an Agreement for Conveyance of Property with M. R. Tudor-California, Inc., an Oklahoma Corporation in the Amount of $126,000. Attachments: Attachment 1 07-09-2013 Agenda item tab 10- WVWD O&M Contract Attachment 2 Veiloa Water Memo- Chino Well 1 Alternatives Attachment 3 City of Rialto Lease Agreement with LEB Industrial Attachment 4 M.R. Tudor Acquisition Agreement Attachment 5 - WVWD Agreement Amend 5 City of Rialto Page 10 Printed on 2/25/2014 City Council Regular Meeting February 25, 2014 TAB13 14-089 Request City Council to Adopt Resolution No. ____ Amending the 2010-2014 Capital Improvement Program to Add “Traffic/Transportation Engineering and Fee Program Services, City Project No. 140816”, and Appropriate a Budget of $545,000; and Request City Council to Approve a Professional Services Agreement in the Amount of $499,328 with Iteris, Inc., a Delaware corporation, for the Traffic/Transportation Engineering and Fee Program Services, City Project No. 140816. Attachments: Attachment 1 RFP 14-013 Attachment 2 Evaluation Score Results Attachment 3 Iteris Inc Proposal Attachment 4 Iteris PSA Resolution TAB14 14-112 Request City Council to Approve a Professional Services Agreement in the Amount of $898,230 with Dokken Engineering for the Alder Avenue Widening, City Project No. 140801; Request City Council to Approve a Professional Services Agreement in the Amount of $495,600 with Dokken Engineering for the Valley Boulevard/Cactus Avenue/Linden Avenue Widening, City Project No. 140802; Request City Council to Approve a Professional Services Agreement in the Amount of $765,251 with Dokken Engineering for the Randall Avenue Widening, City Project No. 140809; and Request City Council to Adopt a Budget Resolution Appropriating $400,000 from Local Measure I (Fund 201), and $600,000 from Traffic Development Impact Fees (Fund 250). Attachments: Attachment 1 - RFP 14-023 Attachment 2 - Initial Evaluation Attachment 3 - Final Evaluation Attachment 4 - Dokken Proposal Dokken PSA CP140801 2-19-14 Dokken PSA CP140802 2-19-14 Dokken PSA CP140809 2-19-14 Budget Resolution REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: City of Rialto Page 11 Printed on 2/25/2014 City Council Regular Meeting February 25, 2014 ADJOURNMENT City of Rialto Page 12 Printed on 2/25/2014