City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, April 8, 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 April 8, 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. City of Rialto Page 2 Printed on 4/7/2014 City Council Regular Meeting April 8, 2014 5:00 p.m. CLOSED SESSION 1 14-220 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.Property: APN# 0264-211-15 South East Corner of Miro Way & Linden Ave. Rialto CA City Negotiator: Robb R. Steel/Development Services Director Negotiating Parties: Mighty Development Inc. Under Negotiation: Price and terms-Right of way and construction easement 2.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 & terms of leasehold acquisition and relocation 2 14-221 Conference with Legal Counsel - Existing Litigation: The City Council will discuss the following pending litigation(s) pursuant to Government Code Section 54956.9(d)(1): (a) City of Rialto v. City of Fontana, et al. S.B. Superior Court Case No. CIVDS1113014 & CIVDS1402808 (b) John White v. City of Rialto, et al. U.S. District Court Case No. 5:14-cv-00324-VAP-SP (c) SCE v. City of Rialto, et al. S.B. Superior Court Case No. CIVDS1211215 City of Rialto Page 3 Printed on 4/7/2014 City Council Regular Meeting April 8, 2014 3 14-222 Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to Government Code Paragraph (4) of Subdivision (d) of Section 54956.9: One potential case. 4 14-223 Conference with Labor Negotiator - Pursuant to Government Code Section 54957.6: City Designated Negotiator/representative: Fred Galante, City Attorney Unrepresented Employee: City Administrator 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 14-219 Proclamation-National Public Safety Telecommunications Week Mayor Robertson 2 14-226 Proclamation-2014 Jazz Appreciation Month-Mayor Robertson 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. City of Rialto Page 4 Printed on 4/7/2014 City Council Regular Meeting April 8, 2014 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 14-213 Resolution No. 36 (03/21/14) Attachments: Agenda item b-1 B.2 14-214 Resolution No. 37 (03/28/14) Attachments: Agenda item b-2 C. SET PUBLIC HEARING C.1 14-215 Request City Council to Set a Public Hearing for April 22, 2014 to consider and approve the City’s 2014-2015 Annual Action Plan and Substantially Amend the City’s 2013-2014 Annual Action Plan. Attachments: Exhibit A - 2014-2015 Budget 03-13-14 Exhibit B - Public Service-Recommended funding 03-13-14 Exhibit C - Capital Projects -Recommended Funding 03-13-14 Exhibit D - Administration -Approved Funding 03-13-14 Exhibit E - Notice of Public Hearing D. MISCELLANEOUS D.1 14-181 Request City Council to Award a Construction Contract to JM Justus Fence Company, a California partnership, in the amount of $30,950 for the Park Fence Project, City Project No. 140302. Attachments: RFP_14-059_PARK_FENCE_PROJECT-_ABSTRACT CP140302 Contract Notice of Exemption D.2 14-191 Request City Council to Accept the Removal and Installation of Flooring at the Senior Center. Attachments: Notice of Completion City of Rialto Page 5 Printed on 4/7/2014 City Council Regular Meeting April 8, 2014 D.3 14-196 Request City Council to Approve Agreements for Right of Way Acquisition and a Temporary Construction Easement with the Jasper Family By-Pass Trust in the Total Amount of $18,000 for a Portion of the Vacant Property Located on the East Side of N. Fitzgerald Avenue and South of Ayala Drive (APN 0264-213-41) for the Ayala Drive Widening, City Project No. 090804 Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 D.4 14-199 Request that the City Council Adopt a Resolution Establishing a Restricted Parking Zone along Miro Way between Maple Avenue and Locust Avenue for the Benefit of the San Bernardino County Emergency Operations Center. Attachments: Exhibit A - Miro Way County of SB Lot - Parking Exhibit (I-210 Logistics Center) 9 26 13 Exhibit B - Miro Way RSP Exhibit C - City Resolution - Establishing a Restricted Parking Zone on Miro Way D.5 14-202 Request City Council to approve the purchase of nine Panasonic Toughbooks CF-18 devices through Confire IT cooperative purchase agreement to facilitate mandated electronic reporting of patient care , billing, and data collection in the amount of $36,285. Attachments: Attachment 1 - Price Quote D.6 14-208 Request City Council to Adopt Resolution No. 6533 for the Placement of Liens Against Abandoned Properties for Failure to Comply with Administrative Citation to Correct Code Violations. Attachments: Exhibit A. Exhibit B. Exhibit C City of Rialto Page 6 Printed on 4/7/2014 City Council Regular Meeting April 8, 2014 D.7 14-201 Request that City Council (1) Rescind Previous Award of Bids (RFP #14-049) for the Removal of Hazardous Materials and Demolition of Property located at 2524 S. Lilac Avenue, 2530 S. Lilac Avenue and 1394 N. Laurel Avenue; and (2) Adopt a Budget Resolution appropriating Additional Funds for the demolition of the Homes at 2524 S. Lilac Avenue; and (3) Approve a Demolition Contract with Midwest Environmental Control, Inc, for the Removal of Hazardous Materials and Demolition of Property located at 2524 S. Lilac Avenue in the amount of $19,970; and (4) Approve a Demolition Contract with American Integrated Services for the Removal of Hazardous Materials and Demolition of Property for properties located at 2530 S. Lilac Avenue and 1394 N. Laurel Avenue in the amount of $27,292. Attachments: Exhibit A - Bid Abstracts Exhibit B - Original Staff Report 2-11-14 (Tab C-4) Exhibit D - American Integrated Contract Exhibit E - NOE Demolition of Homes Project Exhibit F - Budget Reso - Demolition FS 205 D.8 14-200 Request City Council to Approve a First Amendment to Extend each of the three Franchise Agreements for Official Police Towing Services with J & K Auto Body & Towing, Pepe’s Tow Service, Inc., and Roy & Dot’s Towing on a Month to Month Basis for a Period of up to Twelve Months. Attachments: J & K Auto Body & Tow First Amendment Pepe's Tow Service, Inc First Amendment Roy & Dot's Towing First Amendment D.9 14-224 Request City Council to Approve a Travel and Training Request in the Total Amount of $855.90 for City Clerk Barbara McGee to attend the 41st Annual City Clerk’s Association of California Conference on Wednesday, April 23 - Friday, April 25, 2014. Attachments: 2014 annual ccac conference Travel Request D.10 14-218 Request for City Council to consider directing City Clerk to Prepare Detailed Minutes of Proceedings of the City Council and its Related Agencies, and Revise Minutes Dating Back to June 25, 2013, to include the Requested Details. TAB PUBLIC HEARING City of Rialto Page 7 Printed on 4/7/2014 City Council Regular Meeting April 8, 2014 TAB 1 14-176 Request City Council to Conduct a Public Hearing to Consider and Adopt the Mitigated Negative Declaration for the Riverside Avenue / Linden Avenue Traffic Signal Installation Project, City Project No. 120802. (ACTION) Attachments: Attachment 1 - Initial Study Attachment 2 - Notice of Availability Resolution TAB NEW BUSINESS TAB 2 14-216 Request that the Mayor appoint an Ad Hoc Subcommittee to oversee and make recommendations on negotiations with Kinder-Morgan Energy Partners and other similar businesses regarding a fuel storage fee agreement, a potential business license tax measure, and future franchise agreements (ACTION). TAB 3 14-169 Request that City Council Approve First Amendment to a Professional Services Agreement with Willdan Engineering, Inc. for Building Inspections, Fire Plan Check and Structural Plan Check Services and Increase the Contract Amount for FY 14 to 242,330, an increase of $178,330. Attachments: Exhibit A. - PROFESSIONAL SERVICES AGREEMENT Vendor_Contractor_ WILLDAN ENGINEERIN Exhibit B. - Permits Issued Exhibit C - Willdan Profession Agreement Amendment #1 Exhibit D - Budget Resolution City of Rialto Page 8 Printed on 4/7/2014 City Council Regular Meeting April 8, 2014 TAB 4 14-171 Request that City Council (1) Approve a Contribution In Lieu of Construction Agreement by and among the City of Rialto, McDonalds USA, Food-4-Less, Malki Facility Trust and Foothill Cedar Holdings LLC , (2) Adopt a Resolution Amending the 2010 - 2014 Capital Improvement Program, Amending Its 2013-2014 Fiscal Budget to Add “Traffic Signal At Foothill & Home Depot & Cedar Median”, City Project No. 140817, and Appropriating A Budget Of $300,000, and (3) Approve a Purchase Order with Lockwood Engineering Company in the amount of $20,220 for Engineering Design Services. Attachments: Exhibit A - Center Ownership Exhibit B - Site Plan Exhibit C - TC Staff Report Exhibit D - Traffic Conditions and Accidents Exhibit E - DOCS-#160851-v3-(Rialto)_Food_4_Less_Payment_in_Lieu_of_Construction_Agreement Exhibit F - Lockwood Proposal Exhibit G - CDP 738 739 - Filed NOD Receipt Exhibit H - CIP Budget Resolution TAB 5 14-205 Request that the Rialto Utility Authority to Approve the Second Amendment to the Professional Services Agreement by and between the Rialto Utility Authority and Fieldman, Rolapp & Associates for Consultation related to the Concession Agreement, increasing the purchase authorization by $16,000 to a total of $65,000. (ACTION) Attachments: Second Amendment to FRA PSA TAB 6 14-195 Request City Council to Approve Agreements for Right of Way Acquisition and a Temporary Construction Easement with the Nicholas Georgiou Trust in the Total Amount of $56,200 for a Portion of the Property Located at 1310 W. Baseline Road (APN 0264-212-50) for the Ayala Drive Widening, City Project No. 090804. (ACTION) Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 City of Rialto Page 9 Printed on 4/7/2014 City Council Regular Meeting April 8, 2014 TAB 7 14-197 Request City Council to Award a Construction Contract to C.S. Legacy Construction, Inc., a California corporation, in the amount of $407,827 for the 2012/13 & 2013/14 Annual Curb, Gutter and Sidewalk Improvement Project, City Project No. CB1304 and CB1404, and Eucalyptus Avenue Widening Project, City Project No. 140808, and Request City Council to Authorize a Purchase Order with Willdan Engineering in the amount of $70,820 for Construction Administration and Support Services. (ACTION) Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 TAB 8 14-204 Request City Council to Adopt Resolution No. ____ Authorizing Construction of the Pepper Avenue Widening (Shamrock Street to Madrona Street), City Project No. 130811, and Other Additional Work by Construction Contract Change Order to the Contract with Griffith Company for the Pepper Avenue Extension Project, City Project No. 000893; and Request City Council to Approve a Third Amendment to the Professional Services Agreement with Willdan Geotechnical in the Amount of $110,380 for a Total Contract Amount of $734,640. Attachments: Attachment 1 Attachment 2 Resolution TAB 9 14-207 Request City Council to Approve an Agreement for Right of Way Acquisition with Rodney G. Wolcott in the Total Amount of $58,862 for a Portion of the Property Located at 1195 N. Maple Avenue (APN 0243-341-29); and Request City Council to Adopt a Resolution Amending the FY2013-14 Budget in the Amount of $68,262. Attachments: Attachment 1 Attachment 2 Attachment 3 Resolution TAB10 14-209 Request City Council to Adopt a Resolution Authorizing a Local Match of $103,422 from the Local Measure I Fund for MSRC Grant Applications. Attachments: Attachment 1 Attachment 2 Budget Resolution City of Rialto Page 10 Printed on 4/7/2014 City Council Regular Meeting April 8, 2014 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 11 Printed on 4/7/2014