City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, August 12, 2014 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY 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 August 12, 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. 1548 Next Resolution No. 6619 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 8/7/2014 City Council Regular Meeting August 12, 2014 5:00 p.m. CLOSED SESSION 1 14-602 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) San Bernardino Flood Control District v. State of California ex rel Dept. of Transportation S.D. Superior Court Case No. 37-2009-00082535-CU (b) City of Rialto v. City of Fontana, et al. and related case S.B. Superior Court Case No. CIVDS1402525 2 14-603 Conference with Labor Negotiator regarding the following recognized employee organization pursuant to Government Code Section 54957.4: Agency designated representatives: Fred Galante, City Attorney George Harris, Administrative and Community Services Director Employee organizations: CGMA Bargaining Unit 3 14-604 Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Paragraph (2) of Subdivision (d) of Section 54956.9. Number of cases: One case. 4 14-613 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 and 54956.9 Property: APN# 0240-241-10, 38, and 56 Northwest Corner of Baseline Road & Laurel Ave. City Negotiator: Robb R. Steel-Asst. CA/Development SVS. Dir. Negotiating Parties: San Gabriel Valley Water Company Under Negotiation: Price & terms-Acquisition of Portion of Property 6:00 p.m. Called to Order By: City of Rialto Page 3 Printed on 8/7/2014 City Council Regular Meeting August 12, 2014 ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Pro Tem Ed Palmer INVOCATION-Pastor Napier-Footsteps of Faith Ministries City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 14-591 Presentation-Rialto Science Grant-Juanita Chan -Mayor Robertson 2 14-605 Presentation-EPA Graduation-Mayor Robertson 3 14-592 Resolution-US Postal Service-Council Member Baca Jr. 4 14-594 Presentation-2013 Utilities Commission Annual Report-Chairperson Zrelak-Rickman Attachments: Final Annual Report 2013 5 14-551 Presentation-2013 Healthy Rialto/First Five Annual Report 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 (ACTION) B.1 14-595 Resolution No. 3 (07/25/14) Attachments: Warrant Resolution No. 3 with checklist B.2 14-596 Resolution No. 4 (08/01/14) Attachments: Warrant Resolution No. 4 City of Rialto Page 4 Printed on 8/7/2014 City Council Regular Meeting August 12, 2014 B.3 14-606 Resolution No. 5 (08/08/14) Attachments: Warrant Resolution No. 5 with checklist B.4 14-607 Resolution No. 5A (08/08/14) Attachments: Warrant Resolution No. 5A C. APPROVAL OF MINUTES C.1 14-597 Regular City Council Meeting - July 22, 2014 Attachments: July 22, 2014 D. SET PUBLIC HEARING D.1 14-583 Request City Council to set a Public Hearing for August 26, 2014, for the following items: 1. Introduce Ordinance amending section 3.32.050 of the Rialto Municipal Code regarding authority for the reduction or waiver of Emergency Medical Service Fees, and to consider adoption of the following resolutions: 2. Consider Resolution adopting a policy for the reduction or waiver of emergency medical services fees 3. Consider Resolution Amending the Fee Schedule for Paramedic and Ambulance Transportation Services Attachments: Ambulance Fee Resolution 2014 Proposed Ordinance Amendment to Fee Schedule Waiverof Fees Resolution to Adopt Fee Waiver Policy for Emergency Medical Services EMS Fee Waiver Policy Clean Exhibit A for Resolution Amending Ambulance Fee Schedule 2014-15 ICEMA Rate Increases Breakdown of Cost Associated with EMS Delivery D.2 14-586 Request City Council to Set a Public Hearing for August 26, 2014, for Introduction and First Reading of Ordinance No. _____ Amending Sections 12.20.010, 12.20.020, 12.20.021, 12.20.022, 12.20.023, 12.20.024, 12.20.030, 12.20.040, 12.20.050, 12.20.060, 12.20.080, and 12.20.090 of the Rialto Municipal Code Regarding Water Conservation Requirements. Attachments: Attachment 1 - 2010 UWMP Attachment 2 - SWRCB Resolution Draft Ordinance 8-5-14 Public Hearing Notice City of Rialto Page 5 Printed on 8/7/2014 City Council Regular Meeting August 12, 2014 D.3 14-578 Request City Council Set a Public Hearing for September 9, 2014, to Consider a Resolution Establishing a Processing Fee for Deferral of the Payment of Development Impact Fees on Residential Development Projects. Attachments: Exhibit A -Ordinance 1532 Exhibit B - Other City's Fees Exhbit C - DOCS-#163508-v3-(Rialto)_Revised_DIF_Deferral_Agreement_Template Exhibit D - Notice of Public Hearing for Processing Fee fo DIF Deferrals E. MISCELLANEOUS E.1 14-503 Request City Council to Approve the Issuance of a Purchase Order to Keystone Management, Inc. for Fire Alarm Systems Monitoring and Repair Services by their subsidiaries, Tyco Fire & Building Products and ADT Security Services, in the Total Amount of $35,000. Attachments: Attachment 1 Attachment 2 E.2 14-440 Request City Council to Receive and File the Annual Development Agreement Review. Attachments: Location Map Lytle Creek DA Review.doc Location Map.pdf Location Map Wal-Mart DA.doc Location Map Target DA.doc Location Map I 210 Logistics Center DA.doc Location Map I 210 Logistics Center II Fund IX DA.doc Location Map Mid Valley Landfill DA Review.doc E.3 14-543 Request City Council to Adopt on second reading Ordinance No. 1547 entitled “An Ordinance of the City Council of the City of Rialto California, Authorizing an amendment to the Contract between the City of Rialto and the Board of Administration of the California Public Empolyees Retirement System.” Attachments: Ordinance No. 1547 Exhibit to Ord E.4 14-572 Request City Council to Adopt Resolution No. 6609 Accepting the FY2014 Homeland Security Grant Program (HGSP) and Increasing Revenue and Appropriating Expenditures in the Amount of $20,170. Attachments: FY2014 HSGP FD Allocations Budget Resolution City of Rialto Page 6 Printed on 8/7/2014 City Council Regular Meeting August 12, 2014 E.5 14-589 Request City Council to Adopt Resolution No. 6610 Approving the Purchase of media equipment for Council Chambers and Rialto Network Facilities from B & H Photo, Business Services, and Full Compass Systems in the total amount of $42,665.84. Attachments: 15-003 ABSTRACT OF BIDS List of equipment by vendor Budget Resolution.doc E.6 14-576 Request that City Council Approve Resolution No. 6611 Dedicating Portions of the City-Owned Property Located within the Renaissance Specific Plan as Public Right-Of-Way for Laurel Avenue, (2) Approve Resolution No. 6612 Dedicating Portions of that City-Owned Property Located within the Renaissance Specific Plan as a Public Sewer Easement, and (3) Approve Resolution No. 6613 Approving a Temporary Construction and Drainage Easement Agreement with DCT Renaissance Rialto, LLC. Attachments: Exhibit A Exhibit B - ROW 32' North Exhibti C - Laurel Ave Easement (DCT south ) Exhibit D - Temporary Construction and Drainage Easement - signed DCT Resolution - Laurel Ave Dedication Resolution - Laurel Ave Sewer Easement Resolution - TCE and Maintenance Agreement E.7 14-561 Request City Council to Approve an increase of the FY2014 Annual Purchase Order to Bio-Tox Laboratories for Expenditures through June 2014. TAB PUBLIC HEARING TAB1 14-569 Request City Council to Conduct a Public Hearing and Adopt Resolution No. 6614 Authorizing the Placement of an Annual Assessment for Advanced Billing of Refuse Collection Fees for the 2014-15 fiscal year. (ACTION) Attachments: Resolution 8-4-14 Exhibit A to Resolution TAB NEW BUSINESS City of Rialto Page 7 Printed on 8/7/2014 City Council Regular Meeting August 12, 2014 TAB2 14-571 Request City Council to Approve Memorandum of Understanding (MOU) Between the City of Rialto and the Rialto City Employees Association (RCEA) for Changes to be Effective from July 1, 2014 through June 30, 2016. (ACTION) Attachments: General Unit MOU 2014-2016 TAB3 14-512 Request City Council to receive and file the Interim Financial Report for Rialto Utility Authority for the nine months ended March 31, 2014. Attachments: RUA RWS Interim Report through March 31 2014-Final TAB4 14-513 Request City Council to Approve an extension of the FY 2013-14 award to Life-Assist and approve a Purchase Order for FY 2014-15 to Life-Assist for Emergency Medical Supplies in the amount of $90,000. (ACTION) Attachments: Staff Report 13-353 - Complete TAB5 14-565 Request City Council to Approve the Third 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 $20,000 to a total of $85,000. (ACTION) Attachments: Third Amendment to FRA PSA TAB6 14-575 Request City Council to Enter into Agreements with Real Estate Resources and Brett Carlson Construction for Property Nuisance Abatement Services in response to Request for Proposal #14-078 for a total amount of $60,000. (ACTION) Attachments: Exhibit A - RFP 14-078 Exhibit B - Abstract of Bids Exhibit C - Cost Analysis Exhibit D - Agreement - Real Estate Services Exhibit E - Agreement - Brett Carlson City of Rialto Page 8 Printed on 8/7/2014 City Council Regular Meeting August 12, 2014 TAB7 14-585 Request City Council to Adopt Resolution No. 6615 Approving an Agreement to Terminate Lease by and between the City of Rialto and The Flying Doctors of Mercy, Liga International, Inc. for a Hanger located at the Rialto Municipal Airport at a site generally known as 1464 North Fitzgerald Avenue, Space # 2 for a total amount of $100,000. (ACTION) Attachments: Exhibit A DOCSOC-#1673237-v5-Liga_Lease_Termination Exhibit B Resolution Approving Settlement Agreement with Liga TAB8 14-574 Request City Council to Accept Public Improvements, Authorize the Recordation of a Notice of Completion, Approve Reimbursement Payment related to the construction of Public Improvements pursuant to the Development Agreement by and between the City of Rialto and Target Corporation and approve budget Resolution No. 6616. (ACTION) Attachments: Exhibit A - Final Target Development Agreement - Recorded 12.13.2012 Exhibit B - 07-01-14 T3899 Entitlement ROW Reimbursement Request Exhibit C - Target ROW Dedications Exhibit D - Target NOC 2014-0237712 Exhibit E - Notice of Completion (Target Distirbution) Exhibit F - Entitlement ROW Reimbursement Request - summary Budget Reso TAB9 14-556 Request City Council/Rialto Utility Authority to Approve a Second Amendment to the Agreement with West Valley Water District for Operation and Maintenance of Groundwater Contamination Treatment Systems for the 2014/15 Fiscal Year in the Amount of $74,360.91. (ACTION) Attachments: SR Attachment 1 SR Attachment 2 SR Attachment 3 SR Attachment 4 WVWD O and M Services Amendment No 2 City of Rialto Page 9 Printed on 8/7/2014 City Council Regular Meeting August 12, 2014 TAB10 14-579 Request City Council to Adopt Resolution No. 6617 Amending the 2014-2015 Fiscal Year Budget Appropriating $699,778 from the 2008 Series A Bond Fund (Fund 336) for the Pepper Avenue Extension Project, City Project No. 000893 and Appropriating $408,396 from the 2008 Series A Bond Fund (Fund 336) for the Riverside Avenue/I-10 Interchange Project; and Request City Council to Award a Construction Contract to Mamco, Inc., Inc., a California corporation, in the amount of $1,398,988 for the Pepper Avenue Widening (Shamrock Street to Madrona Street) City Project No. 130811, Pepper Avenue Sound Walls and Pepper Avenue Overlay, City Project No. 000893. (ACTION) Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 Resolution 8-6-14 TAB11 14-580 Request City Council to Dismiss the Bid Protest from C.S. Legacy Construction, Inc., Waive Any Informalities and Award a Construction Contract to Hillcrest Contracting, Inc., a California corporation, in the amount of $401,270 for the Cactus Avenue Widening Project, City Project No. 130809, and Foothill Boulevard & Cactus Avenue Traffic Signal Modification Project, City Project No. 140807. (ACTION) Attachments: Attachment 1 - Bid Summary Attachment 2 - CS Legacy Bid Protest Letter 7-10-14 Attachment 3 - City letter to CS Legacy 7-21-14 Attachment 4 - Construction Contract Attachment 5 - NOE City of Rialto Page 10 Printed on 8/7/2014 City Council Regular Meeting August 12, 2014 TAB12 14-581 Request City Council to Adopt Resolution No. 6618 Accepting Public Improvements Associated with Tract Map No. 16764, Amending the 2011-2015 Capital Improvement Program to Add, “McWethy & Sandalwood Street Improvements, City Project No. 150804,” and Amending its 2014-2015 Fiscal Year Budget to Appropriate $85,500 Therefor. (ACTION) Attachments: Attachment 1 09-19-2006 approve final map Attachment 2 06-03-2008 Bond Reduction Attachment 3 Letter of Credit Amount Reduction Attachment 4 04-01-2014 Letter F&M Bank Attachment 5 05-19-2014 Letter to F&M Bank Attachment 6 06-04-2014 Draw down Letter Attachment 7 Map of Current Development Attachment 8 GASB34 Form Resolution revised CIP Addendum TAB13 14-582 Request City Council to Introduce for First Reading Ordinance No. 1548 entitled “An Ordinance of the City Council of the City of Rialto, California, Amending Sections 11.04.230 and 11.04.240, Deleting Section 11.04.235, and Adding Section 11.04.245 to the Rialto Municipal Code Regarding Right-of-Way Dedications and Street Improvements.” (ACTION) Attachments: Draft Ordinance 8-4-14 TAB14 14-588 Request City Council to Approve a Second Amendment to the Professional Services Agreement with KOA Corporation in the amount of $14,000 for a Total Contract Amount of $187,160 for the Riverside Avenue / Linden Avenue Traffic Signal Installation Project, City Project No. 120802. (ACTION) Attachments: Attachment 1 - 12-11-12 City Council Report Attachment 2-8-13-13 City Council Report KOA PSA 2nd Amendment Notice of Determination - filed REPORTS MAYOR: City of Rialto Page 11 Printed on 8/7/2014 City Council Regular Meeting August 12, 2014 COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 12 Printed on 8/7/2014