City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, January 13, 2015 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 Ed Scott Barbara A. McGee City Clerk Edward Carrillo City Treasurer Fred Galante City Attorney Mike Story City Administrator City Council Regular Meeting January 13, 2015 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. 1557 Next Resolution No. 6687 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 1/8/2015 City Council Regular Meeting January 13, 2015 5:00 p.m. CLOSED SESSION 1 15-010 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 Colton v. American Promotional Events, Inc, et al CD Cal Case No. ED CV 09-01864 PSG(SSx) and consolidated cases (b) San Bernardino Valley Municipal Water District v. San Gabriel Valley Water d.b.a. Fontana Water Company, et al S.B. Superior Court Case No. CIVDS1311085 (c) City of Rialto v. Chevron USA, Inc and related cross action S.B. Superior Court Case No. CIVDS1406197 (d) Aaron Schulman v. City of Rialto WCAB CR-10-0500052 2 15-011 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: Fire Management Bargaining Unit 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Deborah Robertson INVOCATION-Pastor Moises Gonzalez, Templo Bautista Monte Calvario Church City Attorney’s Report on Closed Session City of Rialto Page 3 Printed on 1/8/2015 City Council Regular Meeting January 13, 2015 PRESENTATIONS AND PROCLAMATIONS 1 15-001 Presentation-Holiday Decorations Award Program-Diane Tolbert 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 (ACTION) B.1 15-002 Resolution No. 22 (12/12/14) Attachments: Warrant Resolution No. 22 B.2 15-003 Resolution No. 23 (12/19/14) Attachments: Warrant Resoluton No. 23 B.3 15-004 Resolution No. 24 (12/26/14) Attachments: Warrant Resoluton No. 24 B.4 15-012 Resolution No. 25 (01/09/15) Attachments: Warrant Resolution No. 25 C. APPROVAL OF MINUTES C.1 15-005 Regular City Council Meeting - December 09, 2014 Attachments: December 9, 2014 D. SET PUBLIC HEARING City of Rialto Page 4 Printed on 1/8/2015 City Council Regular Meeting January 13, 2015 D.1 14-927 Request City Council to Set a Public Hearing for January 27, 2014 to consider Annexation No. 170 and initiate the annexation application process with the San Bernardino County Local Agency Formation Commission (LAFCO) to annex Lytle Creek Ranch Specific Plan Neighborhoods 2 and 3 from the Rialto sphere of influence in unincorporated San Bernardino County to the City of Rialto. Attachments: 10-09-2014 Lytle Creek Annexation Plan for Service_SRHA .pdf Lytle Creek Ranch Proposed Land Use Plan .JPG General Plan Consistency.doc D.2 14-930 Request City Council to Set a Public Hearing for January 27, 2015 to review an Addendum to the Renaissance Specific Plan Environmental Impact Report for the construction of a 1,070,320 square foot distribution center located at the northwest corner of Locust Avenue and Miro Way for Medline Incorporated. Attachments: Exhibit A - Location Map.pdf Exhibit B - Site Plan.pdf Exhibit C - Medline EIR Addendum_010815.pdf D.3 14-933 Request City Council to Set a Public Hearing for January 27, 2015 to review an Addendum to the Renaissance Specific Plan Environmental Impact Report for the construction of a 594,220 square foot distribution center located at the northeast corner of Alder Avenue and Miro Way for Niagara Bottling LLC. Attachments: TPM 19602 - Location Map.doc 14124-Site Plan 010815.pdf 2015 01 08 - Niagara EIR Addendum-w-out Appendices.pdf City of Rialto Page 5 Printed on 1/8/2015 City Council Regular Meeting January 13, 2015 D.4 14-929 Request City Council to Set a Public Hearing for February 10, 2015 to consider an Ordinance of the City Council of the City of Rialto, California, Granting to West Colton Rail Terminal LLC, the Nonexclusive Right, Privilege, Authority, and Franchise to Lay and Use Pipelines and Appurtenances for Transmitting and Distributing Ethanol for any and all Lawful Purposes under and along the Public Streets, Ways, Alleys And Places, as the same now or may hereafter exist, within said City; adopt a Mitigated Negative Declaration (Environmental Assessment No. 12-23); and approve Conditional Development Permit Nos. 712 and 720 for West Colton Rail Terminal. LLC (WCRT) and Kinder Morgan Energy Partners, L.P. (KMEP) to construct approximately 1,600 linear feet of underground pipeline connecting to an existing 1,900 linear foot pipeline; and pump ethanol from the WCRT Facility located at 1910 S. Sycamore Avenue to the KMEP Colton North Terminal (CNT) located at 2051 E. Slover Avenue and the KMEP Colton South Terminal (CST) located at 2359 S. Riverside Avenue. Attachments: Exhibit A Pipeline Location Exhibit B Pipeline Checklist Exhibit C MMRP for WCRT Ethanol Facility 7.23.14 Exhibit D Ethanol Franchise Agreement DOC 173017 v1 E. MISCELLANEOUS E.1 14-903 Request City Council to Accept the Enhanced Vapor Recovery System Improvements, City Project No. 140213. Attachments: Notice of Exemption NOC EVR 1-5-2015 E.2 14-901 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for November 2014. Attachments: Exhibit A Airport Escrow Statement of Income and Expense Exhibit B CalTrust 11 2014 Statement Exhibit C 1st Am Trust 11302014 E.3 14-905 Request City Council to Award a Construction Contract to Pavement Recycling Systems, Inc., a California corporation, in the amount of $37,815.14 for removal of the runway markings at the Rialto Municipal Airport. Attachments: Attachment 1 - Runway Marking Locations Attachment 2 - RFB 15-042 Airport Runway Markings Removal- ABSTRACT Attachment 3 - Construction Contract - Runway Markings Removal Attachment 4 - Notice of Exemption Signed City of Rialto Page 6 Printed on 1/8/2015 City Council Regular Meeting January 13, 2015 E.4 14-906 Request City Council to Approve Revisions to the Contractor Agreement between City of Rialto and Dr. Michael M. Neeki for Medical Director Administrative Services and fees for services not to exceed $ 32,500 over a two-year period. Attachments: Professional Services Agreement Neeki 2014 12-16-14 E.5 14-907 Request City Council to Increase Purchase Order #2014-0632 by $15,000 for a total of $30,000 with Liebert, Cassidy, and Whitmore to Complete the Update to the First Draft of the Citywide Personnel Rules and Regulations. E.6 14-932 Request City Council to Adopt Resolution No. 6680 Dedicating Portions of that City-Owned Property Located Within the Renaissance Specific Plan as Public Right-of-Way for Locust Avenue. Attachments: Exhibit A - Medline Site Plan.pdf Exhibit B - Resolution 6611 Recorded.pdf Exhibit C Map of Locust Avenue Exhibit D - City Resolution Accepting Locust into City Street System (00024010).doc E.7 14-917 Request City Council to Approve a Purchase Order with PRO MAXIMA for nine VIPER SERIES Commercial Treadmills in the Amount of $21,335.40 for Replacement of Old Equipment at the Rialto Racquet and Fitness Center. Attachments: ABSTRACT OF BIDS - TREADMILLS.pdf E.8 14-919 Request City Council to Adopt Resolution No. 6681 for the Placement of Liens Against Abandoned Properties for Failure to Comply with Administrative Citation to Correct Code Violations. Attachments: Exhibit A - Property Log Exhibit B - Citation and Letter. Exhibit C - Resolution E.9 14-923 Request City Council to Approve a Travel and Training Request for IVS SWAT Officer Mark Render to attend the Tactical Explosive Breaching Course, April 20 through May 1, 2015. Attachments: Tactical Explosive Breaching Training 2015 Explosive Breachers curriculum outline.rtf Lodging Rate City of Rialto Page 7 Printed on 1/8/2015 City Council Regular Meeting January 13, 2015 E.10 14-925 Request City Council to Approve a Travel and Training Request for Mayor Deborah Robertson, Mayor Pro Tem Ed Palmer, Council Member Joe Baca, Jr., and Council Member Ed Scott to attend the ICSC RECon Convention, May 17 - 20, 2015, in Las Vegas. Attachments: Travel Form - Mayor - ICSC RECon 2015 Travel Form - Ed Palmer - ICSC RECon 2015 Travel Form - Ed Scott - ICSC RECon 2015 Travel Form - Joe Baca Jr - ICSC RECon 2015 E.11 14-928 Request that the Rialto Utility Authority Approve the Fourth Extension of Termination Date for the Site Use Agreement by and between the Rialto Utility Authority and Rialto Bioenergy Facility LLC. Attachments: Exhibit A Executed Site Use Agreement Exhibit B First Extension of Site Use Agreement Exhibit C Second Extension of Site Use Agreement Exhibit D Fully Executed Third Extension to Site Use Agreement Exhibit E Fourth Extension of Site Use Agreement E.12 14-940 Request City Council Approve a Disposition Of Surplus Property Agreement Between the City Of Rialto and Cable Airport. Attachments: Exhibit A City Council Resolution 6526 Exhibit B Cable letter Exhibit C 130704 Bid Results Exhibit D Hangar_relocation_agreement_-_Cable_Airport E.13 14-852 Request City Council to Approve the Assignment and Assumption of Contract by and between LEIDOS Engineering, LLC and West Yost Associates. Attachments: Attachment 1 - Assignment Agreement E.14 14-879 Request City Council to Approve an Exchange Agreement by and Between the City of Rialto and Inland Empire ARLH, LLC. Attachments: Deed - 1450 N Fitzgerald.pdf Exhibit B - Maps of Exchange Areas.pdf Exhibit C - Copy of Recorded Grant Deed (City Parcel).pdf Exhibit D - Exchange Agreement.pdf Exhibit E - LHR Consent.pdf City of Rialto Page 8 Printed on 1/8/2015 City Council Regular Meeting January 13, 2015 E.15 14-908 Request City Council to Approve Amendment #1 between the City of Rialto and the Rialto Fire Management Association (RFMA) for changes to the current Memorandum of Understanding (MOU) dated July 1, 2013 through June 30, 2015, adding changes related to the addition of the Fire Division Chief position. Attachments: RFMA MOU 2014 Amendment #1 E.16 14-911 Request for City Council to Approve Cooperative Agreement No. 15-1001131 with the San Bernardino County Transportation Commission related to the Rialto Metrolink Station Accessibility Improvement Project. Attachments: COOP Agreement No 15-1001131 TAB NEW BUSINESS TAB1 14-882 Request Mayor and City Council to Appoint a Mayor Pro Tem per requirements of the California Government Code. (ACTION) TAB PUBLIC HEARING TAB2 14-935 Request City Council to Conduct a Public Hearing and Adopt Resolution No. 6682 Approving the Vacation of Existing Right-of-Way for Laurel Avenue, north of Miro Way and south of Walnut Avenue. (ACTION) Attachments: Exhibit A - LHR Vacation Request.pdf Exhibit B - PC Reso 14-43.pdf Exhibit C - Notice of Public Hearing..doc Exhibit D - GP and RSP - Land Use Circulation Maps.pdf Exhibit E - CC Resolution - Approving Vacation of a Portion of Laurel Avenue(v2).DOC TAB NEW BUSINESS TAB3 14-922 Request City Council to Approve the Board and Committee Assignments for City Council Members. (ACTION) Attachments: Council Committees 2015 TAB4 14-921 Request City Council to Approve and Award the Contract to Braun Northwest in the amount of $128,253 to Refurbish One Ambulance. (ACTION) Attachments: Attachment 1 - Ambulance Refurbishment Staff Report 9-13 Attachment 2 - Ambulance Refurbishment Bid 9-13 Braun Letter City of Rialto Page 9 Printed on 1/8/2015 City Council Regular Meeting January 13, 2015 TAB5 14-860 Request the City Council of the City of Rialto Adopt Resolution No. 6683 and the City Council, acting as the Governing Board for the Successor Agency, Adopt Resolution No. SA1-15 to approve the Bond Proceeds Expenditure Agreement between the City of Rialto and the Successor Agency to fund a total of $8,289,617 for the Ayala Drive Improvement Project, the Riverside/San Bernardino Street Improvement Project, and the Foothill Boulevard Traffic Signal Project. (ACTION) Attachments: Exhibit A - DOF ROPS Determination Letter Exhibit B - Bond_Proceeds_Expenditure_Agreement Exhibit C - RSA Resolution Exhibit D - City Resolution TAB6 14-913 Request City Council to Award a Construction Contract to Matich Corporation, a California Corporation, in the amount of $1,806,780.44 for the 2013/14 & 2014/15 Annual Street Overlay Project, City Project No. 140803 & 150801. (ACTION) Attachments: Attachment 1-Bid Summary Attachment 2-Construction Contract Attachment 3-Notice of Exemption TAB7 14-914 Request City Council to award a Construction Contract to Southwest Construction Co., Inc., in the amount of $1,300,823.84 for the Metrolink Parking Lot Expansion Project, City Project No. 120808. Attachments: Attachment 1- 10-14-14 Agenda Item Attachment 2 - Bid Summary Attachment 3 - Metrolink Exhibit 9-E GFE Attachment 4 - Contract Attachment 5 - NOD and Receipt Attachment 6 - NEPA Letter_FTA TAB8 14-936 Request City Council to Award a Construction Contract to Pantano Excavating, Inc., dba Pantano Demolition in the amount of $98,700 for the Rialto Airport Demolition - Phase 1, City Project No. 130704. (ACTION) Attachments: Attachment 1- Bid Abstract Attachment 2- Contract City of Rialto Page 10 Printed on 1/8/2015 City Council Regular Meeting January 13, 2015 TAB9 14-926 Request City Council to Award a Construction Contract to Carvajal Trucking & Tractor, Inc., in the amount of $65,788.00 for the 2014/15 Annual Curb, Gutter and Sidewalk Improvement Project, City Project No. 150803. (ACTION) Attachments: 1) Locations 2) CP 150803 Bid Results 3) Construction Contract 4) Notice of Exemption TAB10 14-896 Request City Council to Adopt Budget Resolution No. 6679 and Approve the Third Amendment to the Contract Services Agreement with Contact Security, Inc., a California Corporation, an increase of $27,385.40 for Security Guard and Patrol Services at the Rialto Airport and the Community Center, for a Fiscal Year 2014/2015 Total Cost of $373,769.20. (ACTION) Attachments: Budget Resolution 12-16-2014 v2 Attachment 1 - CSA Attachment 2 - Amendment No 1 Attachment 3 - Amendment No 2 Attachment 4 - Proposed Amendment No 3 12-4-2014 TAB11 14-912 Request City Council to Adopt Budget Resolution No. 6684 approving an Increase to the Purchase Order to Lockwood Engineering in the amount of $300,000 for a Total Contract Authorization of $650,000 for “On-Call” Civil Engineering Plan Check and Related Services. (ACTION) Attachments: 1) May 14, 2013 Agenda Item 2) January 14, 2014 Agenda Item 3) May 27, 2014 Agenda Item 4) Plan Checking Fee Analysis Resolution City of Rialto Page 11 Printed on 1/8/2015 City Council Regular Meeting January 13, 2015 TAB12 15-013 Request that City Council Adopt Resolution No. 6685: A Resolution of the City Council of the City of Rialto, California, establishing the amount of the business license tax on wholesale liquid fuel storage facilities pursuant to Ordinance No. 1556 and approve Budget Resolution No. 6686. (ACTION) Attachments: Exhibit A - Ordinance 1556.pdf Exhibit B - Resolution 6685.doc Exhibit C - Tank Farm Aerial sites.jpg Exhibit D - Budget Resolution 6686.doc REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 12 Printed on 1/8/2015