City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, February 10, 2015 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO HOUSING AUTHORITY City Council Mayor Deborah Robertson Mayor Pro Tem Joe Baca Jr. Council Member Edward Palmer 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 February 10, 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. 1559 Next Resolution No.6697 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 15-071 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) Joseph Lozano v. City of Rialto U.S. District Court, Central District of CA.,Case No. ED CV 13-01636 GHK (SPx) (b) City of Rialto v. Chevron USA, Inc and related cross action S.B. Superior Court Case No. CIVDS1406197 City of Rialto Page 2 Printed on 2/5/2015 City Council Regular Meeting February 10, 2015 2 15-077 Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Council Member Ed Palmer INVOCATION-Pastor Vanessa Ortega, Iglesia Cristiana Emanuel City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 15-076 Presentation-Jersey Mike’s Subs-Reef Colman 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 (ACTION) 1. Waive reading in full, all ordinances considered at this meeting. B. APPROVAL OF WARRANT RESOLUTIONS B.1 15-068 Resolution No. 28 (01/30/15) Attachments: Warrant Resolution No. 28 B.2 15-067 Resolution No. 28A(01/27/15) Attachments: Warrant Resolution No.28A B.3 15-069 Resolution No. 29 (02/06/15) Attachments: Warrant Resolution No. 29 City of Rialto Page 3 Printed on 2/5/2015 City Council Regular Meeting February 10, 2015 C. APPROVAL OF MINUTES C.1 15-070 Regular City Council Meeting - January 27, 2015 Attachments: January 27, 2015 D. MISCELLANEOUS D.1 15-053 Request Rialto Housing Board to Adopt RHA Resolution No. 01-15 Approving the Fiscal Year 2013/14 Housing Activity Report for the Rialto Housing Authority. Attachments: Exhbit A - Resolution - Annual RHA Report D.2 15-054 Request City Council to Adopt Resolution No. 6691 Approving the Calendar Year 2013 and 2014 Housing Element Annual Reports. Attachments: Exhibit A - Housing Element Report CY13 Exhibit B - Housing Element Report CY14 Exhibit C - Resolution - Annual Report D.3 15-055 Request City Council to Ratify the Emergency Purchase of new Pool Heating System from KNORR Systems, Inc. for $19,590.15. Attachments: Pool Heating System Emergency Memo D.4 15-058 Request City Council to Approve Travel and Training request for Council Member Ed Scott to attend the National League of Cities Congressional City Conference in Washington, DC, March 7-11, 2015. Attachments: Travel Form - NLC 2015 - Ed Scott D.5 15-060 Request City Council to Award Contract Services Agreement to J & K Auto Body and Towing a California corporation in the amount of $30,000 for Fleet Collision and Auto Body Repair Services. Attachments: Attachment 1 Attachment 2 15-048 Vendor Bid List Attachment 3 Attachment 4 Attachment 5 - J & K Auto Body - Service Contract D.6 15-064 Request City Council to Approve a Professional Services Agreement with Daley Technology Systems for contract web design services in an amount not-to-exceed $45,000. Attachments: PSA - Daley technology Systems City of Rialto-SCOPE OF WORK-1-31-15 City of Rialto Page 4 Printed on 2/5/2015 City Council Regular Meeting February 10, 2015 D.7 15-073 Request City Council to Approve A Travel and Training Request for Utilities Commission Vice-Chair June D. Hayes to Attend the 2015 Water and Wastewater Equipment and Treatment and Transport Show from February 22, 2015 through February 26, 2015 in Indianapolis, Indiana. Attachments: Agenda item d-12 Education Sessions -WWETT Show June Hayes Travel Green TAB PUBLIC HEARING TAB1 15-066 Request City Council to Reopen the Continued Public Hearing to Approve Resolution No. 6687 to initiate the application process for Annexation No. 170 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. (ACTION) Attachments: Exhibit A 10-09-2014 Final_Lytle Creek Annexation Plan for Service and Fiscal Analysis.pdf Exhibit B Lytle Creek Ranch Proposed Land Use Plan .JPG Exhibit C LAFCO Island Annexation Letter.pdf Exhibit D Rialto island annexation map.pdf Exhibit E General Plan Consistency.doc Exhibt F Lytle response.doc Exhibit G Executed 2012 Lytle Creek DA Figure 2.3.pdf Figure 2.5.pdf Figure 3.7.pdf Figure 3.25 - 3.27.pdf Lytle LAFCO Intiation Filing CC Resolution.doc City of Rialto Page 5 Printed on 2/5/2015 City Council Regular Meeting February 10, 2015 TAB2 15-063 Request City Council to Conduct the Public Hearing to consider: (1) Adoption of Resolution No. 6692 Approving a Mitigated Negative Declaration (Environmental Assessment No. 12-23); (2) Approving Conditional Development Permit Nos. 712 and 720 for West Colton Rail Terminal, LLC (WCRT) and Kinder Morgan Energy Partners, L.P. (KMEP); and (3) introduce Ordinance No. 1557 “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” (ACTION) Attachments: Exhibit A Pipeline Map.JPG Exhibit B Final WCRT Ethanol PL IS-MND_July 2014.pdf Exhibit C MMRP_WCRT Ethanol PL.docx Exhibit D WCRT Ethanol Franchise Agreement.docx EXHIBIT E Pipeline checklist.pdf Exhibit F CC_Resolution_granting_CDP_for_pipeline_facilities.DOC TAB NEW BUSINESS TAB3 15-072 Request City Council to Confirm the Mayor’s Appointments of Council Members to Internal Committees. (ACTION) Attachments: Council Committees 2015 TAB4 15-062 Request City Council to Approve the Award of Bids (RFP#15-044) and Approve a Contract with Agility Integration Corp. for the Turn-Key Data Center Installation to Include the IT Network Infrastructure Upgrade in the Amount of $54,000. (ACTION) Attachments: 15-044 Datacenter Buildout- ABSTRACT Agility Integration - RFP #15-044 Datacenter Buildout - Revised 012315 City of Rialto Revised 15-044 - Revised Scope of Work - 1-26-15 Proposal and Contract - City of Rialto - 150 S Palm Ave. Rialto - Data Center Revised - 20150123023814 City of Rialto Page 6 Printed on 2/5/2015 City Council Regular Meeting February 10, 2015 TAB5 15-056 Request City Council to Authorize the Acceptance of the Board of State and Community Corrections, California Gang Reduction, Intervention and Prevention (CalGRIP) Program Grant Award, Adoption of Resolution No. 6690 to Appropriate Funding in the Amount of $1,404,000, Amend the FY14/15 Authorized Position List by Increasing the Number of Sworn Personnel by One Position and the Issuance of Purchase Orders for Needed Services for the Program. (ACTION) Attachments: Attachment A & B CalGRIP Contract Grant Standard Agreement Resolution Professional Service Agreement Project Budget Outline -Fiscal Management TAB6 15-061 Request City Council to Approve the Agreement Between the Rialto Unified School District and the City of Rialto in the Amount of $178,669 for Two Additional School Resource Officers and Adopt Resolution No. 6693 to Amend the FY14/15 Budget to Appropriate a net of $30,805 in the General Fund. (ACTION) Attachments: Memorandum of Understanding Resolution TAB7 15-057 Request City Council to Amend Provisions of Title 5, Chapter 5.42 "Official Police Tow Truck Services" of the Rialto Municipal Code. Introduce for First Reading Ordinance No. 1558, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING CHAPTER 5.42 OF THE RIALTO MUNICIPAL CODE REGARDING OFFICIAL POLICE TOW TRUCK SERVICES.” (ACTION) Attachments: Exhibit A Tow Franchise Ordinance Amendment City of Rialto Page 7 Printed on 2/5/2015 City Council Regular Meeting February 10, 2015 TAB8 14-883 Request City Council to Adopt Resolution No. 6678 Approving a Purchase and Sale Agreement by and between the City of Rialto and Fountainhead Shrugged, LLC for a 44,899 square foot parcel of land (APN 0127-031-15). (ACTION) Attachments: Exhibit A - Parcel - Site Maps.doc Exhibit B - Fully Executed LOI.pdf Exhibit C - Purchase Sale Agreement (Coffee Bean Tea Leaf) (rev 2-5-15).DOCX Exhibit D - Project Costs.doc Exhibit E - Resolution - Approving_Fountainhead_Coffee_Bean_Purchase_and_Sale_Agreement_Agreem TAB9 15-023 Request that City Council (1) Adopt Resolution No. 6694 Approving an Amended and Restated Construction Agreement by and between the City of Rialto and I-210 Logistics Center, LLC; (2) Authorize Purchase by Developer of Specified Storm Drain Pipe in an amount not to Exceed $2,600,000; and (3) Adopt Budget Resolution No. 6695 Revising and Increasing Appropriations for the Construction of Additional Public Improvements as defined (Project”). (ACTION) Attachments: Exhibit A - Project Segments.pdf Exhibit B - Agenda item 09.24.2013. tab 4.pdf Exhibit C - FINAL(v3FGRS) - Amended and restated Construction Reimbursement Agreement.doc Exhibit D Miro Way Storm Drain Pipe Inventory.pdf Exhbit E - Construction Cost Breakdown.pdf Exhibit F - City Resolution Approving the Amended and Restated Construction Agreement 210 Logisitics Exhbit G - Budget Reso Miro Way Project.doc TAB10 14-864 Request City Council to Approve an Agreement with San Bernardino Valley Municipal Water District for a Weather-Based Irrigation Control Program in the Amount of $56,539.40. (ACTION) Attachments: WBIC Weather Station and Audit Program Agreement City of Rialto (rev 111814) TAB11 15-029 Request City Council Approval to delegate authority to the City Administrator to approve and execute construction contract change orders up to $200,000 for a cumulative amount of $358,465 for the Pacific Electric Inland Empire Trail, City Project No. 080803, Federal Aid Project No. RPSTPLE 5205 (019). (ACTION) Attachments: Attachment 1- CCO No 1.0 Attachment 2 - Notice of Exemption-CEQA City of Rialto Page 8 Printed on 2/5/2015 City Council Regular Meeting February 10, 2015 TAB12 15-059 Request City Council to Award a Construction Contract to Downing Construction, Inc., a California corporation, in the amount of $667,291 for the Cedar Avenue Storm Drain Improvement Project, City Project No. 120801. (ACTION) Attachments: Attachment 1 SR Attachment 2 CP 120801 Bid Results Summary Attachment 3 Reference & License Check Attachment 4 Construction Contract Attachment 5 NOE TAB13 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. (ACTION) Attachments: Attachment 1- 10-14-14 Agenda Item Attachment 2 - Bid Summary Attachment 3 - Evaluation of Good Faith Effort Memo Attachment 4 -Bid Protest_Patriot Attachment 5- Bid Protest_Kasa Attachment 6 - Patriot and Kasa Bid Protest Evaluation Letters Attachment 7- Construction Contract Attachment 8 - NOD and Receipt Attachment 9 - NEPA Letter_FTA REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 9 Printed on 2/5/2015