City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, March 10, 2015 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 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 March 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. 6710 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 City of Rialto Page 2 Printed on 3/5/2015 City Council Regular Meeting March 10, 2015 1 15-141 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 County Flood Control Dist. V. State of California ex rel Dept. of Transportation, SANBAG, City of Rialto and related cross complaint S.D. Superior Court Case No. 37-2009-00082535-CU (b) City of Rialto v. Chevron USA, Inc. and related cross action S.B. Superior Court Case No. CIVDS1406197 (c) 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 2 15-148 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: (a)Subject: Price and Terms - Acquisition of Real Property Location: Alder Avenue, South of Renaissance Parkway A portion of APN#0240-191-15, 16, 30 and 31 Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Rosemead Properties (b)Subject: Price and Terms - Acquisition of Real Property Location: Alder Avenue, South of Renaissance Parkway A portion of APN#0240-201-32 and 35 Negotiators: Robb R. Steel, Asst.CA/Development Svs. Dir. Sandra Marie Larsen, Trustee 6:00 p.m. Called to Order By: City of Rialto Page 3 Printed on 3/5/2015 City Council Regular Meeting March 10, 2015 ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Pro Tem Joe Baca Jr. INVOCATION-Pastor Mario Cañedo, Calvary Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 15-142 Presentation-Open House Event: Poster Contest-Rick Smith Vice President, Veolia/Rialto Water Services Attachments: Council Letter - EDU and COM Event 2 15-149 Presentation-Update on Rialto Jazz Festival-George N. Harris II Director of Administrative and Community Services 3 15-151 Presentation-Fire Success Story: Saving Starbucks-Mat Fratus Fire Chief 4 15-150 Introduction of new Public Works Director/City Engineer: Robert Eisenbeisz- Mike Story, City Administrator 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 15-139 Resolution No. 32 (02/27/15) Attachments: Warrant Resolution No. 32 B.2 15-140 Resolution No. 33 (03/06/15) Attachments: Warrant Resolution No. 33 City of Rialto Page 4 Printed on 3/5/2015 City Council Regular Meeting March 10, 2015 B.3 15-152 Resolution No. 33A(03/06/15) Attachments: Warrant Resolution No. 33A C. APPROVAL OF MINUTES C.1 15-143 Regular City Council Meeting - February 24, 2015 Attachments: February 24 2015 D. SET PUBLIC HEARING D.1 15-120 Request City Council to Set a Public Hearing for March 24, 2015, to Consider Adopting an Ordinance Amending Chapter 5.20 of the Rialto Municipal Code Imposing Strict Liability on Property Owners or Persons in Control of Property who Violate Fireworks Possession or Discharge Restrictions. Attachments: Fireworks Liability Ordiance E. MISCELLANEOUS E.1 15-027 Request City Council to Adopt Resolution No. 6702 Approving Parcel Map 19472 for a Two (2) Parcel Subdivision Located on the East Side of Pepper Avenue and the North Side of Foothill Boulevard and a Subdivision Improvement Agreement. Attachments: 10-9-13 Planning Commission Report Parcel Map 19472 Resolution PM19472-SIA E.2 15-117 Request City Council to Authorize the Release of Request for Proposals No. 15-055 for “On-Call” Inspection Services Associated with Private Land Development Projects. Attachments: RFP 15-055 On Call Inspection Services Associated with Private Land Development E.3 15-123 Request City Council to Approve the Contract Documents and Authorize the Release of Request for Bids No. 15-059 for the Pool Deck Resurfacing Project, City Project No. 150202. Attachments: Notice of Exemption City of Rialto Page 5 Printed on 3/5/2015 City Council Regular Meeting March 10, 2015 E.4 15-124 Request City Council to Accept the Community Center Rehabilitation Phase 3 Project, City Project No. CB1301, Authorize the Filing of a Notice of Completion, and Release of Final Retention Payment to Avi-Con, Inc. Attachments: Notice of Exemption GASB34 Community Center Rehab Phase 3 Improvement (2-26-2015) Notice of Completion E.5 15-135 Request City Council to Approve a Purchase Order with KMBS in the amount of $41,057 to upgrade the OnBase Enterprise Content Management System. Attachments: OnBase Upgrade Quote E.6 15-125 Request City Council to Cancel the 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 - Agenda item e-3 TAB PUBLIC HEARING TAB1 15-122 Request City Council to Conduct a Public Hearing to Consider Resolution No. 6703 Authorizing the Adoption of the 2015 Upper Santa Ana River Watershed Integrated Regional Water Management Plan. (ACTION) Attachments: Attachment 1 (02) Executive Summary (Final)-2 Final IRWM Plan Complete IRWMP Update 2015 2-17-15 Rialto Resolution TAB2 15-131 Request City Council to Continue the Public Hearing to March 24, 2015 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) TAB NEW BUSINESS City of Rialto Page 6 Printed on 3/5/2015 City Council Regular Meeting March 10, 2015 TAB3 15-128 Request City Council to Accept Fiscal Year 2013/2014 Audit Results and Receive and File the Fiscal Year 2013/14 Annual Financial Statements and Related Documents and to Approve the Establishment of Fund 821 Other Post-Employment Benefits (OPEB) Trust Fund. (ACTION) Attachments: City of Rialto - PDF Final 2014 ACL City of Rialto - PDF Final 2014 Annual Financial Report City of Rialto - PDF Final 2014 GANN Report City of Rialto - PDF Final 2014 GAS Letter City of Rialto - PDF Final 2014 Management Letter City of Rialto - PDF Final 2014 UUT Compliance Report City of Rialto Single Audit - PDF Final 2014 SA FS Rialto Corr Action Plan Rialto Presentaion TAB4 15-136 Request City Council to Adopt Resolution No. 6704 to Budget Anticipated Land Sales Proceeds in the amount of $14,510,568 from the Sale of Airport Property and to Budget Contracted Distributions in the amount of $4,153,664 for Fiscal Year 2014/15. (ACTION) Attachments: Exhibit A - Budget Resolution for Airport Budget TAB5 15-137 Request City Council to (1) Adopt Resolution No. 6705 Approving Construction and Credit Agreement by and between the City of Rialto and Lewis-Hillwood Rialto Company, LLC and (2) Adopt Budget Resolution No. 6706 Appropriating Funding for the Construction and Credit Agreement related to the Niagara Project. (ACTION) Attachments: Exhibit A Niagara Construction and Credit Agreement Exhibit B - Niagara - Cost Estimate for Fee Credits 2 26 2015 Exhibit C - Reso - Approving a Construction and Credit Agreement with LHR- Niagara Exhibit D - Budget Resolution City of Rialto Page 7 Printed on 3/5/2015 City Council Regular Meeting March 10, 2015 TAB6 15-132 Request City Council to (1) Adopt Resolution No. 6707 Approving Construction and Credit Agreement by and between the City of Rialto and Lewis-Hillwood Rialto Company, LLC and (2) Adopt Budget Resolution No. 6708 Appropriating Funding for the Construction and Credit Agreement related to the Medline Project. (ACTION) Attachments: Exhibit A - Medline Construction and Credit Agreement REV 3.0 Exhibit B - Construction Credit Worksheets (3.2.15) Exhibit C - City Resolution Approving a Construction and Credit Agreement with LHR Exhibit D - Budget Resolution TAB7 15-144 Request City Council, City of Rialto, Acting as Successor Agency to the Redevelopment Agency to Adopt Resolution No. SA5-15 to pursue a refunding of the 2005 Series A, B and C Tax Allocation Bonds, approving professionals and certain actions related thereto. (ACTION) Attachments: 2005ABC Resolution - 2005ABC Successor Agency approval to proceed and consulting team 3.10.2015 Exhhibits A thru E 3-10-2015 Council agenda TAB8 15-121 Request City Council to Award a Construction Contract to Tafoya & Associates, a California Corporation, in the amount of $59,951 for Removal of Three Underground Storage Tanks at the Rialto Municipal Airport. (ACTION) Attachments: Removal Procedures Attachment 2 - 15-047 Vendor Bid List Attachment 3 - RFP 15-047 Airport Underground Storage Tank Removal Project- ABSTRACT Attachment 4 - Construction Contract REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 8 Printed on 3/5/2015