City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, March 24, 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 24, 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.1560 Next Resolution No. 6717 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 15-184 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. Claimant: Golden Phoenix Construction Co., dba Golden Phoenix Electric. City of Rialto Page 2 Printed on 3/23/2015 City Council Regular Meeting March 24, 2015 2 15-185 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) Contreras v. City of Rialto SB Superior Court Case No. CIVDS1306523 (c) Maria Gallardo v. City of Rialto and Juan Carlos Virgen; Sedgwick Claims Management Services, Inc. for Kaiser Foundation Health Plan as Real Party in Interest v. City of Rialto and Juan Carlos Virgen SB Superior Court Case No. CIVDS1402626 (Consolidated with Lead Case CIVDS1401412) 3 15-200 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: Property: APN# 0132-012-07 1605 South Riverside Avenue City Negotiator: Robb R. Steel-Asst. CA/Development Svs. Dir. Kim Bibolet, EPIC Land Solutions, Inc. Negotiating Parties: Opine Rialto LLC Under Negotiation: Price and terms-Acquisition of ROW 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Council Member Ed Scott INVOCATION-Pastor Rich Whited, Calvary Chapel City of Rialto Page 3 Printed on 3/23/2015 City Council Regular Meeting March 24, 2015 City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 15-196 Proclamation-DMV/Donate Life California Month Mayor Deborah Robertson 2 15-197 Certificate of Recognition-Don Griggs-Mayor Deborah Robertson 3 15-198 Certificate of Recognition-Airport Perimeter Clean-Up Event Mayor Pro Tem Joe Baca Jr. 4 15-199 Presentation-People to People-Nine Day Tour to Cuba’s Colonial Cities and Havana and Sister Cities Information-City Clerk Barbara McGee Attachments: Sister Cities 5 15-191 Introduction of New Police Officers-Police Chief Tony Farrar 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 15-186 Resolution No. 34 (03/13/15) Attachments: Warrant Resolution No. 34 B.2 15-187 Resolution No. 35 (03/20/15) Attachments: Warrant Resolution No. 35 B.3 15-203 Resolution No. 35A(03/20/15) Attachments: Warrant Resolution No. 35A C. APPROVAL OF MINUTES City of Rialto Page 4 Printed on 3/23/2015 City Council Regular Meeting March 24, 2015 C.1 15-189 Regular City Council Meeting - March 10, 2015 Attachments: March 10, 2015 D. SET PUBLIC HEARING D.1 15-165 Request City Council to set a Public Hearing for April 28, 2015, to Consider Adoption of a Resolution Ordering the Abatement of Weeds on Various Properties within the City limits, and to hear any Objections to Imposing the Abatement Cost Therefore as a Lien Against Parcels of Property Set Forth in Exhibit A. Attachments: Exhibit A D.2 15-194 Request City Council to Adopt Resolution No. 6709 Rescinding and Replacing Resolution No. 6697 Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting District No. 2 and Conduct a Property Owner Protest Ballot Proceeding On The Matter of the New Assessments Related Thereto Commencing with Fiscal Year 2015/2016; and to Request City Council to Set a Public Hearing for May 12, 2015 to Conduct a Property Owner Protest Ballot Proceeding. Attachments: Attachment 1 Resolution 6697 May 122015 revised E. MISCELLANEOUS E.1 15-154 Request City Council to Approve a purchase order with G/M Business Interiors in the amount of $23,213.95 for the purchase of workstations and office furniture for the Rialto Police Department’s Detectives Unit. Attachments: Attachment 1 Quote E.2 15-155 Request City Council to Approve a One Year Narcotics Enforcement Agreement Between Rialto Police Department and California Department of Corrections/Division of Adult Parole Operations Which Assigns a Parole Agent to the Rialto Police Department Attachments: MULTI-ENFORCEMENT TEAM TASK FORCE MOU E.3 15-166 Request City Council to Approve payment to San Bernardino County Registrar of Voters in the amount of $38,066 for election services in the 2014 General Municipal Election. Attachments: Elections Office of the Registrar of Voters Invoice City of Rialto Page 5 Printed on 3/23/2015 City Council Regular Meeting March 24, 2015 E.4 15-170 Request City Council to Approve a Travel and Training Request for City Clerk Barbara A. McGee to attend the 2015 Annual International Institute of Municipal Clerks (IIMC) Conference, May 17- May 20. Attachments: TRAVELGREENFORM.iimc E.5 15-160 Request City Council, Acting for the Successor Agency, to Adopt Budget Resolution No. 6710 Correcting the Account Number for the Fund Allocation from the 2005 Series A Tax Allocation Bond Issue for the Riverside/San Bernardino Street Improvement Project. Attachments: Exhibit A - Resolution No. 6643 Exhibit B - Budget Resolution E.6 15-162 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for February 2015. Attachments: Exhibit A Airport Escrow Statement of Income and Expense Exhibit B CalTrust Airport Feb 2015 Exhibit C 1 ST AMERICAN TRUST 2282015 E.7 15-174 Request City Council to Adopt Resolution No. 6711 Authorizing the Destruction of Certain Municipal Records of the Police Department. Attachments: Desctruction Resolution E.8 15-180 Request City Council to Approve a Travel and Training Request for Planning Commissioners Artist Gilbert and Dale Estvander to attend the ICSC RECon Convention, May 17 - 20, 2015, in Las Vegas. Attachments: Travel Form - Artist Gilbert Travel Form - Frank Gonzalez E.9 15-181 Request City Council Authorization to Issue Notice of Intent to Exercise Lease Extension for property located at 521 W. Rialto Avenue Unit #B, Rialto, California. Attachments: Exhibit A - Extracted pages Tab 3( 04.27.2010) Exhibit B - Executed Lease Agreement Exhibit C - Notice to Extend Lease (Option 1) E.10 15-182 Request the City Council to Approve a contract with LDM and Associates (LDM) for temporary staffing services to fill the Interim Finance Manager position for an amount not-to-exceed $18,000. Attachments: Form Blank - PSA LDM Onyx Jones Rialto - Proposal for Financial Staffing Services City of Rialto Page 6 Printed on 3/23/2015 City Council Regular Meeting March 24, 2015 E.11 15-183 Request the City Council to Approve the Purchase Order and Service Contract with Kronos for Payroll Timekeeping Equipment and Software in the amount of $26,721.05. Attachments: Kronos Quote E.12 15-153 Request City Council to Grant a Second Extension to the Current Franchise Agreements for Official Police Towing Services with Pepe’s Tow Service and J&K Auto Body and Towing on a “Month to Month” Basis for a Period of up to Six Months. Attachments: 2nd AMENDMENT - J & K 2nd AMENDMENT - Pepe's E.13 15-202 Request Rialto Utility Authority to Approve the Fifth Extension of Termination Date for the Site Use Agreement by and between the Rialto Utility Authority and Rialto Bioenergy Facility LLC. Attachments: Exhibit A Fifth Extension of Site Use Agreement TAB PUBLIC HEARING TAB1 15-190 Request City Council to Conduct a Public Hearing to Introduce proposed Ordinance No. 1559 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING CHAPTER 5.20 (FIREWORKS) RELATING TO FIREWORKS DISCHARGE RESTRICITIONS IMPOSING STRICT LIABILITY ON PROPERTY OWNERS OR PERSONS IN CONTROL OF PROPERTY, reading the Ordinance by title only and waiving further reading thereof. (ACTION) Attachments: Fireworks Liability Ordiance TAB NEW BUSINESS TAB2 15-188 Request the City Council to Approve the formula and distribution of a total of $500,000 in One-time Compensation to all Full-Time employees with City service of one-year or more, excluding the City Administrator and members of CGMA. (ACTION) TAB3 15-163 Request City Council (1) Adopt Resolution No. 6712 Rescinding Resolution No. 6694 and Approving a Construction Agreement by and between the City of Rialto and Lewis-Hillwood Rialto Company, LLC. (ACTION) Attachments: Exhibit A - Project Segments Exhibit B DOCSOC-#1700675-v2-Construction_Reimbursement_Agreement Exhbit C - Construction Cost Breakdown Exibit D - City Resolution Approving the Construction Agreement with LHR for Miro Way (3.19.2015 v) City of Rialto Page 7 Printed on 3/23/2015 City Council Regular Meeting March 24, 2015 TAB4 15-169 Request City Council to Award a Construction Contract with West-Tech Contracting, Inc. in the amount of $894,252.47 for the Rialto Airport Demolition - Phase 2, City Project No. 130704. (ACTION) Attachments: Attachment 1 - RFB 15-050 CP 130704 Complete Specifications Attachment 2 - 130704 Bid Results Attachment 3 - Construction Contract Attachment 4 - Willdan CM & Inspection Proposal Attachment 5 - NOD TAB5 15-173 Request City Council to (1) Accept a Rubberized Pavement Grant from the Department of Resources Recycling and Recovery (CalRecycle) in an amount up to $233,058.00 for resurfacing City roadways, and (2) Adopt Budget Resolution No. 6713. (ACTION) Attachments: Notice of RAC Grant Award List of Award Budget Resolution Agreement TRP5-14-110 - City of Rialto TAB6 15-177 Request City Council to Approve Construction Contract Change Order No. 1 to Matich Corporation, a California Corporation, in the amount of $665,219.56 for the 2013/14 & 2014/15 Annual Street Overlay Project, City Project No. 140803 & 150801. (ACTION) Attachments: Attachment 1 CP 140803 & 150801 Bid Results Attachment 2 - Proposed CO1 Attachment 3 - Notice of Exemption TAB7 15-161 Request Rialto Housing Authority to Approve Resolution No. 02-15 to Select a Joint Entity of National Community Renaissance, Related California, Young Homes and LaBarge Industries to Develop an Affordable Housing Project in the Downtown Area. (ACTION) Attachments: Exhibit A - RFQ Affordable Housing Program RHA approved on 10-14-14 Exhibit B - NRYL's RFQ Response Exhibit C - Proposed Projects Exhibit D - Resolution City of Rialto Page 8 Printed on 3/23/2015 City Council Regular Meeting March 24, 2015 TAB8 15-164 Request City Council to (1) Adopt Resolution No. 6714 Approving a Construction and Credit Agreement by and between the City of Rialto and CLDFI Linden LLC (Cap-Rock) in the amount of $509,685, and (2) Adopt Budget Resolution No. 6715. (ACTION) Attachments: Exhibit A - Location and Site Maps Exhibit B - PPD 2290 Exhibit C - NOD PPD 2290 Exhibit D - Prepaid Fees Exhibit E - Traffic Fee Deferral Exhibit F - Construction and Credit Agreement for CapRock I Revised 3.09.15 Exhibit G - Resolution Approving a Construction and Credit Agreement with CapRock Exhibit H - Budget Resolution TAB9 15-109 Request City Council to Approve the investment swap of the investment described as the FFCB 2023, a 10 year bond, in the City of Rialto General Fund Reserve, for a 5 year 9 month corporate bond maturing in 2021 for $245,575 in interest income. (ACTION) Attachments: D.A. Davidson 102813 ltr TAB10 15-114 Request City Council to Approve the investment described as the $ 5M Chevron Corporate Bond, in the City of Rialto General Fund, a 5 year 4 month corporate bond maturing 2020 for $500,825 in interest income. (ACTION) TAB11 15-171 Request the Council to Approve the MS4 NPDES Joint Defense Agreement between the City, the County of San Bernardino as Principal Permitee, the fifteen area cities as Co-Permitees and Squire Patton and Boggs as Counsel to the NPDES Program. (ACTION) Attachments: Attachment 1 City of Rialto Page 9 Printed on 3/23/2015 City Council Regular Meeting March 24, 2015 TAB12 15-195 Request City Council Adopt Resolution No. 6716 Approving the Settlement Agreement in the matter of San Bernardino Flood Control District vs. State of California Ex Rel Department of Transportation (Caltrans) San Bernardino Association of Governments and San Bernardino County Transportation Authority (SANBAG) and City of Rialto and related cross complaint; and Budget Resolution No. 6717 Appropriating $5,500,00 in funds required to be paid per the Settlement Agreement. (ACTION) Attachments: Resolution Approving SB Flood Control District Settlement Agreement Budget Resolution Approving SB Flood Control District Settlement Agreement and Exhibits REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 10 Printed on 3/23/2015