City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, April 28, 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 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 April 28, 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. 6727 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 4/23/2015 City Council Regular Meeting April 28, 2015 1 15-273 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) Jennifer Krutak v. City of Rialto WCAB CR-09-0500018 (b) James Bruce v. City of Rialto WCAB CR-10-0000003, CR-10-0500026 & CR-80-005001 (c) City of Colton v. American Promotional Events, Inc, et al CD Cal Case No. ED CV 09-01864 PSG(SSx) and consolidated cases 2 15-288 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. 3 15-279 Conference with Legal Counsel - The City Council will discuss the following employee performance evaluation pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Pro Tem Joe Baca Jr. INVOCATION-Pastor Bratton, Greater Faith Grace Bible Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 15-283 Certificate of Appreciation-Cable Commissioner Erlinda Patterson Council Member Ed Palmer 2 15-275 Presentation- Baker to Vegas Relay Race-Police Chief Tony Farrar ORAL COMMUNICATIONS City of Rialto Page 3 Printed on 4/23/2015 City Council Regular Meeting April 28, 2015 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 15-270 Resolution No. 39 (04/17/15) Attachments: Warrant Resolution No. 39 B.2 15-284 Resolution No. 39A (04/17/15) Attachments: Warrant Resolution No. 39A B.3 15-271 Resolution No. 40 (04/24/15) Attachments: Warrant Resolution No. 40 C. APPROVAL OF MINUTES C.1 15-272 Regular City Council Meeting - April 14, 2015 Attachments: April 14, 2015 D. SET PUBLIC HEARING D.1 15-260 Request City Council to Set a Public Hearing for May 12, 2015 to Consider and Approve the City’s Five Year Consolidated Plan (2015-2019), Annual Action Plan (2015-2016) and Citizen Participation Plan (2015-2019) Attachments: Exhibit A - 2014-2015 Budget FINAL Draft Exhibit B - Public Service-Recommended funding Exhibit C - Capital Projects -Recommended Funding Exhibit D - Administration -Approved Funding Exhibit E - Rialto 2015-19 Consolidated Plan, Action Plan, CPP Draft Merged Exhibit F - Rialto DRAFT - ConPlanNotPH-Final English - Final 1 Exhibit F - Rialto DRAFT ConPlanNotPH-Final Spanish Final 1 City of Rialto Page 4 Printed on 4/23/2015 City Council Regular Meeting April 28, 2015 D.2 15-263 Request City Council to Set a Public Hearing for May 12, 2015, for Introduction and First Reading of Ordinance No. _____ Amending Sections 12.20.021, 12.20.022, 12.02.023, and 12.02.024 of the Rialto Municipal Code Regarding Water Conservation Requirements. Attachments: Attachment 1 - 2010 UWMP Attachment 2 - SWRCB Resolution Date_ 09_09_2014 Doc. No._ 1550 Agency_ CITY COUNCIL Meeting Type_ WATER CON SWRCB Resolution No. 2015-0013 Draft Ordinance 4-14-15 MPH PH Notice re Water Conservation Ordinance Amendments MPH D.3 15-254 Request City Council to Set a Public Hearing for May 26, 2015, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 4th Quarter of the 2014 Calendar Year. Attachments: Residential and Commercial Lien List 4th Qtr. 2014 E. MISCELLANEOUS E.1 15-241 Request City Council to Approve Third Amendment to Lease Agreement with County of San Bernardino for Library located at 251 W. First Street. Attachments: Exhibit A - Orig, & 2nd Amendment to Lease Agreement Exhibit B - 3rd Amend Con Rialto Library 251 W. First Street A3 AC Clean 4.20.15 E.2 15-257 Request City Council to Adopt the Memorandums of Understanding with Rialto Police Benefit Association and Rialto Firefighter’s Association Local 3866 allowing for implementation of a workers’ compensation Alternative Dispute Resolution process. Attachments: IME and Mediator List - 2015 MOU Police - 2015.docx MOU Fire - 2015.docx E.3 15-258 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for March 2015. Attachments: Exhibit A Airport Escrow Statement of Income and Expense Exhibit B CalTrust Mar 2015 Exhibit C 1 ST AMERICAN TRUST 3312015 E.4 15-261 Request City Council to Adopt Resolution No. 6722 Dedicating Portions of that City-Owned Property Located Within the Renaissance Specific Plan as Public Right-of-Way for Alder Avenue. Attachments: EXHIBIT A Exhibit B - City Resolution Reserving Alder City of Rialto Page 5 Printed on 4/23/2015 City Council Regular Meeting April 28, 2015 E.5 15-250 Request City Council to Adopt Resolution No. 6723 Accepting Title to Seven (7) Parcels of Land Conveyed from the Successor Agency to the Redevelopment Agency of the City of Rialto Pursuant to the Long Range Property Management Plan. Attachments: Exhibit A - Rialto_LRPMP_Letter Exhibit B - Information and Map of SA Parcels Exhibit C - Resolution E.6 15-266 Request Rialto Utility Authority to Approve the Sixth Extension of Termination Date for the Site Use Agreement by and between the Rialto Utility Authority and Rialto Bioenergy Facility LLC. Attachments: Exhibit A Sixth Extension of Site Use Agreement E.7 15-277 Request City Council to Approve Amendment No. 1 to the License Agreement No. R13167 with San Bernardino Associated Governments for the Cedar Avenue Storm Drain Improvement Project, City Project 120801 in the amount of $1,500. Attachments: Attachment 1 - Agenda item e-6 Attachment 2 - NOE Attachment 3 - R13167-1 - Rialto Contract TAB PUBLIC HEARING TAB1 15-251 Request City Council to Conduct a Public Hearing to Adopt Resolution No. 6724 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. (ACTION) Attachments: Resolution Weed Abatement 15 Weed abatement List for 2015 TAB NEW BUSINESS City of Rialto Page 6 Printed on 4/23/2015 City Council Regular Meeting April 28, 2015 TAB2 15-259 Request City Council Authorization to Participate in Refinancing of Existing HUD Section 108 Loan Guarantee Loan Note in the remaining principal amount of $1,702,000. (ACTION) Attachments: Exhibit A - Rialto, CA - REFI transltr Exhibit B - HUD 108 Loan Refi Exhibit C - Rialto, CA - REFI Contract Exhibit D - Rialto, CA - REFI Note Exhibit E - Supplement to Trust Agreement [Form] Exhibit F - PO opinion entitlement 4-08-15 rev TAB3 15-249 Request City Council to Adopt Resolution No. 6725 to collaborate with GRID Alternatives to initiate a solar installation project for low-income home-owners in Rialto. (ACTION) Attachments: Exhibit A - GRID Alternatives Information Exhibit B - Rialto presentation- 15-0428 Exhibit C - Resolution TAB4 15-212 Request City Council, acting as the Successor Agency to the Redevelopment Agency of the City of Rialto, Approve Purchase and Sale Agreements with Panattoni Development Company for five Successor Agency properties for a total sales price of $2,223,600. (ACTION) Attachments: Exhibit A - Existing and Proposed Panatonni Center in Renaissance SP Exhibit B - Successor Agency Parcels Map Exhibit C - Rialto_LRPMP_Letter Exhibit D - PSA Area 1 SA Parcels Exhibit E - Site 1 Appraisals Exhibit F - PSA Area 2 SA Parcels Exhibit G - Site 2 Appraisal SA parcels TAB5 15-265 Request Rialto Utility Authority to Approve Increase Purchase Authorization from $50,000 to $100,000 for Brownstein, Hyatt, Farber Schreck for Services Related to a Change of Use Petition with the State Water Resources Control Board and Adopt Budget Resolution No. 6726. (ACTION) Attachments: Exhibit A Petition for Change Exhibit B Budget Resolution for Brownstein Hyatt City of Rialto Page 7 Printed on 4/23/2015 City Council Regular Meeting April 28, 2015 TAB6 15-096 Request City Council to Approve the Preferred Option 3 Design for the Bloomington Median Landscape Conservation Project. (ACTION) Attachments: Attachment 1 TAB7 15-253 Request City Council/Rialto Utility Authority to Delegate authority to the City Administrator to approve use of the Operating Repair and Replacement funds for eligible Projects up to the amount of budget available to Rialto Water Services for the Water and Wastewater Facility. (ACTION) Attachments: Attachment 1 Water_Wastewater ORR Veolia Attachment 2 - NOE TAB8 15-218 Request City Council to Approve the Third Amendment to the Professional Services Agreement with West Yost Associates, a California Corporation, the Third (3rd) Year of the Five (5) Year Professional Services Agreement in the Amount of $928,218 for Fiscal Year 2015/16 And Revising the Total Contract Cost in the Amount of $2,314,224. (ACTION) Attachments: Attachment 1 - West Yost Proposal Attachment 2 - Rialto As-Needed Staffing Support Attachment 3 - West Yost Proposal Amendment 4 - 3rd Amendment - West Yost TAB9 15-268 Request City Council to Approve a Construction Contract Change Order with Pantano Excavating, Inc., dba Pantano Demolition in the amount of $81,600 for the Rialto Airport Demolition - Phase 1, City Project No. 130704. (ACTION) Attachments: Final CCO #1 (Revised Bid Schedule) TAB10 15-269 Request for City Council to Award a Construction Contract to KASA Construction, Inc., in the amount of $1,394,944.50 and to Authorize a Purchase Order with Willdan Engineering in the Amount of $191,410 for Construction Administration and Support Services for the Rebid Metrolink Parking Lot Expansion Project, City Project No. 120808. (ACTION) Attachments: Attachment 1 - Bid Results Attachment 2- Construction Contract Attachment 3 - CM Proposal City of Rialto Page 8 Printed on 4/23/2015 City Council Regular Meeting April 28, 2015 TAB11 15-281 Request City Council to Authorize Lewis-Hillwood Rialto, LLC to Issue a Purchase Order to Thompson Pipe Group for the Purchase of the Storm Drain Pipe needed for the Miro Way Improvement Project in the Amount of $2,222,735. (ACTION) Attachments: Attachment 1 - Email Coorespondance Attachment 2 - Thompson Pipe Group Quote REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 9 Printed on 4/23/2015