City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, October 13, 2015 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO HOUSING AUTHORITY, 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 October 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 meeting 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.1564 Next Resolution No.6839 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 10/13/2015 City Council Regular Meeting October 13, 2015 1 15-740 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, Asst. to the CA/Director of Administrative Services Employee organization: Firefighters Union Local 3688 2 15-743 Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (2) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 3 15-744 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. City of Rialto Page 3 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 4 15-732 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) Gary Chaffee v City of Rialto U.S. District Court Case No. 5:14-CV-02264-JGB-DTB (b) Geoffrey Barrett v City of Rialto WCAB CR-92-010001 (c) John Black Jr. v. City of Rialto WCAB CR-08-005001 (d) Vanessa Bowling v. City of Rialto WCAB CR-13-0050419 (e) Tim Brayshaw v. City of Rialto WCAB CR-09-0500035 & CR-11-0000004 (f) Ernest Campa v. City of Rialto WCAB CR-94-0500004 (g) Joseph Cirilo v. City of Rialto WCAB CR-12-005074 (h) Tyrone Green v. City of Rialto WCAB CR-10-00500053 & CR-10-0500054 (i) Brian Grice v. City of Rialto WCAB CR-04-0050006 (j) Timothy Heinemeyer v. City of Rialto WCAB CR-06-00500046 (k) Daniel Kitt v. City of Rialto WCAB CR-14-005008 (l) James Kurkoske v. City of Rialto WCAB CR-15-005047 (m) Andy Lore v. City of Rialto WCAB CR-09-0500033 & CR-13-005062 (n) James Massey v. City of Rialto WCAB CR-14-005054 & CR-14-005058 (o) Brian Park v. City of Rialto City of Rialto Page 4 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 WCAB CR-10-00500093 (p) Alexander Rodriguez v. City of Rialto WCAB CR-09-0500029 (q) Bianca Rodriguez v. City of Rialto WCAB CR-06-00500033 & CR-10-500104 (r) Scott Schwingel v. City of Rialto WCAB CR-01-010001 (s) Timothy Strathmann v. City of Rialto WCAB CR-11-00505035 (t) Kathy Thompson v. City of Rialto WCAB CR-86-010001 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Council Member Ed Scott INVOCATION-Pastor William Sonny Phillips, St Paul Family Ministries City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 15-728 Presentation-FY 2014-2015 Beautification Commission Annual Report Chairperson Carrizales Attachments: BC Annual Report FY15a 2 15-736 Presentation-Fire Dept.Community Paramedicine Program Fire Chief Mat Fratus 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. City of Rialto Page 5 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 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 15-733 Resolution No. 12 (09/25/15) Attachments: Warrant Resolution No. 12 B.2 15-734 Resolution No. 13 (10/02/15) Attachments: Warrant Resolution No. 13 B.3 15-741 Resolution No. 14 (10/09/15) Attachments: Warrant Resolution No. 14 C. APPROVAL OF MINUTES C.1 15-735 Regular City Council Meeting - September 22, 2015 Attachments: September 22, 2015 D. MISCELLANEOUS D.1 15-588 Request City Council to Approve An Extraterritorial Water Service Agreement with the City of San Bernardino Municipal Water Department for Water Services Provided by City of Rialto/Rialto Utility Authority at North Lassen Street in the City of San Bernardino, California. Attachments: Lassen Street - Extraterritorial Water Services Agreement - 9-8-15 final edits Exhibit B to Agreement D.2 15-679 Request City Council to Approve Request for Proposal for Professional Technical Consulting Services to update the Housing Element of the Rialto General Plan and perform on-call Advance Planning Professional Services. Attachments: Housing Element & On-Call Advance Plannig Services RFP D.3 15-693 Request City Council to Approve a Travel and Training Request for IVS SWAT Medic Jacob Huber to attend Tactical Medicine Course, Modules A & B, October 26 through November 6, 2015, at an Estimated Cost of $5,420.50. Attachments: Course Material Lodging City of Rialto Page 6 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 D.4 15-694 Request City Council to Authorize the Purchase of a Ford Police Explorer Utility Vehicle from Bob Wondries Ford for the Amount of $30,541.76. Attachments: 15-076 BID ABSTRACT Bob Wondries Ford Bid Details D.5 15-705 Request City Council to Approve the City of Rialto’s participation in the 2015-2016 iEfficient Public Outreach Campaign with San Bernardino Valley Municipal Water District for $18,575 for Water Conservation efforts. Attachments: Copy of Media Plan D.6 15-706 Request City Council Approval of the City of Rialto’s Cost Sharing for Development of the 2015 San Bernardino Valley Regional Urban Water Management Plan Project with the San Bernardino Valley Municipal Water District for $31,052. Attachments: Attachment 1 D.7 15-707 Request City Council Approval of the Purchase of a Total of Three (3) Database and Applications Servers, One (1) Storage Area Network (SAN) and Virtualization Software License to Support Software Upgrades City-Wide in the amount of $49,975.65. Attachments: Quote_vmware_710972684 SAN & Servers Dell quote D.8 15-711 Request City Council to Approve a Purchase Order to Ballard & Ballard Investigations in the amount of $30,000 for background investigations associated with the recruitment and retention of Paramedics and Emergency Management Technicians (EMT) for the newly implemented Ambulance Operator Program. D.9 15-712 Request City Council to Approve the Contract Documents and Authorize the Release of Request for Bids No. 16-023 for the Cultural Center & Museum Exterior Painting and Roofing Project, City Project No. CB1502. Attachments: Attachment 1 - NIB 09-29-15 Attachment 2 - NOE City of Rialto Page 7 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 D.10 15-713 Request City Council to (1) Accept the Pacific Electric Inland Empire Trail, City Project No. 080803, Federal Aid Project No. RPSTPLE 5205 (019); (2) Authorize Filing of the Notice of Completion; and (3) Release Retention to Sully-Miller Contracting Company, a Delaware corporation. Attachments: Attachment 1 - Agenda item tab 11 Attachment 2 - NOC - Pacific Electric Inland Empire Trail Attachment 3 CCO #1-5 Attachment 4- Notice of Exemption-CEQA Attachment 5 - GASB34 D.11 15-714 Request City Council to (1) Accept the 2012/13 Annual Street Overlay Project, City Project No. 130807; (2) Authorize Filing of the Notice of Completion; and (3) Release Retention to Sequel Contractors, Inc., a California corporation. Attachments: Attachment 1 - NOC - 2012-13 Annual Street Overlay Project Attachment 2 - NOE Attachment 3 - GASB34 D.12 15-716 Request Rialto Housing Authority Board to Adopt Resolution No. 06-15 Approving the Fiscal Year 2013/14 Housing Successor Agency’s Housing Activity Report pursuant to Health and Safety Code Section 34176.1(f). Attachments: Exhibit A - FY14 Housing Successor Annual Report. Exhibit B - Resolution - Annual Housing Successor Report D.13 15-737 Request City Council to Approve an Exclusive Right to Negotiate Agreement with Fernando Acosta for the Development of Approximately 8 Acres of Property Located at the Northeast Corner of Ayala Drive and Renaissance Parkway. Attachments: Presentation for Acosta ERN Exhibit A Site Map Exhibit B ERN - Acosta NEC Easton-Ayala TAB PUBLIC HEARING City of Rialto Page 8 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 TAB1 15-715 Request City Council to Conduct a Public Hearing to introduce by first reading of Ordinance No. 1563, entitled “AN ORDINANCE OF THE CITY OF RIALTO APPROVING A DEVELOPMENT AGREEMENT (15-01) BY AND BETWEEN THE CITY OF RIALTO AND PDC OC/IE, LLC AND MAKING CERTAIN FINDING IN CONNECTION THEREWITH,” reading by title only and waiving further reading thereof and Adopt Budget Resolution No. 6832. (ACTION) Attachments: Presentation Exhibit A - Site Maps for Project Exhibit B - Notice of Determination - Filed 08.13.2015 Exhibit C - RESO 15-31 - DA No. 15 - 01-PDC OC IE LLC. Exhibit D - Development Agreement - CLEAN (I-210 III Rialto) 10 7 15 (Agenda) Exhibit E - Proof of Publication PDC DA PH Exhibit F - Ordinance Approving PDC OC-IE Development Agreement Exhibit G - Budget Resolution - PDC Development Agreement TAB2 15-723 Request City Council to Conduct a Public Hearing to Consider an appeal of the Planning Commission decision denying Conditional Development Permit No. 769 and Variance No. 709 requesting a Type 21 (Off-Sale General) liquor license from the California Department of Alcoholic Beverage Control for the sales of general alcoholic beverages for off-site consumption at an existing convenience market located at 509 W. Foothill Boulevard within the C-P (Commercial Pedestrian) zone of the Foothill Boulevard Specific Plan and Adopt Resolution No. 6833. (ACTION) Attachments: Exhibit A - Location Map Exhibit B - July 8, 2015 Staff Report Exhibit C - Planning Commission Resolution of Denial for CDP No. 769 Exhibit D - Planning Commission Resolution of Denial for VAR No. 709 Exhibit E - Separation Exhibits Exhibit F - Calls For Service Exhibit G - Draft Resolution TAB NEW BUSINESS City of Rialto Page 9 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 TAB3 15-727 Request City Council to Approve a Purchase and Sale Agreement and Joint Escrow Instructions by and between the City of Rialto and PDC OC/IE, LLC, related to the acquisition of portions of APN# 0240-241-10, 38, and 56 from the San Gabriel Valley Water Company and Adopt Budget Resolution No. 6834. (ACTION) Attachments: Exhibit A - Staff Report- Resolution of Necessity Exhibit B - Purchase Agreement (SGVWC Property) 005 (3)gsl Exhibit C - SG response to Offer 7-13-15 Exhibit D - SGVWC - Area Exhibit v3 (I-210 III Rialto) 9 9 15 Exhibit E - Budget Resolution TAB4 15-704 Request City Council to Accept California Citizens Option for Public Safety (COPS) Allocation of 2015/2016 Funding and Adopt Budget Resolution No. 6835 Appropriating Funds in the Amount of $159,580. (ACTION) Attachments: Letter of Award Resolution TAB5 15-682 Request City Council to Approve Restate and Amended Memorandum of Understanding (MOU) Between the City of Rialto and the Rialto Professional Firefighters Local 3688 Unit (Local 3688) for Changes to be Effective October 14, 2015. (ACTION) Attachments: Amended and Restated Firefighters Local 3688 MOU 2013-2017 TAB6 15-731 Request that City Council Approve the Use of an Escrow Agreement Form Requiring the City to Place Into an Escrow Account any Measure U Taxes on Liquid Fuel Storage Facilities Paid by Businesses Subject to the Tax Until the Conclusion of Legal Challenges to Measure U. (ACTION) Attachments: Stipulation of Escrow of Measure U Funds KM-Shell City of Rialto Page 10 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 TAB7 15-621 Request City Council to Accept Public Improvements, Authorize the Recordation of a Notice of Completion, Approve Amendment No. 1 to the Construction and Credit Agreement by and between the City of Rialto and DCT Renaissance Rialto, LLC, Authorize Reimbursement Payments to DCT Renaissance Rialto in the Amount of $1,141,808 related to the Construction of Public Improvements pursuant to the and Approve Budget Resolution No. 6836. (ACTION) Attachments: Exhibit A - DCT - DIF Fees Paid Exhibit B - Fully Executed - Construciton and Credit Agreement Exhibit C - Request for fee credits, bond release Exhibit D - RSP Fair Share Traffic Fee - List of Projects Exhbit E - Amendment No.1 to DCT Credit Agreement (executed by DCT) Exhbit F - Project Summary - Engineer vs Actual Cost - Exhibit G- Notice of Completion Exhibit H- Budget Reso TAB8 15-718 Request City Council to Approve Agreement with SunGard Public Sector Inc. to Purchase TRAKiT to Upgrade the City’s Land Management Technology System for $386,950; (ACTION) Attachments: Exhibit A - Rialto - LM RFP - Vendor Comparison 2015-01-21 (AMC) Exhibit B - TRAKiT Support Modules Exhibit C - SunGard Agreement TAB9 15-721 Request City Council, acting for the Successor Agency to the Redevelopment Agency of the City of Rialto, Approve a request from Wayne Morin to waive the City/Successor Agency’s customary conditions to close escrow for the proposed purchase of a Successor Agency parcel at the southwest corner of Alder Avenue and Walnut Avenue (APN 0240-201-60). (ACTION) Attachments: Presentation for Alder Walnut Parcel Exhibit A - Proposal Exhibit B - Map Exhibit C - Proposed Development Map Exhibit D - LRPMP Disposition Procedures City of Rialto Page 11 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 TAB10 15-730 Request City Council to Adopt Resolution No. 6837 approving the property tax revenue amounts to be transferred as a result of the pending reorganization related to Local Agency Formation Commission No. 3191 for annexation to the City of Rialto and the West Valley Water District and detachment from San Bernardino County Fire Protection District, its Valley Service Zone, and County Service Area 70. (ACTION) Attachments: MIN-CAO-100615-LAFCO#3191 Copy of ATT-CAO-100615-LAFCO#3191 General Plan Consistency revised Location Map Boral Boral tax sharing Reso TAB11 15-720 Request City Council to Approve a Construction Reimbursement Agreement for Laurel/Walnut/Locust Improvements by and between the City of Rialto and Lewis-Hillwood Rialto LLC and Reallocate Funding from the Demolition and Remediation Category to the Infrastructure Category in the Airport Escrow Budget. (ACTION) Attachments: Exhibit A FINAL Laurel, Locust and Walnut Construction Agreement 9.18.15 Exhibit B Budget for Locust.Walnut.Laurel Improvements TAB12 15-701 Request City Council to (1) Award a Contract Materials Agreement to Parkhouse Tires, Inc. for Firestone Branded Tires in the Amount of $80,000, (2) Approve a Purchase Order Change Notice to Parkhouse Tires in the Not-to-Exceed Amount of $40,000 for City Fleet Vehicle Tires, Related Products and Services, and (3) Approve a Purchase Order Change Notice to Parkhouse Tires in the Not-to-Exceed Amount of $40,000 for Fire Department Apparatus Tires and Related Products and Services. (ACTION) Attachments: Attachment 1 - Bid Summary Attachment 2 - Chapter_2.47___LOCAL_BUSINESS_PREFERENCE Attachment 3 - Local Preference Analysis Attachment 4 - Contract Materials Agreement Firestone Tires City of Rialto Page 12 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 TAB13 15-702 Request City Council to (1) Reject the Bid Submitted by Parkhouse Tire Company, a California Corporation; (2) Award a Contract Materials Agreement to Daniels Tires Service for Goodyear Branded Tires in the Amount of $60,000; (3) Approve Purchase Order Change Notices in the not-to-exceed Amount of $40,000 for City Fleet Vehicle Tires, Related Products and Services, and in the not-to-exceed Amount of $20,000 for Fire Department Apparatus Tires, Related Products and Services. (ACTION) Attachments: Attachment 1 - RFB 16-006 Goodyeat Tires- ABSTRACT Attachment 2 - Letter Attachment 3 - Contract Materials Agreement Goodyear Tires TAB14 15-703 Request City Council Adopt to Resolution No. 6838 Authorizing the Execution of a Freeway Maintenance Agreement with the California Department of Transportation for the Portion of the Interstate 10 Freeway within City of Rialto Jurisdiction. (ACTION) Attachments: Attachment 1 - Final Freeway Maintenance Agreement Attachment 2 - Resolution TAB15 15-708 Request City Council to Approve the Third Amendment to the Professional Services Agreement with Harris & Associates for the 2014/15 & 2015/16 Street Overlay Project, City Project No. 150813 & 160801, in the amount of $183,516 for a total contract amount of $558,449. (ACTION) Attachments: 3rd Amendment Harris & Associates PSA City of Rialto Page 13 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 TAB16 15-709 Request City Council to (1) Award a Construction Contract to Dalke & Sons Construction, Inc., a California corporation, in the amount of $356,040.00 for the Facilities ADA Improvement Project, City Project No. 150201; (2) Authorize a Purchase Order with Willdan Engineering in the Amount of $18,570 for Construction Management and Inspection Services for the Facilities ADA Improvement Project, City Project No. 150201; (3) Delegate Authority to the City Administrator to Approve and Execute Construction Contract Change Orders up to a Cumulative Amount of $35,600. (ACTION) Attachments: Attachment 1 - Agenda item tab 8 Attachment 2 - CP No. 150201 Bid Results Attachment 3 - License & Reference Check Attachment 4 - Construction Contract Attachment 5 - Willdan Proposal 09-23-15 Attachment 6 - Notice of Exemption CP150201 City of Rialto Page 14 Printed on 10/13/2015 City Council Regular Meeting October 13, 2015 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 15 Printed on 10/13/2015