City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, October 27, 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 October 27, 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. 6444 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 15-767 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 Administrator City of Rialto Page 2 Printed on 10/22/2015 City Council Regular Meeting October 27, 2015 2 15-774 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 Valley Municipal Water District vs. San Gabriel Valley Water d.b,a. Fontana Water Company, et al S.B. Superior Court Case No. CIVDS1311085 (b) City of Rialto vs. San Gabriel Valley Water Company S.B. Superior Court Case No. CIVDS1512045 (c) Brian Grice vs. City of Rialto WCAB CR-04-0500006 (d) Timothy Heinemeyer vs. City of Rialto WCAB CR-06-0500046 (e) Alexander Rodriguez vs. City of Rialto WCAB CR-09-0500029 3 15-775 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: Margarita Juarez 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Deborah Robertson INVOCATION - Pastor Reginald Thomas, The Light Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 15-766 Presentation-FY 2014-2015 Recreation Commission Annual Report Chairperson Joe Britt Attachments: Recreation Parks Commission Annual Report 2014-2015 2 15-776 Presentation-Donation to Rialto Fire Explorers-Paramedic Firefighter Jason Van Vlymen City of Rialto Page 3 Printed on 10/22/2015 City Council Regular Meeting October 27, 2015 3 15-778 Introduction of New Fire Department Ambulance Operators-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. 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 15-762 Resolution No. 15 (10/16/15) Attachments: Warrant Resolution No. 15 B.2 15-763 Resolution No. 16 (10/23/15) Attachments: Warrant Resolution No. 16 C. APPROVAL OF MINUTES C.1 15-764 Regular City Council Meeting - October 13, 2015 Attachments: October 13 2015 D. SET PUBLIC HEARING D.1 15-745 Request City Council to Set a Public Hearing for November 10, 2015, to (i) Adopt an Ordinance Adding Section 18.72.170 Regarding the Recovery of Municipal Code Enforcement Costs and (ii) Approve Resolution _______ establishing Fees. Attachments: Exhibit A - Code Enforcement Fees Ordinance Exhibit B - Resolution Schedule of Fees Code Enforcement Exhibit C - Public Notice Publication City of Rialto Page 4 Printed on 10/22/2015 City Council Regular Meeting October 27, 2015 D.2 15-750 Request City Council to Set a Public Hearing for November 24, 2015, to Review and Adopt by Resolution, the “One Water One Watershed (OWOW) 2.0 Plan”, the Integrated Regional Water Management Plan (IRWMP) for the Santa Ana River Watershed. Attachments: Reso-2014-01-Adopt-OWOW-2.0-Plan-2-4-14 Draft-OWOW-2.0-Comment-and-Responses-Summary-Doc-Responses-Inserted_11-20-2013 (1) D.3 15-752 Request City Council to Set a Public Hearing for November 24, 2015, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 2nd Quarter of the 2015 Calendar Year Attachments: Residential and Commercial Lien List 2nd Qtr. 2015 E. MISCELLANEOUS E.1 15-659 Request City Council to Adopt Resolution No. 6839, Approving an Extraterritorial Wastewater Service Agreement with the Property Owner Located at 18772 Valley Boulevard, Bloomington, CA. Attachments: Extra Territorial Wastewater Agreement Taco Bell - Howard Resolution Howard E.2 15-749 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for September 2015. Attachments: Exhibit A Airport Escrow Statement of Income and Expense 9.30.15 Exhibit B 1st Am Trust 9302015 Exhibit C CalTrust Statement 9.30.2015 E.3 15-748 Request City Council to Accept the Rialto Airport Demolition Project Phase 1 at the former Rialto Airport, (Project No. 130704-45); Authorize Filing of the Notice of Completion and Release Retention to Pantano Excavating, Inc., dba Pantano Demolition. Attachments: Attachment - Notice Of Completion - Airport Demolision Phase I 10-27-2015 E.4 15-751 Request City Council to Approve an Increase of the Purchase Order with Ricky Tankersley, Information Specialist, for Fiscal Year 2015/2016 for Information System Support through June 2016 for a Total Cost of $21,000. E.5 15-753 Request City Council to Receive and File the Statement of Income and Expenses related to the Miro Way and Alder Avenue Escrow Accounts for September 2015. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense Exhibit B FSB and Caltrust Statements for Miro Way Escrow Sept 2015 Exhibit C Alder Avenue Escrow Statement of Income and Expense Exhibit D FSB and Caltrust Statements for Alder Avenue Escrow Sept 2015 City of Rialto Page 5 Printed on 10/22/2015 City Council Regular Meeting October 27, 2015 E.6 15-755 Request City Council to Approve the Professional Services Agreement with FG Solutions, LLC for the Efficiency-based Water Rate Study in the Amount of $44,710. Attachments: Attachment 1 - Proposal Atachment 2 - PSA - FG Solutions Rate Study 10-15-15 E.7 15-756 Request City Council to Adopt Resolution No. 6840 Authorizing the Destruction of Certain Municipal Records of the Recreation and Community Services Department. Attachments: Resolution Recreation E.8 15-759 Request Rialto Utility Authority to Approve the Ninth Extension of Termination Date for the Site Use Agreement by and between the Rialto Utility Authority and Rialto Bioenergy Facility LLC. Attachments: Exhibit A Ninth Extension of Site Use Agreement TAB NEW BUSINESS TAB 1 15-682 Request City Council to Approve the Amended and Restated Memorandum of Understanding (MOU) Between the City of Rialto and the Rialto Professional Firefighters Local 3688 Unit (Local 3688) for Benefit Changes to be Effective November 1, 2015. (ACTION) Attachments: Amended and Restated Firefighters Local 3688 MOU 2013-2017 10 12 15ver TAB 2 15-765 Request City Council to Approve Second 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 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH”, which Shall Include Modifications to Development Agreement (15-01) to Change the Owner, as defined therein, to be Baseline Opportunity, LLC and to Increase the Amount of the Miro Way In-Lieu Fee, as denoted in Attachment 4, Item 4 of Development Agreement (15-01) from to $366,778.36 to $415,408.22. (ACTION) Attachments: Exhibit A - Panattoni Fair Share Miro Way (Revised) Exhibit B -Development Agreement - FINAL - CLEAN - NSP (I-210 III Rialto) 10 21 15 Exhbit C - Revised Ordinance 1563 City of Rialto Page 6 Printed on 10/22/2015 City Council Regular Meeting October 27, 2015 TAB 3 15-746 Request City Council to Approve (i) Resolution No. 6441 consenting to the inclusion of properties within City of Rialto for the purposes of implementing California Statewide Communities Development Authority’s Open Pace Program; and, (ii) Resolution No. 6442 and Resolution No. 6443 consenting to the inclusion of properties within the City of Rialto and joining as Associate Member in the California Home Finance Authority’s Community Facilities District No. 2014-1 Program and the Property Assessed Clean Energy Program to finance renewable energy generation, energy and water efficiency improvements, and electric vehicle charging infrastructure. (ACTION) Attachments: CC Presentation for PACE Providers Exhibit A - Product Categories Exhibit B - SANBAG Letter Exhibit C - CSCDA Resolution Exhibit D - CHFA Resolution CFD 2014-1 Program Exhibit E - CHFA Resolution PACE Program Exhibit F - CHF JPA Agreement v12.10.14 w signature page for new assoc members TAB 4 15-719 Request City Council to Approve a Professional Services Agreement with Wallace and Associates Consulting for “On-Call” Public Works Construction Management and Inspection Services Related to Private Land Development Projects with an Initial Estimated Annual Amount of $300,000 for the 2015/2016 Fiscal Year. (ACTION) Attachments: Attachment 1 - RFP for Inspection Services Staff Report Attachment 2 - Wallace & Associates Inspection services proposal Attachment 3 - Proffesional Service Agreement - Wallace and Associates Attachment 4 - Exhibit A to Profesional Service Agreeement - Wallace and Associates Attachment 5 - Exhibit B to Profesional Service Agreeement - Wallace and Associates Attachment 6 - Exhibit C to Profesional Service Agreeement City of Rialto Page 7 Printed on 10/22/2015 City Council Regular Meeting October 27, 2015 TAB 5 15-729 Request City Council to Approve a Third Amendment to the Professional Services Agreement with KOA Corporation in the amount of $17,780 for a Total Contract Amount of $204,940 for the Riverside Avenue / Linden Avenue Traffic Signal Installation Project, City Project No. 120802. (ACTION) Attachments: Attachment 1 - 12-11-12 Staff Report Attachment 2-8-13-13 City Council Report Attachment 3 - Agenda item tab 14 Attachment 4a - 3rd Amendment-KOA Attachment 4b - Proposal-3rd Amendment Attachment 5 - Notice of Determination - filed REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 8 Printed on 10/22/2015