City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, November 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 November 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 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.1565 Next Resolution No. 6854 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 11/9/2015 City Council Regular Meeting November 10, 2015 1 15-808 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) Robert Elguezbal v. City of Rialto S.B. Superior Court Case No. 5:15-CV-00158-DSF-DTB (b) Geoffrey Barret v. City of Rialto WCAB CR-92-010001 (c) Joseph Cirilo v. City of Rialto WCAB CR-12-005074 (d) Kathy Thompson v. City of Rialto WCAB CR-86-010001 (e) John Black v. City of Rialto WCAB CR-08-005001 2 15-812 PUBLIC EMPLOYEE PERFORMANCE EVALUATION/CONFERENCE WITH LABOR NEGOTIATOR - The City Council will discuss the following employee performance evaluation pursuant to Government Code Section 54957 and 54957.6: City’s Labor Negotiator: City Attorney Title/Unrepresented employee: City Administrator 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Pro Tem Joe Baca Jr. INVOCATION-Pastor Larry Booker, Inland Lighthouse Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 15-802 Proclamation-Small Business Saturday-Mayor Deborah Robertson 2 15-803 Proclamation-Purple Heart City-Mayor Deborah Robertson 3 15-813 Proclamation-Law Enforcement Records and Support Personnel Day Mayor Deborah Robertson City of Rialto Page 3 Printed on 11/9/2015 City Council Regular Meeting November 10, 2015 4 15-804 Resolution-Veterans Wall of Freedom-Council Member Ed Palmer 5 15-805 Presentation-FY 2014-2015 Human Relations Commission Annual Report-Chairperson Lino Martinez Attachments: HRC ANNUAL REPORT 2014 6 15-806 Presentation-Excellence in Law Enforcement Research Award from International Associations of Chiefs of Police-Captain Randy DeAnda 7 15-807 Presentation-2015 CNN Heroes Award-Kim Carter Time for Change Foundation 8 15-814 Presentation-Introduction of the SANBAG Visionary Award Winning Rialto Institute of Progress 4th Class-City Administrator Mike Story 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 15-799 Resolution No. 17 (10/30/15) Attachments: Warrant Resolution No. 17 B.2 15-800 Resolution No. 18 (11/06/15) Attachments: Warrant Resolution No. 18 C. APPROVAL OF MINUTES C.1 15-801 Regular City Council Meeting - October 27, 2015 Attachments: October 27 2015 D. SET PUBLIC HEARING City of Rialto Page 4 Printed on 11/9/2015 City Council Regular Meeting November 10, 2015 D.1 15-797 Request City Council to Set a Public Hearing for November 24, 2015, to consider Tentative Tract Map No. 19916, which is a request to allow a twenty-two (22) lot subdivision of 5.37 gross acres of land (APNs: 1133-591-01 & -10) located on the south side of Casmalia Street between Ayala Drive and Spruce Avenue within the Freeway Incubator (FI) zone of the Renaissance Specific Plan, and Specific Plan Amendment No. 2 to the Renaissance Specific Plan, which is a request to change the zoning designation of approximately 4.86 gross acres of land (APNs: 1133-591-01, -04, -09, & -10 (East Portion)) located at the southwest corner of Casmalia Street and Spruce Avenue from Freeway Incubator (FI) to Low Density Residential (LDR), in conjunction with Tentative Tract Map No. 19916. A Mitigated Negative Declaration (Environmental Assessment No. 14-75) has been prepared for the project. Attachments: Exhibit A - Location Map Exhibit B - October 28, 2015 Planning Commission Staff Report Exhibit C - Planning Commission Resolution No. 15-36 for SPA No. 2 to the RSP Exhibit D - Planning Commission Resolution No. 15-37 for TTM No. 19916 Exhibit E - Tentative Tract Map No. 19916 Exhibit F - Existing Zoning Exhibit G - Proposed Zoning Exhibit H - Stakeholder's Meeting Attendance Exhibit I - Initial Study & Appendices Exhibit J - Notice of Public Hearing Exhibit K - Specific Plan Amendment Legal Description D.2 15-777 Request City Council to Adopt Resolution No. 6844 Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2016/2017; and to Adopt Resolution No. 6845 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 2016/2017; and to Set a Public Hearing for January 12, 2016 to Conduct a Property Owner Protest Ballot Proceeding. Attachments: Resolution 1 Resolution 2 Rialto LLD Annexation ER E. MISCELLANEOUS City of Rialto Page 5 Printed on 11/9/2015 City Council Regular Meeting November 10, 2015 E.1 15-742 Request City Council to Authorize the Release of Request for Proposals No. 16-037 for the Active Transportation Program Safe Routes to School Plan, City Project No. 160809. E.2 15-771 Request City Council to Authorize the Fire Department to Enter Into an Interagency Instructional Service Agreement with Rancho Santiago Community College District to Facilitate Fire Service Related Training and Receive Approximately $35,000 Annually as Reimbursement for Providing the Training and Approve a Budget Resolution increasing estimated revenues and appropriations in the amount of $35,000 in General Fund Account Nos. 010-400-5151-7627 and 010-500-5151-2022, respectively. Attachments: RSCCD agreement 2015 E.3 15-784 Request City Council to (1) Approve the Construction Plans and Contract Specifications and Authorize the Release of Request for Bid No. 16-014 for the Maple Avenue Improvement Project, City Project CB1504, and the 2015/16 Annual CDBG Curb, Gutter, and Sidewalk Improvement Project, City Project CB1604; (2) Approve the Construction Plans and Contract Specifications and Authorize the Release of Request for Bid Nos. 16-015, 16-030, and 16-031 for the 2014/15 Mid-Year Curb, Gutter, and Sidewalk Improvement Project, City Project 150810, and the 2015/16 Annual Non-CDBG Curb, Gutter, and Sidewalk Improvement Project, City Project CB1604. Attachments: Attachment 1 - Agenda item tab 1 Attachment 2 - Map and List (CDBG) Attachment 3 - Non-CDBG Zones 1, 2, and 3 Attachment 4 - Notices Inviting Bid Attachment 5 - Notices of Exemption E.4 15-790 Request City Council to Approve Resolution No. 6846 to Establish a New Full-Time Classification of Emergency Medical Technician (EMT) and Establish the Basic Compensation Rate. Eliminate the Part-Time EMT Classification from the City’s List of Approved Classifications. Attachments: 2015 NOV 10 EMT RESO EMT-FT City of Rialto Page 6 Printed on 11/9/2015 City Council Regular Meeting November 10, 2015 E.5 15-791 Request City Council to Adopt Resolution No. 6847 Approving Parcel Map 19535 for the Subdivision of 0.75 Acres of Land into Four (4) Single Family Lots Located on the West Side of Acacia Avenue, Approximately 500 feet South of Merrill Avenue and the Subdivision Improvement Agreement. Attachments: Attachment No. 1 - P.M. 19535 - 7-24-14 P.C. Report Attachment No. 2 - P.M. 19535 Attachment No. 3 - P.M. 19535 Subdivision Improvement Agreement Attachment No. 4 - P.M. 19535 Notice of Determination Attachment No. 5 - P.M. 19535 Faithful Performance, Labor Materials Bond Attachment No. 6 - P.M. 19535 Monumentation Bond Resolution Approve P.M. 19535 11-10-15 E.6 15-794 Request City Council to receive and file the Interim Financial Report for the first quarter of the Fiscal Year thru September 30, 2015. Attachments: Interim Financial Report as of Sept 30 2015 TAB PUBLIC HEARING TAB1 15-786 Request City Council to Conduct a Public Hearing to (1) introduce by first reading of Ordinance No. 1564 entitled “AN ORDINANCE OF THE CITY OF RIALTO, CALIFORNIA, ADDING SECTION 18.72.170 REGARDING THE RECOVERY OF MUNIICPAL CODE ENFORCEMENT COSTS” reading by title only and waiving further reading thereof and (2) Approve Resolution No. 6848 establishing Fees. (ACTION) Attachments: Exhibit A - Code Enforcement Fees Ordinance Exhibit B - Resolution Schedule of Fees Code Enforcement TAB NEW BUSINESS TAB2 15-760 Request City Council to Approve the Community Services Department Athletic Field and Allocation Policy. (ACTION) Attachments: Athletic Field and Allocation Policy 11 10 2015 TAB3 15-792 Request City Council to Consider Amendment No. 4 to Employment Agreement between the City of Rialto and Michael Story, City Administrator for changes to be effective from January 1, 2016 through December 31, 2017. (ACTION) Attachments: (Rialto) Amendment No 4 to Story Employment Agreement City of Rialto Page 7 Printed on 11/9/2015 City Council Regular Meeting November 10, 2015 TAB4 15-779 Request City Council, acting for the Successor Agency to the Redevelopment Agency of the City of Rialto, to Adopt Resolution No. 6849, approving a Purchase and Sale Agreements by and between the Successor Agency to the Redevelopment Agency of the City of Rialto and Morin Family Trust, Dated April 28, 1995, for a parcel (APN 0240-201-60) owned by the Successor Agency. (ACTION) Attachments: Exhibit A - Proposal Exhibit B - Map Exhibit C - Proposed Development Map Exhibit D - Appraisal Exhibit E - Morin Purchase and Sale Agreement (SWC Alder and Walnut) Final 11-5-15 Exhibit F - Resolution TAB5 15-783 Request City Council, Acting as the Rialto Successor Agency to Adopt Resolution No. 6850 Approving a Purchase and Sale Agreement by and between the Rialto Successor Agency and Fountainhead Shrugged LLC for (APN# 0127-041-45) for the Purchase Price in the Amount of $480,000. (ACTION) Attachments: Exhibit A - Site Maps Exhibit B - Extracted pages from Apraisal Report SEC Easton and Riverside Exhibit C - Fountainhead PSA Exhibit D - Resolution TAB6 15-789 Request City Council to Approve a Revised 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. (ACTION) Attachments: Exhibit A - Staff Report- Resolution of Necessity Exhibit B - SGVWC - Area Exhibit v3 (I-210 III Rialto) 9 9 15 Exhibit C ROW Exhibit (SGVWC) Exhibit D - ROW Vacation - SGVWC - APN # 0240-241-10 (I-210 III Rialto) 8 15 15 I-210 III Rialto - SGVWC PSA - 11-5-15 (00191583xB9B50) City of Rialto Page 8 Printed on 11/9/2015 City Council Regular Meeting November 10, 2015 TAB7 15-780 Request City Council, acting for the Successor Agency to the Redevelopment Agency of the City of Rialto, to Adopt Resolution No. SA18-15; and, Rialto Housing Authority Board Adopt Resolution No. 07-15 Approving transfer of $4,695,373.25 from the 2008 Series B Bonds to Implement the Housing Bond Proceeds Agreement approved by the California Department of Finance on August 28, 2015. (ACTION) Attachments: Exhibit A - Housing Bond Agreement Exhibit B - DOF Letter Exhibit C - RSA Budget Resolution Exhibit D - RHA Budget Resolution TAB8 15-782 Request City Council to Ratify the Termination of the Contract Services Agreement with Commercial Cleaning Systems and Approve a Professional Services Agreement with ABM in the Amount of $23,728.13 Per Month Not To Exceed Five Months for a total of $118,610.66 for Janitorial Services and an additional $31,359.37 for Consumable Supplies. (ACTION) Attachments: Attachment 1 - Notice of Termination Attachment 2 - Proposal Attachment 3 - PSA ABM Interim Janitorial Services TAB9 15-785 Request City Council to (1) Adopt Resolution No. 6852 amending the 2015-16 Fiscal Budget appropriating $159,075 from the General Capital Projects Fund Account for the Pool Deck Resurfacing Project, City Project No. 150202, (2) Award a Construction Contract to IVL Contractors, Inc., a California corporation, in the amount of $264,290.00 for the Pool Deck Resurfacing Project, City Project No. 150202; (3) Delegate Authority to the City Administrator to Approve and Execute Construction Contract Change Orders up to a Cumulative Amount of $26,400.00. (ACTION) Attachments: Attachment 1 - Willdan Proposal Attachment 2 - Bid Summary 150202 Attachment 3 - Licenses and References Check 150202 Attachment 4 - Construction Contract 150202 Attachment 5 - Notice of Exemption 150202 Resolution City of Rialto Page 9 Printed on 11/9/2015 City Council Regular Meeting November 10, 2015 TAB10 15-796 Request City Council to receive and file a status update on the Concession Agreement Water and Wastewater Capital Improvement Program; provide direction to staff as appropriate, approving staff to return in February 2015 with a status update on the Concession Agreement Water and Wastewater Capital Improvement Program for the next three months. (ACTION) Attachments: CIP Performance Power Point 11-10-15 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 10 Printed on 11/9/2015