City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, August 23, 2016 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 Ed Scott Barbara A. McGee City Clerk Edward Carrillo City Treasurer Fred Galante City Attorney Mike Story City Administrator City Council Regular Meeting August 23, 2016 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.1573 Next Resolution No.7000 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 16-592 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: Two cases. City of Rialto Page 2 Printed on 8/22/2016 City Council Regular Meeting August 23, 2016 2 16-593 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: Subject: Price and Terms of Conveyance - Contract of Sale Location: Rialto Municipal Airport Property (Generally, the southwest corner of Ayala Drive and Renaissance Parkway) Negotiators: Robb R. Steel, ACA/Development Svs. Dir. Bryan Goodman, Lewis Hillwood Rialto, LLC. 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Deborah Robertson INVOCATION - Pastor Daniel Hlebo - Calvary Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 16-594 Certificates of Recognition-Rialto Rebels Youth Basketball Division 3 Champions Mayor Deborah Robertson 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 City of Rialto Page 3 Printed on 8/22/2016 City Council Regular Meeting August 23, 2016 B.1 16-590 Resolution No. 05 (08/05/16) Attachments: Warrant Resolution No. 05.pdf B.2 16-591 Resolution No. 06 (08/12/16) Attachments: Warrant Resolution No. 06.pdf C. APPROVAL OF MINUTES C.1 16-589 Regular City Council Meeting - July 26, 2016 Attachments: July 26 2016 minutes.pdf D. SET PUBLIC HEARING D.1 16-575 Request City Council to Set a Public Hearing for September 13, 2016, to Consider and Introduce for First Reading ORDINANCE ________ (DEVELOPMENT CODE AMENDMENT NO. 16-02) “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADOPTING AN AMENDMENT TO TITLE 18 OF THE RIALTO MUNICIPAL CODE REGULATING OUTDOOR STORAGE LAND USES AND CREATING A NEW CHAPTER 18.104 ENTITLED “OUTDOOR STORAGE USES”. Attachments: 16-543 - PC Resolution - Outdoor storage 16-543 - CC Ordinance Outdoor Storage D.2 16-579 Request City Council to Set a Public Hearing for September 13, 2016, to Consider and Approve the City’s 2015-2016 Consolidated Annual Performance and Evaluation Report Attachments: CAPER Appendix C - Notice of Public Hearing-2014-2015 CAPER - Spanish -Final CAPER Appendix C - Notice of Public Hearing-2014-2015 CAPER - Spanish -Final CAPER Appendix C - Notice of Public Hearing-2014-2015 CAPER -Final CAPER Appendix C - Notice of Public Hearing-2014-2015 CAPER -Final E. MISCELLANEOUS E.1 16-565 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for July 2016. Attachments: Exhibit A Airport Escrow Statement of Income and Expense 7.31.16 Exhibit B CalTrust Statement for Airport Escrow July 2016 Exhibit C FSB Statement for Airport Escrow July 2016 Exhibit D CalTrust Statement for Protocol Account July 2016 Exhibit E FSB Statement for Protocol Escrow July 2016 City of Rialto Page 4 Printed on 8/22/2016 City Council Regular Meeting August 23, 2016 E.2 16-566 Request City Council to Receive and File the Statement of Income and Expenses related to the Miro Way, Alder Avenue, and Locust/Laurel/Walnut Escrow Accounts for July 2016. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense Exhibit B Miro Way Statements July 2016 Exhibit C Alder Avenue Escrow Statement of Income and Expense July 2016 Exhibit D Alder Avenue Statements July 2016 Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense Exhibit F Locust.Walnut Statements July 2016 E.3 16-567 Request City Council to Adopt Resolution No. 6992 Approving a Memorandum of Understanding (MOU) between the City of Rialto and the Rialto Family Health Services (RFHS) providing office space for the Implementation of Expungement Services of Criminal Records and Services for Veterans out of the Rialto Community Center and Waiving Rental Fees. Attachments: MOU CITY-RFHS RFHS Resolution E.4 16-569 Request City Council to Adopt Resolution No. 6993 Approving a Memorandum of Understanding (MOU) between the City of Rialto and the Rialto Community Players (RCP) for the use of the Sandra R. Courtney Community Playhouse and waiving fees for the use. Attachments: MOU City and Rialto Community Players Playhouse Resolution E.5 16-564 Request City Council to Approve a Third 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 not to exceed twelve months. Attachments: J & K Agreement Pepe's Agreement TAB PUBLIC HEARING TAB1 16-555 Request City Council to Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the First Quarter of 2016; and Adopt Resolution No. 6994 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Auditor Controller-Recorder. (ACTION) Attachments: Resolution EXHIBIT A - Residential and Commercial Lien List 1st Qtr. 2016 City of Rialto Page 5 Printed on 8/22/2016 City Council Regular Meeting August 23, 2016 TAB2 16-571 Request City Council to Conduct a Public Hearing and Adopt Resolution No. 6995 Authorizing the Placement of an Annual Assessment for Advanced Billing of Refuse Collection Fees for the 2016/17 Fiscal Year. (ACTION) Attachments: Resolution Exhibit A - Proposed Address List of Annual Assessment for Advanced Billing of Refuse Collection Fees TAB NEW BUSINESS TAB3 16-583 Request City Council to Receive and File the current Capital Improvement Program Status Report. (NO ACTION) Attachments: Attachment 1 Attachment 2 CIP TAB4 16-578 Request City Council to Discuss the Capital Improvement Program and Provide Direction Regarding the Funding of Various unfunded Capital Projects. (ACTION) Attachments: Attachment 1 - 2014-17 CIP List By Dept Attachment 2 - 2014-17 CIP List By Year TAB5 16-577 Request City Council to introduce for first reading Ordinance No. 1572, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING THE RIALTO MUNICIPAL CODE TO ADD SECTIONS 2.48.145 AND 18.02.130 TO REQUIRE THOSE CONTRACTING WITH OR PURSUING A PERMIT OR ENTITLEMENT FROM THE CITY OF RIALTO TO DISCLOSE POTENTIAL FINANCIAL OR OTHER INTERESTS WITH CITY OFFICIALS OR EMPLOYEES” reading by title only and waiving further reading thereof. (ACTION) Attachments: Ordinance Requiring Potential Coflict Disclosures City of Rialto Page 6 Printed on 8/22/2016 City Council Regular Meeting August 23, 2016 TAB6 16-471 Request City Council to Consider and Approve: (1) an Amended and Restated Declaration of Covenants, Conditions, Restrictions and Grant of Easements by and among the City of Rialto, In-N-Out Burgers and the John Gerardi 1986 Disclaimer Trust; (2) Resolution No. 6996 Approving a Site Map Designating the Boundaries of a “Business Center” in Compliance with Business and Professions Code Section 5274; and (3) a Covenant and License Agreement for Freeway Sign by and between the City of Rialto and Fountainhead Shrugged, LLC. (ACTION) Attachments: Exhibit A -Property and RSA Parcel Exhibit B - Amended CCRs - (08.01.2016) w Exhibit C - Sign License Agreement - FINAL Exhibit D - Aerial Depiction of the Business Center Exhibit E - City Resolution Designating and Approving a Site Map and Geographic Boundaries of the B TAB7 16-556 Request City Council to Approve Amendment #1 to the Purchase and Sale Agreement with PDC OC/IE LLC for two City properties (APN 0240-221-24 and 27) and Approve Budget Resolution No. 6997 Amending Fiscal Budget for 2016/2017. (ACTION) Attachments: Exhibit A - Site Map Exhibit B - Purchase and Sale Agreement Exhibit C - First Amendment to PSA Budget Resolution City of Rialto Page 7 Printed on 8/22/2016 City Council Regular Meeting August 23, 2016 TAB8 16-512 Request City Council to (1) reject the bid from Painting & Decor, Inc., a California corporation, due to an Inadequate Good Faith Effort for MBE/WBE; (2) Award a Construction Contract to R Dependable Construction, Inc., in the amount of $198,750, for the Kristina Dana Hendrickson Cultural Center & Rialto Historical Society Museum (Exterior) Paint Project, City Project No. CB 1502; (3) Approve a reallocation of $72,465 from 2013-14 Sidewalk, Curb & Gutter, City Project No. CB1404, to this Project; (4) Authorize a Purchase Order with Willdan Engineering in the amount of $22,575 for Construction Management and Inspection Services for the Kristina Dana Hendrickson Cultural Center & Rialto Historical Society Museum (Exterior) Paint Project. (ACTION) Attachments: Attachment 1 - Agenda item d-9 Attachment 2 - SOHP Letter Attachment 3 - CB1502 Bid Results Attachment 4 - Painting Decor Inc Non Responsive Letter Final Attachment 5 - License & Reference Check - R Dependable Attachment 6 - Construction Contract Attachment 7 - Section 3 Bid Evaluation Memorandum Attachment 8 - Willdan Proposal Attachment 9 - NOE TAB9 16-563 Request City Council to (1) Rescind a Construction Contract with Unique Performance Construction, Inc., in the amount of $227,559.75 for the Annual Non-CDBG Curb, Gutter, and Sidewalk Improvement Project (Zone 1); (2) Award a Construction Contract to FS Contractors, Inc., in the amount of $232,846.45 for the Annual Non-CDBG Curb, Gutter, and Sidewalk Improvement Project (Zone 1). (ACTION) Attachments: Attachment 1 - Non-CDBG Zones 1, 2, and 3 Attachment 2 - Notice of Termination Attachment 3 - Bid Summary - RFB No. 16-015 (Zone 1) Attachment 4 - License and Reference Check (FS) Attachment 5 - Construction Contract 08-02-16 Attachment 6 - Notices of Exemption City of Rialto Page 8 Printed on 8/22/2016 City Council Regular Meeting August 23, 2016 TAB10 16-545 Request City Council to Approve Contract Change Order No. 4 in the Amount of $16,371.98 for a Cumulative Contract Change Order amount of $52,636.31 for the Metrolink Parking Lot Expansion Project, City Project 120808. (ACTION) Attachments: Attachment 1 - Change Order No. 1 Attachment 2 - Change Order No. 2 Attachment 3 - Change Order No. 3 Attachment 4 - Change Order No. 4 TAB11 16-576 Request City Council/Rialto Utility Authority to Adopt Budget Resolution No. 6998; and authorize the issuance of a Purchase Order with West Valley Water District for Operation and Maintenance of Groundwater Contamination Treatment Systems in the Amount of $331,363.70 for Fiscal Year 2016/17. (ACTION) Attachments: Attachment 1 Agenda item tab 5 WVWD Budget Summary Budget Resolution TAB12 16-466 Request City Council to Adopt Budget Resolution No. 6999; Award the Street Marking Paint Supplies Bid to Ennis Paint, Inc. in the Total Amount of $290,089.99 for Fiscal Years 2016/17, 2017/18, 2018/19, 2019/20 and 2020/2021. (ACTION) Attachments: Budget Resolution Attachment 1 - RFB 16-103 Street Marking Paint- ABSTRACT REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 9 Printed on 8/22/2016