City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, November 8, 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 November 8, 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.1580 Next Resolution No.7028 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 11/3/2016 City Council Regular Meeting November 8, 2016 1 16-748 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) Equilon Enterprises, LLC v. City of Rialto San Bernardino County Superior Court Case No. CIVDS1602980 (b) Phillips 66 Company v. City of Rialto San Bernardino County Superior Court Case No. CIVDS1516839 (c) SFPP, L.P. v. City of Rialto San Bernardino County Superior Court Case No. CIVDS1603260 (d) Tesoro Logistics Operations, LLC v. City of Rialto San Bernardino County Superior Court Case No. CIVDS1603163 (e) City of Rialto v. Chevron San Bernardino County Superior Court Case No. CIVDS1406197 (f) Jeff Houlemard v. City of Rialto San Bernardino County Superior Court Case No. CIVCS1907317 (g) Lionel Lopez v. City of Rialto WCAB CR-09-0500056; CR-03-0500017; and CR-10-005001 2 16-766 Conference with Labor Negotiator regarding the following recognized employee organization pursuant to Government Code Section 54957.4: Agency designated representatives: Fred Galante, City Attorney Mike Story, City Administrator Employee organizations: CGMA Bargaining Unit 3 16-764 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. City of Rialto Page 3 Printed on 11/3/2016 City Council Regular Meeting November 8, 2016 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Deborah Robertson INVOCATION-Pastor Dino Esquivel - Integrity Outreach Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 16-751 Proclamation-Law Enforcement Records and Support Personnel Day Mayor Deborah Robertson 2 16-765 Presentation-Inland Empire Media Award-Mayor Deborah Robertson 3 16-770 Certificate-Bloomington Christian School 50th Anniversary Mayor Deborah Robertson 4 16-771 Resolution-In Memoriam of Eric Albert Arrington Mayor Deborah Robertson 5 16-772 Resolution-In Memoriam of Lorenzo H. Mills-Mayor Deborah Robertson 6 16-774 Presentation-Charter of Compassion Initiative-Ms. Sohelia Azizi 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 City of Rialto Page 4 Printed on 11/3/2016 City Council Regular Meeting November 8, 2016 B.1 16-759 Resolution No. 13 (09/30/16) Attachments: Warrant Resolution No. 13.pdf B.2 16-762 Resolution No. 14 (10/07/16) Attachments: Warrant Resolution No. 14.pdf B.3 16-760 Resolution No. 15 (10/14/16) Attachments: Warrant Resolution No. 15.pdf B.4 16-761 Resolution No. 16 (10/21/16) Attachments: Warrant Resolution No. 16.pdf C. APPROVAL OF MINUTES C.1 16-763 Regular City Council Meeting - September 27, 2016 Attachments: September 27 2016 minutes.pdf D. SET PUBLIC HEARING D.1 16-716 Request City Council to Set a Public Hearing for the November 22, 2016, City Council Meeting to Consider the First Reading of an Ordinance Amending Chapter 1.10 to the Rialto Municipal Code Dealing with Administrative Citations and Fines. Attachments: Ordinance Amending Administrative Fine Process - Redlined Ordinance Amending Administrative Fine Process - Clean D.2 16-730 Request City Council to Set a Public Hearing for November 22, 2016, to initiate the filing process with the San Bernardino County Local Agency Formation Commission (LAFCO) to Annex five County Islands from the Rialto sphere of influence in Unincorporated San Bernardino County to the City of Rialto (Annexation No. 171). Attachments: Five North Rialto Islands 4-11-2016 DRAFT Rialto Islands Plan for Service and Fiscal Analysis (2) Reso 3222 City of Rialto Page 5 Printed on 11/3/2016 City Council Regular Meeting November 8, 2016 D.3 16-585 Request City Council to Conduct the First Reading of Ordinance No. 1579 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING CHAPTER 15.08 OF THE RIALTO MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2016 EDITION OF THE CALIFORNIA BUILDING CODES OF THE CALIFORNIA CODE OF REGULATIONS AND OTHER RELATED CODES”; and set the Public Hearing for November 22, 2016 to conduct the second reading and adoption of the ordinance. Attachments: Ordinance Adopting Building Codes by reference (2) JC (2) D.4 16-705 Request City Council to Set a Public Hearing for December 13, 2016, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 2nd Quarter of the 2016 Calendar Year. Attachments: Attachment 1 - Residential and Commercial Lien List 2nd Qtr. 2016 E. MISCELLANEOUS E.1 16-740 Request City Council to Adopt Resolution No. 7017 approving a Memorandum of Understanding (MOU) between the City of Rialto and the National Council of Negro Women Bethune Center providing Office Space for the implementation of Job Services academic preparations and community resources served out of the Rialto Resource Center and Waiving Rental Fees. Attachments: Resolution MOU Between the City of Rialto and the NCNW Bethune Center E.2 16-702 Request City Council to Approve a Purchase Order with Socrata, Inc. for a total not to exceed $26,496 for Open Budget, a Transparent Budget Application. Attachments: Exhibit A - rialto.counter signed agreement Exhibit B - Rialto 2017-2018 Agreement E.3 16-703 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for September 2016. Attachments: Exhibit A Airport Escrow Statement of Income and Expense 9.30.16 Exhibit B CalTrust and FSB Statements for Airport Escrow Account September 2016 Exhibit C CalTrust and FSB Statements for Protocol Account Sept City of Rialto Page 6 Printed on 11/3/2016 City Council Regular Meeting November 8, 2016 E.4 16-704 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 September 2016. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense September 2016 Exhibit B CalTrust and FSB Statements for Miro Way Escrow Septe Exhibit C Alder Avenue Escrow Statement of Income and Expense for September 2016 Exhibit D CalTrust and FSB Statements for Alder Avenue Escrow S Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense for September 2016 Exhibit F CalTrust and FSB Statements for Walnut Escrow Septemb E.5 16-706 Request City Council to Increase the current Purchase Order of $ 15,000 to Stericycle Environmental Solutions dba Double Barrel Environmental Services LLC for FY2016-17 to $48,500 for Hazardous Materials Clean-Up and Hazardous Waste Disposal. E.6 16-707 Request City Council to Adopt Resolution No. 7018 Approving the Measure I 2010-2040 Maintenance of Effort Base Year Level. Attachments: Resolution Exhibit A Rialto MOE E.7 16-710 Request City Council to Approve Amendment #1 to the Purchase and Sale Agreement between the City of Rialto and Arrow United Investment LLC related to the purchase and concurrent conveyance of County property (portions of APN 1119-241-01 and 02). Attachments: Exhibit A - Map Exhibit B - Staff Report Exhibit C - PSA Agreement Exhibit D - Victoria RV and Boat Storage Exhibit E - First Amendment to PSA (Arrow United) 11-2-16 E.8 16-711 Request City Council to Adopt Resolution No. 7019 Approving Tract Map 19977 for the Subdivision of 9.24 Gross-Acres of Land into Seventy-Five (75) Detached Single-Family Lots and Approve the Subdivision Improvement Agreement with Rialto 75, LLC. Attachments: Attachment 1 - 4-12-16 CC report Attachment 2 - TM 19977 Attachment 3 - Subdivision Improvement Agreement Resolution Approve TM 19977 10-19-16 City of Rialto Page 7 Printed on 11/3/2016 City Council Regular Meeting November 8, 2016 E.9 16-731 Request City Council to Adopt Resolution No. 7020 for the Placement of Liens Against Abandoned Properties for Failure to Comply with Administrative Citation to Correct Code Violations. Attachments: Exhibit A - Admin Citation List. Exhibit B - Resolution. E.10 16-736 Request City Council to Adopt Resolution No. 7021 Authorizing the Destruction of Certain Municipal Records of the Finance Department. Attachments: Resolution Finance Destruction-2016.pdf E.11 16-742 Request City Council to Approve Resolution No. 7022 Authorizing the Submission of a Grant Application to California Department of Water Resources Water Energy Grant Program. Attachments: Resolution E.12 16-743 Request City Council to Authorize the Release of Request for Bids for Street Light Maintenance Services. E.13 16-726 Request City Council to Authorize the Release of Request for Proposals (RFP) No. 17-047 for Engineering, Landscape Design and Project Management Services for the Design of Phase II Citywide Parks Improvements. Attachments: 11-2-16 RFP Design of Phase II Citywide Parks Improvements Rialto City Park FCA report_FINAL 4-19-16 Jerry Eaves FCA Report_FINAL 4-19-16 Frisbie Park FCA Report FINAL 4-19-16 Flores Park FCA Report_FINAL 4-19-16 Fergusson FCA report_FINAL 4-19-16 Birdsall Park FCA report_FINAL 4-19-16 Andreson Park FCA Report_FINAL 4-19-16 E.14 16-718 Request City Council to Issue a Purchase Order to Diamondback Fire & Rescue in the amount of $28,981.52 for Hydraulic Rescue Equipment. Attachments: Rialto Amkus City of Rialto Page 8 Printed on 11/3/2016 City Council Regular Meeting November 8, 2016 E.15 16-722 Request City Council to Adopt Resolution No. 7023 Approving a Billboard Relocation Agreement by the City of Rialto and San Diego Outdoor Advertising, dba General Outdoor Advertising Attachments: EXHIBIT A - RESO 07-14 (VAR 682) EXHIBIT B - Caltrans Deed EXHIBIT C- Billbord Relocation Agreement EXHIBIT D - Rialto Gateway Sign Relocation EXHIBIT E - Aerial Exhibit of Easement Area Exhibit F - Resolution Billboard Agreement E.16 16-739 Request City Council/Rialto Utility Authority to Approve an Agreement with BDP Technologies, LLC, a California limited liability company (BDP), for the demonstration project for alternative treatment technology through a grant by the California Energy Commission and Adopt Resolution No. 7024. Attachments: Attachment 1 BDP California Energy Commission Award copy Rialto Technical Support Agmt FINAL v2 Budget Resolution BDP BDP CEC Presentation E.17 16-568 Request City Council to Receive and File the Interim Financial Report for the fourth quarter of the Fiscal Year thru June 30, 2016. Attachments: Interim Financial Report as of June 30 2016 - 10-26-16 E.18 16-635 Request City Council to Approve Modification to the National Pollution Discharge Elimination System Joint Defense Agreement between the City of Rialto, the County of San Bernardino as Principal Permitee, the Fifteen Area Cities as Co-Permitees and Steptoe & Johnson, LLP as new Counsel to the NPDES Program. Attachments: ATTACHMENT 1 - City of Rialto - Executed Joint Defense Agreement - 6-10-2015 ATTACHMENT 2 - Modification to MS4 Participation Agreement (SIGNATURE COPY rev 08_19_16... E.19 16-663 Request City Council to Authorize the Release of Request for Bid No. 17-030 for the 2014/15 & 2015/16 Street Overlay Project, City Project No.160801. Attachments: Attachment 1 - NIB 17-030 Attachment 2 - Notice of Exemption City of Rialto Page 9 Printed on 11/3/2016 City Council Regular Meeting November 8, 2016 E.20 16-755 Request City Council to Adopt on Second Reading Ordinance No. 1576 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 335 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 4.57 GROSS ACRES OF LAND (APNS: 0131-212-06, -19 & -20) LOCATED AT THE SOUTHWEST CORNER OF BLOOMINGTON AVENUE AND WILLOW AVENUE FROM AGRICULTURAL (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT-DETACHED (PRD-D).” Attachments: 1576.docx E.21 16-756 Request City Council to Adopt on Second Reading Ordinance No. 1577 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE GATEWAY SPECIFIC PLAN TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 14.67 GROSS ACRES OF LAND (APNS: 0132-191-03, -07, -08, -09, -14 & -15) LOCATED ON THE SOUTH SIDE OF VALLEY BOULEVARD BETWEEN WILLOW AVENUE AND LILAC AVENUE FROM FREEWAY COMMERCIAL (F-C) WITHIN THE GATEWAY SPECIFIC PLAN TO INDUSTRIAL PARK (I-P) WITHIN THE GATEWAY SPECIFIC PLAN.” Attachments: 1577.docx E.22 16-757 Request City Council to Adopt on Second Reading Ordinance No. 1578 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING THE RIALTO MUNICIPAL CODE TO ADD CHAPTER 9.97 CONCERNING THE REMOVAL OF MOBILE BILLBOARD ADVERTISING DISPLAYS AND REGULATION OF ADVERTISING SIGNS ON MOTOR VEHICLES PARKED OR LEFT STANDING ON CITY STREETS OR PUBLIC LANDS.” Attachments: 1578.docx TAB NEW BUSINESS TAB1 16-717 Request City Council to (1) Adopt Resolution No. 7025 Approving a Construction and Credit Agreement by and between the City of Rialto and State Pipe and Supply Company in the amount of $99,914.60 and (2) Adopt Budget Resolution No. 7026. (ACTION) Attachments: Exhibit A - PPD Letter No 2409-Revised Exhibit B - State Pipe - Construction and Credit Agreement (09.23.2016) EXHIBIT C - Construction Cost Estimate Exhibit D - Reso Approving Construction and Credit Agreement State Pipe Exhibit E - Budget Reso - State Pipe Credit Agreement City of Rialto Page 10 Printed on 11/3/2016 City Council Regular Meeting November 8, 2016 TAB2 16-712 Request City Council to Approve Contract Change Order No. 5 in the Amount of $22,599.38 for a Cumulative Contract Change Order Amount of $75,235.69 for the Metrolink Parking Lot Expansion Project, City Project 120808, and Authorize the City Administrator or his Designee to Execute Contract Change Order No. 5. (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 Attachment 5 - Change Order No. 5 TAB3 16-708 Request City Council to Authorize the City Administrator to Approve Contract Change Order No. 4 in the amount of $670,145.30 for the San Bernardino Avenue, Riverside Avenue and Willow Avenue Street and Storm Drainage Improvement Project, City Project 130801. (ACTION) Attachments: Attachment 1 - 9-22-15 S.R. Attachment 2 - Vicinity Map Attachment 3 - Extended Improvement Limits Attachment 4 - CCO #4 10-19-16 TAB4 16-701 Request City Council to Accept California Citizens Option for Public Safety (COPS) Allocation of 2016/2017 Funding and Adopt Budget Resolution No. 7027 Appropriating Funds in the Amount of $165,294. (ACTION) Attachments: Resolution Award Notification TAB5 16-659 Request City Council to Approve the Agreement with Siemens Industry, Inc. for the Asset Transfer and LED Conversion of City of Rialto owned Street Lights in the amount of $1,420,230.49. (ACTION) Attachments: Attachment 1 - Rialto SL Retrofit Proposal_Final Attachment 2 - Energy Network LED Conversion Proposal through NJPA Attachment 3 - Santa Monica RFP Attachment 4 - Letter of Intent - Siemens_EXECUTED Attachment 5 - Rialto Siemens Contract - Final REPORTS MAYOR: City of Rialto Page 11 Printed on 11/3/2016 City Council Regular Meeting November 8, 2016 COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 12 Printed on 11/3/2016