City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, February 28, 2017 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO HOUSING AUTHORITY City Council Mayor Deborah Robertson Mayor Pro Tem Ed Scott Council Member Joe Baca Jr. Council Member Rafael Trujillo Council Member Andy Carrizales Barbara A McGee City Clerk Edward Carrillo City Treasurer Fred Galante City Attorney Mike Story City Administrator City Council Regular Meeting February 28, 2017 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.1590 Next Resolution No. 7079 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 17-162 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): City of Rialto v. Chevron San Bernardino County Superior Court, Case No. CIVDS1406197 City of Rialto Page 2 Printed on 2/28/2017 City Council Regular Meeting February 28, 2017 2 17-163 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 SVS. Employee organizations: CGMA Bargaining Unit RMMA Bargaining Unit RCEA Bargaining Unit RPBA Mgmt. Bargaining Unit RPBA General Bargaining Unit RFMA Bargaining Unit Rialto Firefighters Local 3688 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Council Member Rafael Trujillo INVOCATION-Rev. Hunter Slides -St. Peters Episcopal Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 17-166 Certificate of Recognition-Everett Bailey-Council Member Joe Baca Jr. 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. City of Rialto Page 3 Printed on 2/28/2017 City Council Regular Meeting February 28, 2017 B. APPROVAL OF WARRANT RESOLUTIONS (ACTION) B.1 17-145 Resolution No. 29 (02/03/17) B.2 17-146 Resolution No. 30 (02/10/17) C. CLAIMS AGAINST THE CITY C.1 17-150 Alejandra Felix - Police Protection C.2 17-151 Elvira Pena - Vehicle Damage C.3 17-154 Angel Moya - Vehicle Damage D. SET PUBLIC HEARING D.1 17-122 Request City Council to set a Public Hearing for March 14, 2017 to consider an Option to Purchase and Develop Site Agreement by and between the Successor Agency, the City and Ayala@210LLC related to the conveyance of Successor Agency parcels at the northeast corner of Ayala Avenue and Easton Avenue (APNs # 0264-151-79, 80). E. MISCELLANEOUS E.1 17-025 Request City Council to Adopt Budget Resolution No. 7074, and Award a Design Contract to Albert A. Webb and Associates in the amount of $49,940 for the Jerry Eaves Park Parking Lot Expansion Project No. 170303. E.2 17-075 Request City Council to Accept the Fiscal Year 2016 U.S. Department of Homeland Security Grant Funds and Approve Resolution No. 7075 to Increase Revenue and Appropriate Expenditures in the Amount of $25,519. E.3 17-076 Request City Council to Issue a Purchase Order to Healthy Firefighters USA Inc. in the amount of $30,780 for Annual Wellness/Fitness Assessment and Mandatory Communicable Disease Testing/Screening. E.4 17-110 Request City Council to (1) Accept the Foothill Boulevard at Home Depot Traffic Signal and Cedar Avenue Median Improvement Project, City Project No. 140817; (2) Authorize Filing of the Notice of Completion; and (3) Authorize Release of Retention to PTM General Engineering Services, Inc. City of Rialto Page 4 Printed on 2/28/2017 City Council Regular Meeting February 28, 2017 E.5 17-121 Request Rialto Housing Authority to Approve Amendment No. 1 to the Housing Disposition Agreement and Amendment No. 1 to the Agency Second Note Amendment with Shirley Arrington. E.6 17-126 Request City Council to Approve the Declaration of Covenants, Conditions, and Restrictions to Install Street Improvements upon Notice by and between the City of Rialto and Stonehurst-Alder Partners LLC for a Property at 2298 Stonehurst Drive. E.7 17-133 Request City Council to Approve the Cities Combating Hunger through Afterschool and Summer Meals Programs (CHAMPS) Grant in the amount of $30,000 from the National League of Cities Institute for Youth, Education and Families and approve Budget Resolution No. 7076 increasing estimated revenues and appropriations in the amount of $30,000 in the Community Services Account E.8 17-141 Request City Council to Adopt Resolution No. 7077 Authorizing the Submission of a Grant Application for $200,000 to the United States Department of the Interior’s WaterSMART Program for a Drought Contingency Plan. E.9 17-142 Request City Council to Adopt Resolution No. 7078 Authorizing the Destruction of Certain Municipal Records of the Community Services Department. E.10 17-161 Request City Council to Approve Guaranty Agreement between the City of Rialto and Lewis-Hillwood Rialto Company, LLC pertaining to the Second Amended and Restated Contract of Sale for areas B, C, and D, the Streambed Alteration Agreement and the Burrowing Owl Exclusion Plan. TAB PUBLIC HEARING TAB1 17-104 Request City Council to Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Third Quarter of 2016; and Adopt Resolution No. 7079 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Auditor Controller-Recorder. (ACTION) City of Rialto Page 5 Printed on 2/28/2017 City Council Regular Meeting February 28, 2017 TAB2 17-130 Request City Council to Conduct a Public Hearing to: 1. Introduce for first reading Ordinance No. 1586 Entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADDING CHAPTER 15.59 TO THE RIALTO MUNICIPAL CODE ESTABLISHING A PROGRAM FOR FIRE AND LIFE SAFETY INSPECTIONS OF NON-RESIDENTIAL OCCUPANCIES”, Reading by Title only and Waiving Further Reading Thereof and 2. Adopt Resolution No. 7080 Setting Forth Fees for Non-Residential Fire Inspections. (ACTION) TAB3 17-083 Request City Council to Conduct a Public Hearing to introduce for first reading Ordinance No. 1587 Entitled “AN ORDINANCE OF THE CITY OF RIALTO AMENDING SECTION 5.04.010, OF THE RIALTO MUNICIPAL CODE PERTAINING TO BUSINESS LICENSES AND REGULATIONS” Reading by Title Only and Waiving Further Reading Thereof (ACTION) TAB NEW BUSINESS TAB4 17-119 Request City Council to Introduce for First Reading Ordinance No. 1588, Entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING THE RIALTO MUNICIPAL CODE, TO ADD A NEW CHAPTER 9.44 PROHIBITING THE SALE AND DISTRIBUTION OF NITROUS OXIDE,” Reading by Title Only and Waiving Further Reading Thereof (ACTION) TAB5 17-139 Request City Council to Appoint a Council Ad-Hoc Subcommittee to participate with staff in the evaluation and interview of written proposals for Engineering, Landscape Design and Project Management Services for Design of Phase II Citywide Parks Improvements. (ACTION) TAB6 17-081 Request City Council to 1) Approve Master Plans for the Frisbie Park Expansion and Cactus/Randall Park Development Projects; 2) Approve the First Amendment to the Professional Services Agreement with Community Works Design Group, Inc. for Phase II Final Engineering, Landscape Design, and Project Management Services for the Frisbie Park Expansion and Cactus/Randall Park Development Projects in the Amount of $1,063,263 for City Project No’s. 150303 and 150304, for a total cumulative contract amount of $1,291,143; and 3) Adopt Budget Resolution No. 7081 Appropriating $951,143 to fund the Frisbie Park Expansion and the Cactus/Randall Park Development Projects. (ACTION) City of Rialto Page 6 Printed on 2/28/2017 City Council Regular Meeting February 28, 2017 TAB7 17-137 Request City Council to 1) Award a Contract to Fleming Environmental, Inc., in the amount of $443,966.00 for the Construction of Site Improvements to Support the Concession and Restroom Facilities at Frisbie Park and Andreson Park, City Project No. 160302; 2) Approve a Purchase Order for $58,860 with Willdan Engineering for Construction Administration and Inspection Services; and 3) Adopt Resolution No. 7082 Appropriating $429,770 of the $2,100,000 General Fund Reserves Allocated by the City Council to Park Projects . TAB8 17-082 Request City Council to Award a Professional Services Agreement with ABM Industry Groups, LLC for Janitorial Services in the Amount of $546,900 for Janitorial Services from March 2017 to June 2018; and Authorize a Purchase Order Change Notice with ABM Industry Groups, LLC in the amount of $64,200 for services up to February 2017. TAB9 17-123 Request City Council to Approve Operating Memorandum RE I-210 Logistics Center II Fund Development Agreement, Accept the Revised GASB 34 Report for the Project, and Adopt Budget Resolution No. 7083 Increasing Estimated Revenues of $538,174 in the Capital Projects Fund and Increasing Appropriations of $217,422.37 from the Traffic Development Fund 250 for improvements to Linden Avenue. (ACTION) TAB10 17-021 Request City Council to Approve an Increase to Purchase Order No. 2017-0076 with Apple One to Provide Part-Time Staff Support Services in the Development Services Department in the amount of $41,370, for a total amount of $56,369 for the Remainder of Fiscal Year 2016/2017 and Fiscal Year 2017/2018. (ACTION) TAB11 17-157 Request City Council to consider approval of Resolution No. 7084, entitled “A Resolution Of The City Council Of The City Of Rialto Adopting A Policy Prohibiting Political Booths At City Events.” (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 7 Printed on 2/28/2017 City Council Regular Meeting February 28, 2017 City of Rialto Page 8 Printed on 2/28/2017