City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, March 14, 2017 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO HOUSING AUTHORITY, RIALTO UTILITY 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 March 14, 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.1588 Next Resolution No.7091 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 3/13/2017 City Council Regular Meeting March 14, 2017 1 17-190 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) Denise McGowen, v. City of Rialto SB Superior Court Case No. CIVDS1600332 (b) City of Rialto v. Chevron San Bernardino County Superior Court, Case No. CIVDS1406197 (c) Ortiz v. City of Rialto U.S. District Court Case No. 5:16-cv-01384 GHK KSx consolidated with Pena v. Rialto, Case No. 5:16-cv-02020 (d) Maldonado, et al v. City of Rialto, et al SB Superior Court Case No. CIVDS1213121 2 17-217 Conference with Legal Counsel - Threat of Litigation: Initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. Claimant: Joe Yancey, JD Yancey Enterprises 3 17-215 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: (a)Subject: Price and Terms-Right of Way Acquisition Location: Portion of APN 0264-012-11-0-000 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. West Valley Water District 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Council Member Andy Carrizales INVOCATION-Mario Cañedo-Calvary Chapel Rialto City of Rialto Page 3 Printed on 3/13/2017 City Council Regular Meeting March 14, 2017 City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 17-216 Presentation-Property Pride Awards-Beautification Commission Chairperson Theresa Schneider 2 17-199 Certificates of Recognition-Rialto High School Boys Varsity Soccer Team Council Member Joe Baca Jr. 3 17-218 Presentation-MADD 5K-Robert Cox 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 17-191 Resolution No. 31 (02/17/17) Attachments: Warrant Resolution No. 31.pdf B.2 17-192 Resolution No. 32 (02/24/17) Attachments: Warrant Resolution No. 32.pdf C. APPROVAL OF MINUTES C.1 17-198 Regular City Council Meeting - February 14, 2017 Attachments: February 14 2017 minutes.pdf C.2 17-221 Regular City Council Meeting - February 28, 2017 Attachments: February 28 2017 minutes.pdf D. CLAIMS AGAINST THE CITY City of Rialto Page 4 Printed on 3/13/2017 City Council Regular Meeting March 14, 2017 D.1 17-195 Karina Munoz - Vehicle Damage Attachments: Claim-K.Munoz D.2 17-196 James D. Blok - Vehicle Damage Attachments: Claim-Blok D.3 17-197 Jennifer Mao - Vehicle Damage Attachments: Claim-Mao D.4 17-207 Melissa H. Miller - Vehicle Damage Attachments: Claim-Miller D.5 17-208 Frank Garza - Vehicle Damage Attachments: Claim-Garza E. SET PUBLIC HEARING E.1 17-175 Request City Council to Adopt Resolution No. 7085 of the City Council Declaring Its Intention to Annex Territory (Cadiz Project) to a Community Facilities District and to Authorize the Levy of Special Taxes Therein, the City of Rialto Community Facilities District No. 2016-1 (Public Services) Annexation No. 1; Set the Public Hearing for April 25, 2017. Attachments: Annex 1 Rialto CFD Resolution of Intention F. MISCELLANEOUS F.1 17-129 Request City Council to Approve an Increase to the Annual Purchase Order with Galls, LLC for Fiscal Year 2016/17 for Uniforms and Safety Equipment Through June 2017 for a total cost of $25,000. F.2 17-135 Request City Council to Approve 2017 Investment Policy-Amended Attachments: Investment Policy 2017 Amended.pdf F.3 17-140 Request City Council to Approve an Increase to the Annual Purchase Order with Bio-Tox Laboratories for Fiscal Year 2016/17 for Testing Expenditures Through June 2017 for a total cost of $25,000. F.4 17-164 Request City Council to Approve an Agreement with Pyro Spectaculars to provide a Pyrotechnics Display for the 2017 Rialto 4th of July Celebration, and Approve a Purchase Order to Pyro Spectaculars Inc . in the Amount of $25,000. Attachments: Rialto City of_PROPOSAL FW 07-17.pdf City of Rialto Page 5 Printed on 3/13/2017 City Council Regular Meeting March 14, 2017 F.5 17-169 Request the City Council, acting for the Successor Agency, Approve Regulatory Agreement Amendment #1 between the RAMROD Senior Housing, Inc., and the Successor Agency to the Redevelopment Agency of the City of Rialto. Attachments: Exhibit A - Regulatory Agreement Exhibit B - Amendment to Regulatory Agreement F.6 17-170 Request Rialto Housing Board to Adopt RHA Resolution No. 01-17 Approving the Fiscal Year 2015/16 Housing Activity Report for the Rialto Housing Authority. Attachments: Exhbit A - Resolution - Annual RHA Report F.7 17-171 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for January 2017. Attachments: Exhibit A Airport Escrow Statement of Income and Expense 1.31.17 Exhibit B FSB and CalTrust Statements for Aiport Escrow January 2017 Exhibit C FSB and CalTrust Statements for Aiport Protocol Account January 2017 F.8 17-172 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 January 2017. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense January 2017 Exhibit B FSB and CalTrust Statements for Miro Escrow January 2017 Exhibit C Alder Avenue Escrow Statement of Income and Expense January 2017 Exhibit D FSB and CalTrust Statements for Alder Avenue January 2017 Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense January 2017 Exhibit F FSB and Caltrust Statements for Locust.Laurel.Walnut Escrow January 2017 F.9 17-176 Request City Council to (1) Accept the Maple Avenue Improvement Project, City Project No. CB1504 and the Annual CDBG Curb, Gutter, and Sidewalk Improvement Project, City Project No. CB1604; (2) Authorize Filing of the Notice of Completion; and (3) Authorize Release of Retention to R-JS General Construction, Inc., a California Corporation. Attachments: Attachment 1 - Notice of Completion 02-27-17 Attachment 2 - CCO No. 1 Attachment 3 - CCO No. 2 Attachment 4 - CCO No. 3 Attachment 5 - Notices of Exemption City of Rialto Page 6 Printed on 3/13/2017 City Council Regular Meeting March 14, 2017 F.10 17-178 Request City Council to Approve a Professional Services Agreement with STK Architecture, Inc., for design of an Announcer’s Booth located at Rialto City Park, City Project No. cb1703, for $49,400. Attachments: RIALTO PARK LOCATION EXHIBIT PSA STK F.11 17-193 Request City Council to Adopt on Second 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”. Attachments: BL Oridnance.doc F.12 17-194 Request City Council to Adopt on Second 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.” Attachments: Nitrous Oxide Ordinance TAB PUBLIC HEARING TAB1 17-181 Request City Council to Conduct a Public Hearing to Adopt Resolution No. 7086 approving the Option to Purchase and Develop Site Agreement by and between the City of Rialto and Ayala@210LLC. (ACTION) Attachments: Presentation for Option to Purchase and Develop Site Agreement Exhibit A Statement of Qualifications Exhiibit B Parcel A and Parcel B Map Exhibit C Rialto_1-25-17-Layout1 Exhibit D RSP Signage Standards Exhibit E Option to Purchase and Develop Site Agreement 03.09.2017 Exhibit F Summary Report Exhibit G City Resolution Approving Option to Purchase Agreement TAB NEW BUSINESS City of Rialto Page 7 Printed on 3/13/2017 City Council Regular Meeting March 14, 2017 TAB2 17-071 Request City Council, Rialto Housing Authority, Rialto Utility Authority and Successor Agency to Accept the Fiscal Year 2015/2016 Audit Results and Receive and File the Fiscal Year 2015/16 Consolidated Annual Financial Report and Related Documents. (RECEIVE AND FILE) Attachments: City of Rialto - PDF Final 2016 CAFR City of Rialto Single Audit - PDF Final 2016 Report City of Rialto - PDF Final 2016 GAS Ltr City of Rialto - PDF Final 2016 ACL Exit Ltr City of Rialto - PDF Final 2016 UUT Compliance Report City of Rialto - PDF Final 2016 GANN Report Rialto Presentation TAB3 17-072 Request City Council to Approve a Contract Extension with White Nelson Diehl Evans, LLP for Audit Services for Fiscal Year Ending June 30, 2017, in the Amount of $93,074. (ACTION) Attachments: 5-14-13 Agenda item tab 3 2-9-16 Agenda item tab 2 Contract Amendment Form - Rialto Rialto EL Audit 2017 TAB4 17-165 Request City Council to Award the Bid to Performance Truck Repair to Refurbish One Fire Engine and issue a Purchase Order not to exceed $162,358. (ACTION) Attachments: Copy of RFB 17-052 FIRE ENGINE REFURBISHMENT-ABSTRACT.pdf TAB5 17-180 Request City Council to Adopt Resolution No. 7087 Approving an Increase of $80,000 to Fire Apparatus Solutions Purchase Order No. 2017-0201 for Fiscal Year 2016-17 for a total of $205,000 for Preventative Maintenance and Repairs of Fire Department Apparatus. (ACTION) Attachments: Budget Resolution for Fire Apparatus 2017.pdf City of Rialto Page 8 Printed on 3/13/2017 City Council Regular Meeting March 14, 2017 TAB6 17-132 Request City Council to (1) Adopt Resolution No. 7088 Approving a Construction and Credit Agreement by and between the City of Rialto and Proficiency Capital, LLC, and (2) Adopt Budget Resolution No. 7089 amending the FY16/17 Budget increasing expenditures of $1,071,846 for street improvements and $269,682 for sewer improvements. (ACTION) Attachments: Exhibit A - Site Map Exhibit B - PPD No 2453 Exhibit C - Construction Credit and Reimbursement Agreement Exhibit D - Off-Site Street Improvements Exhibit E - Offsite sewer cost 2-14-17 Exhibit F - Resolution Exhibit G- Budget Resolution - Shaw Construction Credit Agreement TAB7 17-179 Request City Council to Approve Professional Services Agreement with Lynn Merrill and Associates, Inc., for for business inspection, historic survey update, and economic development services to the Development Services Department for a maximum of $43,000, which increases the total contract amount from $12,379 to $55,379. (ACTION) Attachments: Exhibit A - Historic Survey Exhibit B - Economic Development Services Exhibit C - Professional Short Services Agreement Short Form - Lynn Merrill Exhibit D - Budget Resolution TAB8 17-189 Request City Council to 1) Approve Master Plan for the Cactus/Randall Park Development Project; 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 Cactus/Randall Park Development Project in the Amount of $315,611 for City Project No. 150303, for a total contract amount of $543,491; and 3) Adopt Budget Resolution No. 7081 for the Cactus/Randall Park Development Project. (ACTION) Attachments: Attachment 1 - Rialto Park Surveys - Final Report Attachment 2 - 2-21-16 Final Draft Cactus-Randall Master Plan Attachment 3 - 2-21-17 Cactus-Randall Park Est Construction Cost Attachment 4 - First Amendment CWDG Attachment 4- Exhibit A Presentation.pdf City of Rialto Page 9 Printed on 3/13/2017 City Council Regular Meeting March 14, 2017 TAB9 17-168 Request City Council to (1) Find the Bid Submitted by Haitbrink Asphalt Paving Inc. to be Non-responsive and Reject the Bid; (2) to Adopt Resolution No. 7090 for On-Call Permanent Trench Repair Paving; (3) Award a Construction Contract to Hardy & Harper, Inc., a California Corporation, in the amount of $189,575 for FY2016/2017 and in the amount of $250,000 for FY2017/2018 for the On-Call Permanent Trench Repair Paving for Water and Wastewater Facilities, City Project No. 170809. (ACTION) Attachments: Attachment 1 - HAPI request DQ Attachment 2 - Check A License - License Detail Hardy Harper Attachment 3 Construction Contract 03-08-2017 Attachment 4 - Notice of Exemption Attachment 5 - Est FY 16-17 FY 17-18 Standard Drawing SC-231 Budget Resolution TAB10 17-138 Request City Council/Rialto Utility Authority to Approve Augmentation of the Operating Repair and Replacement funds for eligible Projects as listed for Fiscal Year 2016/2017 and 2017/2018 by the amount of $175,000 and $75,000, and adopt Budget RUA Resolution No. 001-17 for Wastewater and Water respectively, adding to the budget available to Rialto Water Services for the Water and Wastewater Facilities. (ACTION) Attachments: Budget Reso Attachment 1 - 2016 2017 Wastewater ORR Attachment 2 - FY 2016 2017 Water ORR Attachment 3 - FY17 & 18 Wastewater ORR Attachment 4 - 17 & 18 Water ORR Attachment 5 - Notice of Exemption ORR REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 10 Printed on 3/13/2017 City Council Regular Meeting March 14, 2017 City of Rialto Page 11 Printed on 3/13/2017