City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, April 25, 2017 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 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 April 25, 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.7117 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 17-387 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) Timothy Brayshaw v. City of Rialto San Bernardino Superior Court CIVDS1614704 (b) Benjamin Limon v. City of Rialto Case No.2:16-cv-3938 FMO, US District Court Central District of CA 2 17-388 Conference with Legal Counsel - Anticipated Litigation: Initiation of City of Rialto Page 2 Printed on 4/24/2017 City Council Regular Meeting April 25, 2017 litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 3 17-378 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 Randall Ave between Riverside and Willow Ave. Property: Portion of APN 0132-031-09 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Ram Property Investment (b)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Riverside and Willow Ave. Property: Portion of APN 0132-031-08 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Jesse Berumen (c)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Riverside and Willow Ave. Property: Portion of APN 0132-031-13 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Diar LLC (d)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Riverside and Willow Ave. Property: Portion of APN 0132-021-22 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Jason Yang and Carol Yang (e)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Bloomington & Cactus Ave. City of Rialto Page 3 Printed on 4/24/2017 City Council Regular Meeting April 25, 2017 Property: Portion of APN 0132-011-19 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Bernardo Ramirez and Evelyn Ramirez (f)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Bloomington and Cactus Ave Property: Portion of APN 0132-011-17 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Billie Rae Durbin-Durbin Family Trust (g)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Bloomington and Cactus Ave Property: Portion of APN 0132-011-23 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Ignacio Negrete Jr. and Cecilla Benavides (h)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Riverside and Willow Ave. Property: Portion of APN 0131-231-12 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Syed Raza Zaidi and Sumerra Sabir Trust (I)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Riverside and Willow Ave. Property: Portion of APN 0132-021-18 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Gevork Martirosian & Anoush Torosian Martirosian (j)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Riverside and Willow Ave. Property: Portion of APN 0132-031-21 City of Rialto Page 4 Printed on 4/24/2017 City Council Regular Meeting April 25, 2017 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Ram Property Investment LLC (k)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Riverside and Willow Ave. Property: Portion of APN 0132-031-11 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Silvano Ulloa (l)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Riverside and Willow Ave. Property: Portion of APN 0132-031-23 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Randall Village LLC (m)Subject: Price and Terms-Right of Way Acquisition Randall Ave between Bloomington and Cactus Ave Property: Portion of APN 0131-191-31 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Ludwig and Elaine Barowoj 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Council Member Joe Baca Jr. INVOCATION-Pastor Bratton-Greater Faith Grace Bible Church City Attorney’s Report on Closed Session City of Rialto Page 5 Printed on 4/24/2017 City Council Regular Meeting April 25, 2017 PRESENTATIONS AND PROCLAMATIONS 1 17-366 Presentation of Recharge in Cactus Basins - June Hayes, Treasurer of the Board of the San Bernardino Municipal Water District POWERPOINT Attachments: Cactus Basins 2 17-382 Resolution of Appreciation-Fire Chief Mat Fratus Mayor Deborah Robertson 3 17-383 Introduction of Sean Grayson as New Fire Chief Mayor Deborah Robertson 4 17-384 Certificate of Recognition-Teen Center Participants Council Member Rafael Trujillo 5 17-385 Certificate of Recognition-Sara Urbieta Council Member Rafael Trujillo 6 17-386 Presentation-Relay for Life Sponsorship Recognition and Team Captain Certificates-Event Chairperson Shelly Gates 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 17-372 Resolution No. 37 (03/31/17) Attachments: Warrant Resolution No.37.pdf B.2 17-373 Resolution No. 38 (04/07/17) Attachments: Warrant Resolution No.38.pdf C. APPROVAL OF MINUTES C.1 17-374 Regular City Council Meeting - April 11, 2017 Attachments: April 11 2017 minutes.pdf City of Rialto Page 6 Printed on 4/24/2017 City Council Regular Meeting April 25, 2017 D. CLAIMS AGAINST THE CITY D.1 17-375 Marilyn Perry - Vehicle Damage Attachments: Claim-Perry.pdf D.2 17-376 Jeffery Woodson - Vehicle Damage Attachments: Claim-Woodson.pdf D.3 17-377 Elizabeth Santos - Vehicle Damage Attachments: Claim-Santos.pdf E. SET PUBLIC HEARING E.1 17-330 Request City Council to Set a Public Hearing for May 9, 2017 for Development Code Amendment No. 2017-0001, Introduction for First Reading of An Ordinance of the City Council approving an Amendment to Chapter 18.10.020. Permitted Uses (R-1A, Single Family Zone) of the Rialto Municipal Code as it pertains to accessory dwelling units. Attachments: Proposed City Council Ordinance Ordinance No. 1212 (Second Units - 1994) Ordiance No. 1347 (Second Unit Amendment - 2003) Accessory Dwelling Unit Matrix PC Resolution Accessory Dwelling Units.doc Exhibit A Proposed City Council Ordinance - accessory dwelling units.doc E.2 17-338 Request City Council to Set a Public Hearing for June 13, 2017, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 4th Quarter of the 2016 Calendar Year. Attachments: Attachment 1 - Residential and Commercial Lien List E.3 17-350 Request City Council to Set a Public Hearing for May 9, 2017, to Consider the Award of an Energy Services Contract to Alliance Building Solutions, Inc., and Associated Financing with Holman Capital Group in the Form of a Lease or a Facility Financing Contract for Energy Efficiency Equipment, Including but not Limited to Solar Panels, Efficient Lighting, Air-Conditioning and Control and Monitoring Systems. Attachments: Rialto Notice of Public Hearing Alliance Financing F. MISCELLANEOUS F.1 17-314 Request City Council, Acting as the Rialto Successor Agency, Approve Resolution No. SA7-17 for a Purchase and Sale Agreement by and City of Rialto Page 7 Printed on 4/24/2017 City Council Regular Meeting April 25, 2017 between the Rialto Successor Agency and Stacy Augustine and Jacqueline Augustine to purchase a Successor Agency parcel at 148 S. Riverside Avenue (APN# 0130-241-53) for $20,000. Attachments: Exhibit A - Map Exhibit B - Offer to Purchase 148 South Riverside Avenue Exhibit C - Purchase and Sale Agreement Exhibit D - Appriasal 148 S Riverside Ave Exhibit E - Resolution F.2 17-283 Request City Council to Authorize an Increase to the Purchase Order with the State Water Resources Control Board (SWRCB) for the National Pollution Discharge Elimination System (NPDES) MS4 Fee in the Amount of $14,519 for a total FY16-17 amount of $37,416; and Authorize a Purchase Order for the SWRCB for the FY17-18 NPDES MS4 Fee in the Not-to-Exceed Amount of $39,974. F.3 17-331 Request City Council to Adopt Resolution No. 7107 Approving Tract Map 19916, a Request to Subdivide a 5.37 Acre Parcel Located Along the South Side of Casmalia Street, West of Spruce Avenue, into Twenty-Two (22) Parcels and Related Subdivision Improvement Agreement. Attachments: Attachment 1 - PC Agenda Attachment 2 - TR 19916_Unrecorded Attachment 3 - Subdivision Improvement Agreement-04-20-17 Attachment 4 - Notice of Determination Resolution Approve TM 19916 04-12-17 F.4 17-335 Request City Council to Adopt Resolution No. 7108 Authorizing the Submission of Grant Applications to the California Department of Resources Recycling and Recovery (CalRecycle) for All Eligible Grant Funding Opportunities within the Next Five Years. Attachments: Resolution F.5 17-345 Request City Council to Adopt Resolution No. 7109 for the Placement of Liens Against Abandoned Properties for Failure to Comply with Administrative Citation to Correct Code Violations. Attachments: Exhibit A - Administrative Citation List Exhibit B - Resolution. F.6 17-340 Request City Council to Authorize an Increase to the Purchase Order with Inland Overhead Door for General Door Repairs in the amount of $5,000 for a total amount of $20,000 for Fiscal Year 2016-2017 . City of Rialto Page 8 Printed on 4/24/2017 City Council Regular Meeting April 25, 2017 TAB PUBLIC HEARING TAB1 17-315 Request City Council to Conduct a Public Hearing and, Following Closing of Public Hearing, 1. Adopt Resolution No. 7110, Authorizing The Annexation Of Territory To Community Facilities District No. 2016-1 (Annexation No. 1) And Authorizing The Levy Of A Special Tax And Submitting The Levy Of Tax To The Qualified Electors; And Adopt Resolution No. 7111, Calling A Special Election And Submitting To The Voters Of Annexation No. 1 Of City Of Rialto Community Facilities District No. 2016-1 (Public Services), Propositions Regarding The Annual Levy Of Special Taxes Within Annexation No. 1 To Finance Public Services, And The Establishment Of An Appropriations Limit; 2. Following Adoption of Resolutions in No. 1 above, Hold Election by Opening Ballots. 3. Following Election, if more than 2/3 of landowners vote in favor, Adopt Resolution No. 7112, Making Certain Findings, Certifying The Results Of An Election And Adding Property To Community Facilities District No. 2016-1 (Public Services), Annexation No. 1 . (ACTION) Attachments: Annex #1 Ex A Resolution 7085 - Resolution of Intention Annex #1 Ex B Resolution of Annexation (1) Annex #1 Ex C Resolution Calling a Special Election Annex #1 Ex D Resolution Certifying Election Results TAB2 17-369 Request City Council to Conduct a Public Hearing for April 25, 2017, to Adopt Resolution No. 7113 Approving the Naming of a Park to be built at the Northeast corner of Randall Avenue and Cactus Avenue “Joe Sampson Park”. (ACTION) Attachments: Facility Naming Policy Resolution 7113 TAB3 17-370 Request City Council to Conduct a Public Hearing for April 25, 2017, to Adopt Resolution No. 7114 Approve the Naming of the Renaissance Park, “Joe Baca, Sr./David Turch Park”. (ACTION) Attachments: Facility Naming Policy Resolution 7114 TAB NEW BUSINESS TAB4 17-356 Request Mayor to Make Appointments, with Concurrence of City Council, of Rialto Residents to various City Commissions and Authorize City of Rialto Page 9 Printed on 4/24/2017 City Council Regular Meeting April 25, 2017 the City Clerk to provide written Notifications. (ACTION) Attachments: Notice of Vacancies Commission Applicants TAB5 17-347 Request City Council/Rialto Utility Authority to Approve an Amendment to the Final Construction Work Authorization Increasing the Amount by $105,480 to Rialto Water Services for Additional Scope of Work for the Wastewater Facility Improvement Project S3 - Sewer Main Replacement on Sycamore Avenue and authorize the use of Development Impact Fees for the project. (ACTION) Attachments: Attachment 1 Attachment 2 - NOE S3 Sewer Main Replacement TAB6 17-348 Request City Council/Rialto Utility Authority to Approve an Amendment to the Final Construction Work Authorization in the amount of $106,280 to Rialto Water Services for the Wastewater Facility Improvement Project S4 - Sewer Main Replacement on Etiwanda and Willow Avenues and authorize the use of Development Impact Fees for the project. (ACTION) Attachments: Attachment 1 Attachment 2 - NOE S4 Sewer Main TAB7 17-332 Request City Council to Approve a Final Construction Work Authorization in the amount of $220,165 to Rialto Water Services for the Water Facility Improvement Project WD - Dead End Mains Project. (ACTION) Attachments: Attachment 1 - WD FCWA Attachment 2 - NOE Dead End Mains TAB8 17-333 Request City Council to Approve a Final Construction Work Authorization in the amount of $99,554 to Rialto Water Services for the Water Facility Improvement Project SA - Manhole Rehabilitation-Year 5. (ACTION) Attachments: Attachment 1 - FCWA Manhole Rehab Year 5 Attachment 2 - SA Manhole Rehab NOE TAB9 17-346 Request City Council to Approve the Seventh Amendment to the Professional Services Agreement with West Yost Associates and increase the Contract budget by $584,905 for the Current Fiscal Year. Attachments: Attachment 1 - West Yost Proposal Attachment 2 - 7thAmendment to PSA 04-19-2017 TAB10 17-336 Request City Council to Adopt Budget Resolution No. 7115, Contract Change Order No. 3 with Hillcrest Contracting Inc., a California City of Rialto Page 10 Printed on 4/24/2017 City Council Regular Meeting April 25, 2017 Corporation in the amount of $626,681.00 and approve a P.O. increase to Willdan Engineering in the amount of $70,356.00 for Construction Management and Inspection Services for the Jerry Eaves Park Parking Lot Expansion Project No. 170303. (ACTION) Attachments: Attachment 1 - February 28, 2017 S.R. Attachment 2 - CCo No. 3 Attachment 3- Notice Of Exemption Attachment 4 - CM and Inspection Proposal Budget Resolution 04-20-2017 TAB11 17-354 Request City Council to introduce for first reading Ordinance No. 1589, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADDING SECTION 11.04.145 TO THE OF THE RIALTO MUNICIPAL CODE, TO PROVIDE FOR A PAVEMENT CUT MORATORIUM TO PRESERVE NEWLY PAVED STREETS,” reading by title only and waiving further reading thereof. (ACTION) Attachments: Trench Cut Moratorium-Ordinance - 03-31-2017 TAB12 17-349 Request City Council to (1) Reject the bid from Cross Concepts, LLC; and (2) Award a Construction Contract to Hardy & Harper, Inc., in the amount of $133,000 for the Annual CDBG Curb, Gutter, & Sidewalk Improvement Project. (ACTION) Attachments: Attachment 1 - Project List and Location Map Attachment 2 - Full Bid Summary Attachment 3 - Email from Cross Concepts Attachment 4 - License & Reference Check (Hardy & Harper) Attachment 5 - Construction Contract 4-5-17 Attachment 6 - Section 3 Bid Evaluation Memorandum and MBE-WBE Attachment 7 - Notice of Exemption (Filed Copy) TAB13 17-339 Request City Council to Adopt Resolution No. 7116 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING MUNICIPAL SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL SERVICE RATES FOR FISCAL YEAR 2017/2018” and Burrtec’s Annual Residential Tax Roll Billing (Paperless) Program effective July 1, 2017. (ACTION) POWERPOINT City of Rialto Page 11 Printed on 4/24/2017 City Council Regular Meeting April 25, 2017 Attachments: Attachment 1 - Prop 218 Rates Attachment 2 - Rialto Rates 2017-18 Attachment 3 - 2015-16 Annual Street Overlay Project Map Attachment 4 - 2016-17 Annual Street Overlay Project Map Attachment 5 - Slurry Seal Zone Map Attachment 6 - Upcoming Slurry Seal Work - Zone 5 Resolution PP- Rialto 2017 Rate Review 041017 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 12 Printed on 4/24/2017