City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, May 9, 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 May 9, 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.1591 Next Resolution No.7127 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 17-420 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) Benjamin Limon v. City of Rialto Case No.2:16-cv-3938 FMO, US District Court Central District of CA (b) Victor Gregory v. City of Rialto WCAB SAC000017895 & SAC0000178696 City of Rialto Page 2 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 2 17-421 Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 3 17-422 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 0132-202-05 Negotiators: Robert Eisenbeisz, Public Works Dir./City Eng. Figueroa & Diaz Paz 4 17-452 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: 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-Pastor Bob Ruiz Calvary Chapel of Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS City of Rialto Page 3 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 1 17-423 Proclamation-Kids to Parks Day-Mayor Deborah Robertson 2 17-451 Certificates of Recognition-2017 CA State Science Fair Gold Medal Winners-Mayor Deborah Robertson & Council Member Rafael Trujillo 3 17-440 Proclamation-National Public Works Week-Mayor Deborah Robertson 4 17-436 Introduction of the Rialto Institute of Progress 7th Class City Administrator Mike Story 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 B.1 17-430 Resolution No. 39 (04/14/17) Attachments: Warrant Resolution No. 39.pdf B.2 17-433 Resolution No. 39A(04/14/17) Attachments: Warrant Resolution No. 39A.pdf B.3 17-431 Resolution No. 40 (04/21/17) Attachments: Warrant Resolution No. 40.pdf B.4 17-432 Resolution No. 41 (04/28/17) Attachments: Warrant Resolution No. 41.pdf C. APPROVAL OF MINUTES C.1 17-429 Regular City Council Meeting - April 25, 2017 Attachments: April 25 2017 minutes.pdf D. CLAIMS AGAINST THE CITY City of Rialto Page 4 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 D.1 17-424 Maria Rocha - Vehicle Damage Attachments: Claim-Rocha D.2 17-425 Alejandro Vasquez -Apaez-Vehicle Damage Attachments: Claim-Vasquez-Apaez D.3 17-426 Elizabeth Villegas -Vehicle Damage Attachments: Claim-Villegas D.4 17-427 Rose Claro -Vehicle Damage Attachments: Claim-Claro E. SET PUBLIC HEARING E.1 17-418 Request City Council to Set a Public Hearing for June 13, 2017, to Approve and Adopt the Budget Plan for Fiscal Year 2017-2018. E.2 17-411 Request City Council to Set a Public Hearing for June 13, 2017 to Consider and Approve the City’s 2017-2018 Annual Action Plan. Attachments: Set Public Hearing Exhibits City of Rialto Page 5 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 E.3 17-312 Request City Council to Set a Public Hearing for June 13, 2017, to consider Amendment No. 6 to the Agua Mansa Specific Plan, a request to modify the required amount of off-street parking for Warehouse/Storage uses contained within Table 10 of the Agua Mansa Specific Plan and Tentative Parcel Map No. 19636, a request to allow the consolidation of six (6) parcels of land (APNs: 0258-041-04, -06, -12, -32, -33, & -34) into one (1) 24.34 net-acre parcel of land to facilitate the development of a 525,110 square foot warehouse building. The project site is located at the northeast corner of Willow Avenue and Santa Ana Avenue within the Heavy-Industrial (H-IND) zone of the Agua Mansa Specific Plan. An Environmental Impact Report (Environmental Assessment Review No. 15-19) has been prepared for consideration in conjunction with the project. Attachments: Exhibit A - Location Map Exhibit B - Tentative Parcel Map No. 19639 Exhibit C - Site Plan Exhibit D - Building Elevations Exhibit E - Conceptual Landscape Plan Exhibit F - Planning Commission Agenda Report Exhibit G - Planning Commission Resolution No. 17-04 Exhibit H - Planning Commission Resolution No. 17-05 Exhibit I - Planning Commission Resolution No. 17-06 Exhibit J - Draft Environmental Impact Report Exhibit K - Final Environmental Impact Report Exhibit L - Native American Consultation Responses Exhibit M - CC Notice of Hearing F. MISCELLANEOUS F.1 17-364 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for March 2017. Attachments: Exhibit A Airport Escrow Statement of Income and Expense March 31 2017 Exhibit B CalTrust and FSB Statements for Airport Escrow March 2017 Exhibit C CalTrust and FSB Statements for City and LHR Protocol Escrow March 2017 Exhibit D Protocol Account Income and Expense March 2017 City of Rialto Page 6 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 F.2 17-371 Request City Council to Adopt Resolution Nos. 7117, 7118, 7119, and 7120 Setting the Special Tax Levy for Community Facilities District (CFD) 2016-1, 2006-1, 87-1, and 87-2 for Fiscal Year 2017/2018. Attachments: FY1718 Rialto - CFD 2016-1_Resolution_Special Tax Establishing FY1718 Rialto - CFD 2016-1_Resolution Exhibit A & B FY1718 Rialto - CFD 2006-1_Resolution_Special Tax Establishing FY1718 Rialto - CFD 2006-1_Resolution Exhibit A & B FY1718 Rialto - CFD 87-1_Resolution_Special Tax Establishing FY1718 Rialto - CFD 87-1_Resolution Exhibit A & B FY1718 Rialto - CFD 87-2_Resolution_Special Tax Establishing F.3 17-381 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 March 2017. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense for March 2017 Exhibit B CalTrust and FSB Statements for Miro Escrow March 2017 Exhibit C Alder Avenue Escrow Statement of Income and Expense for March 2017 Exhibit D CalTrust and FSB Statements for Alder Avenue Escrow March 2017 Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense for March 2017 Exhibit F CalTrust and FSB Statements for Locust.Laurel.Walnut Escrow for March 2017 F.4 17-391 Request City Council to Approve a Professional Services Agreement between the City of Rialto and Lockwood Engineering for ALTA land survey services related to the 18-acre site owned by the Successor Agency for proposed Fire Station 205 and retail center development for $16,800, increasing an existing Purchase Order to $31,700. Attachments: Exhibit A - Site Map Exhibit B - Lockwood ALTA Proposal Exhibit C - Professional Short Services Agreement Short Form - Lockwood PSA F.5 17-351 Request City Council to Adopt Resolution No. 7121 Authorizing the Submission of Grant Applications for $4,020,000 to the Urban Greening Program through the State of California Natural Resources Agency for the Joe Sampson Park and Cactus Trail Projects. Attachments: Resolution 05-03-2017 F.6 17-355 Request Rialto Housing Authority Board to Adopt RHA Resolution No. 03-17 Approving the Fiscal Year 2015/16 Housing Successor Agency’s Housing Activity Report pursuant to Health and Safety Code Section 34176.1(f). Attachments: Exhibit A - FY16 Housing Successor Annual Report Exhibit B - Resolution - Annual Housing Successor Report City of Rialto Page 7 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 F.7 17-405 Request City Council to Increase the Existing Purchase Order with Staffing Network by $11,000 for Temporary Support in the Development Services Department Licensing Division totaling $46,800 for Fiscal Year 2016/2017. F.8 17-284 Request City Council to Authorize an Increase to the Purchase Order with Vulcan Materials Company for Asphalt Product in the amount of $10,000 for a total amount of $25,000 in the 2016-2017 Fiscal Year . F.9 17-343 Request City Council to Authorize an Increase to the Purchase Order with the Daily Journal for Advertising Services in Public Works in the Amount of $10,000 for a Total Amount of $25,000 for Fiscal Year 2016/2017. F.10 17-368 Request City Council to (1) Accept the Annual Non-CDBG Curb, Gutter, and Sidewalk Improvement Project (Zone 1); (2) Authorize Filing of the Notice of Completion; and (3) Authorize Release of Retention to FS Contractors, Inc. Attachments: Attachment 1 - Contractor's Letter Attachment 2 - Notice of Completion 04-17-17 Attachment 3 - Contract Change Order No. 1 Attachment 4 - CGS location map zone 1 not completed Attachment 5 - Notices of Exemption F.11 17-362 Request City Council to Approve Lease Agreement between the City of Rialto and Terrence Harper for the John Longville Train Depot. Attachments: Exhibit A - Business Plan Exhibit B - Proposal Exhibit C - (Metrolink Station Lease) Terrance Harper Forum Blues Lease Agreement NEW Exhibit D - Building Floor Plan F.12 17-408 Request City Council to Adopt on Second Reading Ordinance No. 1589, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADDING SECTION 11.04.145 TO THE RIALTO MUNICIPAL CODE, TO PROVIDE FOR A PAVEMENT CUT MORATORIUM TO PRESERVE NEWLY PAVED STREETS,” Attachments: Ordinance No. 1589 F.13 17-419 Request City Council to issue a Facility Alcohol Use Permit to Rialto Chamber of Commerce for its 13th Annual “Taste of Rialto” to be held on June 1, 2017, at the Rialto Civic Center. Attachments: Letter of Request Taste of Rialto Lay Out City of Rialto Page 8 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 F.14 17-131 Request City Council to Approve Advantage Business Forms as print vendor to accommodate an unexpected change in vendor to facilitate the production of the Summer 2017 Issue of the Rialto Progress Community Magazine in the Amount of $36,000. TAB PUBLIC HEARING TAB1 17-399 Request City Council to Conduct a Public Hearing to Adopt Resolution No. 7122, Awarding 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 Improvement Project and Adopt Resolution No. 7123, Awarding an Energy Services Contract to Alliance Building Solutions, Inc., and Authorizing a Purchase Order for Holman Capital Corporation in the Amount of $30,000, in connection with the anticipated issuance of the City’s bonds for certain energy efficiency projects to be undertaken to save energy costs for City properties; such payment to be credited against closing costs for the bonds if and when issued. (ACTION) POWERPOINT Attachments: Attachment 1 - Alliance Agreement City of Rialto Final(003) Attachment A - Scope of Work Attachment B - Lighting Submittal Attachment C - HVAC Submittal Attachment D - Controls and Monitoring Attachment E - Solar PV Submittal City of Rialto - Tax-Exempt Lease Purchase Financing Resolution Final City of Rialto--New CREB Resolution Final Holman Capital - City of Rialto - Energy Project Financing Proposal (Finance) Holman Capital - City of Rialto - Solar Project Financing Proposal CITY OF RIALTO - ENERGY PREOJECT AMORTIZATION (Finance) CITY OF RIALTO - SOLAR PROJECT AMORTIZATION (Finance) Holman Capital Corporation - Public Sector and Not for Profit Financing Solutions (Finance) City of Rialto - Cash Flow Combined (Finance) PP - City of Rialto - Final Presentation City of Rialto Page 9 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 TAB2 17-404 Request City Council to Conduct a Public Hearing to introduce for first reading Ordinance No. 1590 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING CHAPTER 18.10 (R-1A, SINGLE FAMILY ZONE) OF THE RIALTO MUNICIPAL CODE AS IT PERTAINS TO ACCESSORY DWELLING UNITS.”, reading by title only and waiving further reading thereof. (ACTION) POWERPOINT Attachments: Accessory Dwelling Unit Matrix Power Point Exhibit A RESO No 17-03 - DCA No 2017-0001 (Accessory Dwelling Units) Exhibit B Ordinance No. 1212 (Second Units - 1994) Exhibit C Ordinance No. 1347 (Second Unit Amendment - 2003) Exhibit D Ordinance Changes Exhibit E Accessory Dwelling Unit Matrix Exhibit F Proposed Ordinance Accessory Dwelling Unit TAB NEW BUSINESS TAB3 17-401 Request City Council to Approve a Records Management System, Mobile Data, Computer Aided Dispatch, Property/Evidence Systems, CrimeMapping.com, CrimeView Desktop and Dashboard Annual Maintenance Agreement with TriTech Software Systems in the Amount of $147,355.25 for Fiscal Year 2017/2018. (ACTION) Attachments: Quote 4000237V Quote 0010719 TAB4 17-396 Request City Council to Approve the San Bernardino County Department of Health, Animal Care and Control Contract Amendment No. 3 for Fiscal Year 2017/2018 in the Amount of $309,139. (ACTION) Attachments: Amendment No. 3 City of Rialto Page 10 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 TAB5 17-400 Request City Council to 1) Approve the Master Plan for the Frisbie Park Expansion Project; 2) Approve the Second Amendment to the Professional Services Agreement with Community Works Design Group, Inc. for Phase II Final Engineering, Landscape Design, and Engineering Services for the Frisbie Park Expansion Project, in the Amount of $789,322 for City Project No. 150304, for a total contract amount of $903,262; and 3) Adopt Budget Resolution No. 7124 for the Frisbie Park Expansion Project. (ACTION) POWERPOINT Attachments: Attachment 1 - Rialto Park Surveys - Final Report Attachment 2 Frisbie Park North Master Plan Attachment 5 - Second Amendment CWDG Attachment 6 - Exhibit A to Amendment No. 2 Budget Resolution - 150304 Attachment 3 Frisbie Park South Master Plan 5-2-17 Attachment 4 Frisbie Park Construction costs Powerpoint 2017-05-09 Frisbie Park Council Meeting_rev3.pptx TAB6 17-363 Request City Council to Approve First Amendment to the Professional Services Agreement with Kosmont Companies, increasing the Purchase Order by $25,000 to a maximum of $100,500, to prepare a Reuse Strategy for the existing Walmart property and adjacent Successor Agency parcels located on the west side of Riverside Avenue between San Bernardino Avenue and Valley Avenue. (ACTION) Attachments: Exhibit A - Agreement Exhibit B - Site Map Exhibit C - Retail Plan (PowerPoint) Professional Agreement Amendment City TAB7 17-410 Request City Council to select NewMark Merrill as the preferred developer for the 15.5 acre residual Successor Agency Parcel west of Riverside Avenue and north of Valley Boulevard and direct staff to prepare an Exclusive Right to Negotiate Agreement for subsequent City Council consideration. (ACTION) Attachments: Exhibit A - Site Map Exhibit B - Rialto Gateway RFQ 11-14-16 Exhibit C - NEWMARK Exhibit D- Pacifica Companies Exhibit E - Majestic Realty Exhibit F - RFQ Developer Evaluation Round City of Rialto Page 11 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 TAB8 17-268 Request City Council to Approve a First Amendment to a Professional Services Agreement with Willdan Engineering, Inc. (Willdan) for as needed Permit Technician, Building Inspections, Fire Plan Check and Structural Plan Check Services in the amount of $176,100 for a total contract amount of $509,150 for the remainder of Fiscal Year 2016/17. (ACTION) Attachments: Exhibit A - Permit Technician Proposal Exhibit B - Willdan Accounting FY17 Exhibit C - Professional Services Agreement (Willdan) TAB9 17-434 Request City Council Consideration and Approval of Joint Resolution No. 7125 of the City Council and the Rialto Utility Authority to Temporarily Reduce Sewer Connection Fees for Full Service and Fast Service Restaurants until December 31, 2017. (ACTION) Attachments: Exhibit A Black & Veatch Study 2002 Exhibit B Joint Resolution Approving Sewer Rate Reduction TAB10 17-439 Request City Council to Approve and Authorize the Mayor to execute 1) An Agreement with the California State Department of Health Care Services (DHCS) authorizing transfer of Public Funds up to $1,924,990 to DHCS and Accept Supplemental Payments for Medi-Cal Services of up to $3,201,442; 2) Health Plan-Provider Agreements with participating Medi-Cal Managed Care Plan Provider(s); 3) An Agreement Authorizing the Payment of a 20% administrative fee to DHCS; and 4) Adopt Budget Resolution No. 7126. (ACTION) Attachments: 2015-16 16-17 Rate Range Intergovernmental Agreement Template IEHP - Rialto.docx 2015-16 16-17 Rate Range Intergovernmental Agreement Template Molina - Rialto 2015-16 16-17 Rate Range Template IEHP - Rialto Agreement.docx 2015-16 16-17 Rate Range Template Molina -Rialto Agreement 2015-16 16-17 20 Percent IGT Assessment Agreement IEHP - Rialto.docx 2015-16 16-17 20 Percent IGT Assessment Agreement Molina - Rialto Budget Resolution IGT 2017.doc City of Rialto Page 12 Printed on 5/8/2017 City Council Regular Meeting May 9, 2017 TAB11 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 4-27-17 Attachment 6 - Section 3 Bid Evaluation Memorandum and MBE-WBE Attachment 7 - Notice of Exemption (Filed Copy) TAB12 17-409 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 $1,414,492. (ACTION) POWERPOINT Attachments: Attachment 1 - Rialto Pre-Construction Street Light Map Series_20170201 Attachment 2 - Rialto LS-1 Cost Estimate Analysis Attachment 3 - City of Rialto Offer Extension proposal Attachment 4 - Rialto Siemens Contract - Final PP - City of Rialto- Street Light Program (5 9 17) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 13 Printed on 5/8/2017