City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, December 12, 2017 5:00 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY AUTHORITY, 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 December 12, 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. 1598 Next Resolution No. 7267 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 Page 2 Printed on 12/7/2017 City Council Regular Meeting December 12, 2017 1 17-1131 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) Robert Williams III v. City of Rialto WCAB SAC0000178758 & SAC0000178736 (b) Geoffrey v. City of Rialto WCAB SAC0000178701 & SAC0000180256 (c) Carl E. Jones, Christopher Hice v. City of Rialto, et al U.S. District Court, Case No: 5:17-cv-01650-GW-(KKx) 2 17-1139 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: Interim City Administrator, Unrepresented RMMA Bargaining Unit RCEA Bargaining Unit RPBA Mgmt. Bargaining Unit RPBA General Bargaining Unit RFMA Bargaining Unit Rialto Firefighters Local 3688 3 17-1140 Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Pro Tem Ed Scott INVOCATION-Pastor Harry Bratton-Greater Faith Grace Bible Church City Attorney’s Report on Closed Session Page 3 Printed on 12/7/2017 City Council Regular Meeting December 12, 2017 PRESENTATIONS AND PROCLAMATIONS 1 17-1141 Resolution-In Memoriam of Vernon Thompson Jr. Mayor Deborah Robertson 2 17-1146 Certificate of Recognition-Marion Black Mayor Deborah Robertson 3 17-1142 Certificate of Recognition-Jr. Peewee Panthers Championship Council Member Joe Baca Jr. ORAL COMMUNICATIONS (5-minute time limit) 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 17-1128 Resolution No. 8 (08/25/17) Attachments: Warrant Resolution No. 8.pdf B.2 17-1129 Resolution No. 8A (08/25/17) Attachments: Warrant Resolution No. 8A.pdf C. APPROVAL OF MINUTES C.1 17-1132 Regular City Council Meeting - November 28, 2017 Attachments: November 28 2017 minutes.pdf D. CLAIMS AGAINST THE CITY D.1 17-1134 Claim Equilon - Appeal Measure U. Attachments: Claim-Equilon-Appeal Measure U.pdf E. MISCELLANEOUS Page 4 Printed on 12/7/2017 City Council Regular Meeting December 12, 2017 E.1 17-1043 Request City Council to Approve Agreements for Temporary Construction Easements with Three (3) Property Owners on Randall Avenue between Cactus Avenue and Riverside Avenue in the Total Amount of $13,250.00 for the Randall Avenue Widening Project, City Project No. 140809. Attachments: Attachment 1-Agreement-APN-0132-011-17 Attachment 2-Agreement-APN-0132-031-09 Attachment 3-Agreement -APN-0132-031-21 Attachment 4-NOD Randall Attachment 5-IS-MND-Randall E.2 17-1081 Request City Council to (1) Accept the Baseline Road and Acacia Avenue Traffic Signal Upgrade Project , City Project 140815; (2) Authorize Filing of the Notice of Completion; and (3) Authorize Release of Retention to Old Republic Surety Company. Attachments: Attachment 1-Old Republic Surety Agreement Attachment 2-Notice of Completion-Baseline and Acacia Attachment 3-CCO 1 Attachment 4 - Notice of Exemption Attachment 5 GASB34 BaselineAcacia TS E.3 17-1082 Request City Council to (1) Adopt Resolution No. 7252 Authorizing the Public Works Director/City Engineer to Execute Various Documents Required for Transportation Projects with State and Federal Funding, Including Right-of-Way Certifications; (2) Adopt Resolution No. 7253 Adopting the Caltrans Local Assistance Procedures for Architectural and Engineering Consultant Selection and Procurement for Services Related to Federal- and State-Funded Transportation Projects. Attachments: Attachment 1-Resolution No.5700 Attachment 2-LAPM Chapter 10 Resolution-Master and Supplement Agreements Resolution-LAPM 11-21-17 E.4 17-1085 Request City Council to (1) Accept the Riverside Avenue and Linden Avenue Traffic Signal and Street Improvement Project, City Project 120802; (2) Approve Contract Change Order No. 1 in the Amount of $44,395.50; (3) Authorize Filing of the Notice of Completion; and (4) Authorize Release of Retention to Vance Corporation, Inc. Attachments: Attachment 1-Notice of Compleletion -Riverside and Linden. Attachment 2-CCO No 1. Attachment 3-Notice of Determination GASB34 120802 Page 5 Printed on 12/7/2017 City Council Regular Meeting December 12, 2017 E.5 17-1109 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for October 2017. Attachments: Exhibit A Airport Escrow Statement of Income and Expense October 31 2017.pdf Exhibit B CalTrust and FSB Statements for Airport Escrow October 2017.pdf Exhibit C CalTrust and FSB Statements for Protocol Account October 2017.pdf Exhibit D Protocol Account Income and Expense CY 2017.pdf E.6 17-1114 Request City Council to Accept a Donation in the Amount of $7,483.48 from the Lorne Eastwood Rescue Equipment Trust Fund, Adopt Budget Resolution No. 7254 and Direct Staff to Restrict the Use of the Funds to the Purchase of Rescue Equipment. Attachments: Budget Resolution- Rescue Equipment.doc E.7 17-1118 Request City Council to Adopt Resolution No. 7255 Approving the Summary Vacation of Existing Excess Right-of-Way Along Easton Street on the Northeast Corner of the Intersection of Ayala Drive and Renaissance Parkway in the Freeway Incubator (FI) Zone of the Renaissance Specific Plan. Attachments: Attachment 1 - Ayala & 210_Vacation Letter Attachment 2 - RSP Mobility Plan Element Attachment 3 - Location, Legal & Plat Attachment 4 - Resolution Summary Street Vacation of Easton 11-28-17 Exhibit A - Location, Legal & Plat E.8 17-1122 Request City Council to Approve an Increase to Purchase Order No. 2018-0725 with Law Office of Kathy M. Gandara in the Amount of $13,350 for a Total of $28,350 to Cover Additional Costs Associated with Personnel Investigative Services. Attachments: Budget - Gandara, Kathy Scope of Services - K. Gandara E.9 17-1130 Request City Council to Adopt Resolution No. 7256 Authorizing the Destruction of Certain Municipal Records of the Finance Department. Attachments: Finance Destruction Reso.pdf Page 6 Printed on 12/7/2017 City Council Regular Meeting December 12, 2017 E.10 17-1113 Request City Council to Adopt Resolution No. 7257 Approving a Ground Lease with LHR Renaissance Marketplace South, LLC for the installation of three freeway-oriented signs on City property situated north of Renaissance Parkway, just east of Linden Avenue. Attachments: Exhibit A Freeway Sign Locations.pdf Exhibit B - Sign Design Exhibit C - Ground Lease (12.5.17) FINAL Exhibit D - Resolution TAB PUBLIC HEARING TAB1 17-1112 Request City Council to Conduct a Public Hearing Approving Resolution No. 7258 for the Draft Environmental Impact Report (Environmental Assessment Review 2017-0072) and Resolution No. 7259 for Specific Plan 2017-0001, commonly known as the Pepper Avenue Specific Plan (Master Case 2017-0042). (ACTION) (POWERPOINT) Attachments: Exhibit A - Transportation Commission Minutes 05-04-16 Exhibit B - Planning Commission Resolution No. 17-49 SP 2017-0001 Exhibit C - Pepper Avenue Land Use Plan Exhibit D - Pepper Avenue Specific Plan Exhibit E - Pepper-Avenue-Specific-Plan-Draft-EIR_ Exhibit F - Pepper Avenue FEIR -RTC and Mitigation Monitoring Exhibit G - Future 2035 Noise Levels Exhibit H - Letter from BBC Exhibit J - CEQA EIR CC Resolution Exhibit K - SOC_Pepper Ave SP Exhibit L - Specific Plan CC Resolution Pepper Avenue Specific Plan PPT -CC (REVISED 12-7-2017) Page 7 Printed on 12/7/2017 City Council Regular Meeting December 12, 2017 TAB2 17-1119 Request City Council to Conduct a Public Hearing to Adopt Resolution No. 7260 Approving General Plan Amendment No. 2017-0004 entitled “A Resolution of The City Council Adopting the 2014-2021 Housing Element of the Rialto General Plan”. (ACTION) (POWERPOINT) Attachments: Exhibit A - Final Draft 2014-2021 Rialto Housing Element Exhibit B - HCD Approval letter Exhibit C - Rialto_Housing_Element_Spanish_flyer Exhibit D - Rialto_Housing_Element_flyer Exhibit E - Rialto Housing Element PC Resolution.docx Exhibit F - Rialto Housing Element CC Resolution CC Powerpoint TAB NEW BUSINESS TAB3 17-1105 Request City Council to Approve the Second Amendment to the Professional Services Agreement for Contract Financial Officer Services with MV Cheng & Associates in an Amount Not to Exceed $50,000 for a Total Contract Amount of $100,000. (ACTION) Attachments: PSA Second Amendment - MV Cheng & Associates Exhibit A - PSA MV Cheng & Associates Relationship Disclosure TAB4 17-1104 Request City Council to Approve Advantage Business Forms as print vendor to facilitate the production of the Annual Calendar along with the winter/spring and summer 2018 issues of the Rialto Progress Magazine in the Amount of $64,000. (ACTION) Page 8 Printed on 12/7/2017 City Council Regular Meeting December 12, 2017 TAB5 17-1008 Request Rialto Housing Authority Approve (1) the First Amendment to the Affordable Housing, Financing and Disposition and Development Agreement by and between the Rialto Metrolink South Housing Partners LP and the RHA, and (2) the Amendment to the Promissory Note between the Rialto Metrolink South Housing Partners LP and the Rialto Housing Authority increasing the Debt from $250,000 to $450,000; Request the City Council Authorize (3) the Release of Request for Bid No. 18-052 for the Metrolink Parking Lot Expansion Project, City Project No. 170808; Request the City Council and the Rialto Housing Authority Approve a (4) Purchase and Sale Agreement conveying a portion of Rialto Housing Authority property situated on the north side of Bonnie View Drive and west of Riverside Avenue (APN 0130-021-33 and APN 0131-021-40) to the City of Rialto for total cost of $359,000. (ACTION) Attachments: Exhibit A - Map Exhibit B - Affordable Housing Agreement Exhibit C - Revised Site Plan Exhibit D - Letter Exhibit E - Predevelopment Budget Exhibit F - Appraisal Exhibit G - First Amendment to DDA (Rialto) Exhibit H - Promissory Note Amendment Exhibit I - RFB 18-052 Notice Inviting Bids Exhibit J - PSA City-Authority 12-1-17 Disclosures TAB6 17-1117 Request City Council and Rialto Utility Authority Consideration and Approval of Joint Resolution No. 7261 Temporarily Reducing Sewer Connection Fees for Hotels with and without Restaurants until June 30, 2018. (ACTION) Attachments: Exhibit A Black & Veatch Study 2002 Exhibit B - Joint Resolution Page 9 Printed on 12/7/2017 City Council Regular Meeting December 12, 2017 TAB7 17-1127 Request City Council to (1) Adopt Resolution No. 7262 Approving a Construction and Credit Agreement by and between the City of Rialto and Caprock Partners LLC, and (2) Adopt Budget Resolution No. 7263 amending the FY17/18 Budget to Appropriate $396,700 from Specified Development Impact Fee Accounts. (ACTION) Attachments: Exhibit A FINAL (CapRock) Construction and Credit Agreement.docx Exhibit B Resolution Approving Construction Fee Credit Agreement with CapRock III.docx Exhibit C Budget Resolution for CapRock Construction Fee Credit Agreement.docx TAB8 17-1083 Request City Council to (1) Adopt Resolution No. 7264 Approving a Construction Fee Credit and Reimbursement Agreement by and between the City of Rialto and Lewis-Hillwood Rialto Company LLC, and (2) Adopt Budget Resolution No. 7265 amending the FY17/18 Budget to Appropriate $14,550,000 from Various Development Impact Fee Accounts. (ACTION) Attachments: Exhibit A LHR Fee Credit Agreement Project Map.pdf Exhibit B FINAL (LHR) Construction, Credit and Reimbursement Agreement.pdf Exhibit C Resolution Approving Construction Fee Credit Agreement with LHR.docx Exhibit D Budget Resolution for LHR Construction Fee Credit Agreement.docx TAB9 17-1101 Request City Council to Approve a Third Amendment to the Professional Services Agreement with Willdan Engineering, Inc., Reducing the Contract Amount from $530,620 to $450,620; and Approve a Second Amendment to the Professional Services Agreement with Interwest Consulting Group, Increasing the Contract Amount from $50,000 to $130,000, to Reallocate Costs for Building Services from Willdan Engineering Inc. to Interwest Consulting Group for Fiscal Year 2017/18 . (ACTION) Attachments: Exhibit A Exhibit B Page 10 Printed on 12/7/2017 City Council Regular Meeting December 12, 2017 TAB10 17-1121 Request City Council to Approve Resolution No. 7266 of the City Council of the City of Rialto Ratifying and Confirming the Adjustments of Water and Sewer Rates effective February 1, 2018 and Resolution No. 005-17 of the Rialto Utility Authority Ratifying and Confirming the Adjustments of Water and Sewer Rates effective February 1, 2018. (ACTION) Attachments: Attachment 1 - Resolution No 6119 Attachment 2 - Resolution No 005-15 Attachment 3 - City Council Resolution Attachment 4 - RUA Resolution TAB11 17-1091 Request City Council to Award a Professional Services Agreement to KOA Corporation and Authorize the Issuance of a Purchase Order in the amount of $83,130 for Engineering Design of the Etiwanda Corridor Active Transportation Program Improvements Project, City Project No. 160805. (ACTION) Attachments: Attachment 1-ATP CYCLE 2 RFP Attachment 2 - PSA KOA 11-21-17 Disclosure Form 11-27-17 Attachment 3 - Etiwanda Corridor Map TAB12 17-1124 Request City Council to Approve a Facilities Relocation Agreement, Joint Use Agreement, and Authorize the Issuance of a Purchase Order to Southern California Edison in the Amount of $75,000 for Relocation of Utility Poles for the Alder Avenue Phase 2 Widening Improvements, City Project No. 140801. (ACTION) Attachments: Attachment 1 - SCE Final Design Attachment 2 - Facility Relocation Agreement Attachment 3 - Invoice Attachment 4 JUA REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: Page 11 Printed on 12/7/2017 City Council Regular Meeting December 12, 2017 ADJOURNMENT Page 12 Printed on 12/7/2017