City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, January 9, 2018 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 Robb Steel Interim City Administrator City Council Regular Meeting January 9, 2018 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.1589 Next Resolution No. 7274 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 1/4/2018 City Council Regular Meeting January 9, 2018 1 18-003 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) Ortiz v. City of Rialto USDC Case No. 5:16-cv-01384 GHK (b) Mary Thompson v. City of Rialto SB County Superior Court, Case No. CIVIDS1700704 (c) City of Colton v. American Promotional Events, Inc, et al CD Cal Case No. ED CV 09-1864 PSG(SSx) and consolidated cases (d)Anderson v. City of Rialto,et al. USDC Case No. 5:16-cv-01915-JGB-SP 2 18-004 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 Claimant: Edward Palmer 3 18-020 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. 4 18-016 Conference with Labor Negotiator regarding the following recognized employee organization pursuant to Government Code Section 54957.4: Agency designated representatives: Fred Galante, City Attorney Robb Steel, Interim City Administrator 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 Page 3 Printed on 1/4/2018 City Council Regular Meeting January 9, 2018 PLEDGE OF ALLEGIANCE-Council Member Joe Baca Jr. INVOCATION-Pastor Mark Baur-First Baptist Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 18-007 Certificates of Appreciation for Departing Commissioners Mayor Deborah Robertson 2 18-021 Recognition of the Rialto Black History Committee-Dr. Martin Luther King Jr. Luncheon-Councilmember Rafael Trujillo 3 18-017 Presentation-Cardiac Survival in Rialto-Fire Chief Sean Grayson Attachments: Seven Tools Result in Dramatic Improvements in Cardiac Arrest Outcomes in Rialto, Calif.pdf 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 (ACTION) 1. Waive reading in full, all ordinances considered at this meeting. B. APPROVAL OF WARRANT RESOLUTIONS B.1 18-001 Resolution No. 24 (12/21/17) Attachments: Warrant Resolution No. 24.pdf B.2 18-002 Resolution No. 25 (01/04/18) Attachments: Warrant Resolution No. 25.pdf C. CLAIMS AGAINST THE CITY C.1 18-005 Barbara Amezquita - Vehicle Damage Attachments: Claim-Amezquita.pdf Page 4 Printed on 1/4/2018 City Council Regular Meeting January 9, 2018 C.2 18-006 Daisy Garcia - Vehicle Damage Attachments: Claim - Daisy Garcia.pdf D. SET PUBLIC HEARING D.1 18-008 Request City Council to Set a Public Hearing for January 23, 2018 to: (i) approve the Addendum to the Lytle Creek Ranch Specific Plan (LCRSP) Environmental Impact Report (EAR 2017-0053); and (ii) approve the LCRSP Amendment (SPA 2017-0002) to eliminate Neighborhood I, modify the land use configuration of Neighborhoods II and III, and update the text, tables, charts and maps; and (iii) approve Tentative Tract Map No. 20092 (TTM 2017-0005) to create six (6) lots, one (1) remainder lot and thirteen (13) lettered lots for public open space, utilities and infrastructure on a 188-acre portion of Neighborhood II to facilitate a 672 lot residential subdivision. Attachments: Exhibit A - Location Map Exhibit B - Admin El Rancho Verde Addendum 2017.10.30 Exhibit C - Revised Land Use Map Exhibit D - Neighborhood II Exhibit E - El Rancho Verde TTM 20092 Exhibt F - Appendix A - GP Consistency_v3 (Lylte Creek) PC Resolution-Addendum (Lytle Creek) PC Resolution - TPM 20092 (Lytle Creek) PC Resolution - LCRSP Amendment (Lytle Creek) PC Resolution - Revised Specific Plan D.2 17-1158 Request City Council to Set a Public Hearing for February 13, 2018, to Adopt a Resolution Establishing a Fair Share Fee to Recover Specific Plan/EIR and Infrastructure Improvement Costs for Projects Developed in the Pepper Avenue Specific Plan Area. E. MISCELLANEOUS Page 5 Printed on 1/4/2018 City Council Regular Meeting January 9, 2018 E.1 17-1110 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 October 2017. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense.pdf Exhibit B CalTrust and FSB Statements for Miro Way Escrow October 2017.pdf Exhibit C Alder Avenue Escrow Statement of Income and Expense.pdf Exhibit D CalTrust and FSB Statements for Alder Avenue Escrow October 2017.pdf Exhibit E Locust Avenue Escrow Statement of Income and Expense for October 2017.pdf Exhibit F CalTrust and FSB Statements for Locust Escrow October 2017.pdf E.2 17-1137 Request City Council to adopt Resolution No. 7267 approving the four dollar ($4.00) State mandated surcharge on business license applications and renewals, pursuant to Assembly Bill No. 1379 - Disability Access effective January 1, 2018 to December 31, 2023. Attachments: AB 1379 Resolution - AB 1379 Business License Fee Increase E.3 17-1160 Request City Council to (1) Approve a First Amendment to the Professional Services Agreement with IDS Group, Inc., in the amount of $36,231 for Civil and Architectural Design Services for Rialto Community Center ADA Path of Travel and Rialto Community Center Rehabilitation of Buildings 200 - 500; and Request City Council to (2) Authorize the Release of Request for Bids No. 18-061 for Rialto Community Center ADA Path of Travel; and (3) Authorize Request for Bids No. 18-062 for Rialto Community Center Rehabilitation Buildings 200 - 500. Attachments: Attachment 1 Attachment 2 Community Center Concept Plan Presentation E.4 17-1161 Request City Council to Adopt Resolution No. 7268 Authorizing the Submission of Grant Applications to the California Transportation Commission for the 2018 Local Partnership Program under the Road Repair and Accountability Act of 2017 (Senate Bill 1) for the Randall Avenue and Alder Avenue Widening Projects; and Authorize issuance of a Purchase Order with KOA Corporation in the Amount of $5,475 for Related Professional Services. Attachments: Resolution 01-09-2018 Page 6 Printed on 1/4/2018 City Council Regular Meeting January 9, 2018 E.5 17-1166 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for November 2017. Attachments: Exhibit A Airport Escrow Statement of Income and Expense November 30 2017.pdf Exhibit B CalTrust and FSB Statements for Airport Escrow November 2017.pdf Exhibit B CalTrust and FSB Statements for Contingent Liability Account November 2017.pdf Exhibit D Protocol Account Income and Expense Nov 2017.pdf E.6 17-1167 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 November 2017. Attachments: Exhibit B CalTrust and FSB Statements for Miro Escrow Nov 2017.pdf Exhibit C Alder Avenue Escrow Statement of Income and Expense for Nov 2017.pdf Exhibit D CalTrust and FSB Statements for Alder Escrow Nov 2017.pdf Exhibit E CalTrust and FSB Statements for Laurel.Locust.Walnut Nov 2017.pdf Exhibit F Locust.Laurel.Walnut Escrow Statement of Income and Expense for Nov 2017.pdf Exhibit A Miro Way Escrow Statement of Income and Expense for Nov 2017.pdf E.7 17-1176 Request City Council to Approve Professional Service Agreement Amendment #1 with Lockwood Engineering Company to provide additional engineering services related to County Property at the southwest corner of Casmalia Avenue and Alder Avenue and increase the Purchaser Order amount from $19,500 to $30,000. Attachments: Exhibit A - Map Exhibit B - Proposal Exhibit C - Professional Agreement Amendment City1 E.8 17-1172 Request City Council to Authorize Release of Request for Proposals No . 18-056 for the Design and Printing of the Rialto Progress Community Magazine. Attachments: RFP 18-056 Production of Community Magazine E.9 17-1169 Request City Council to Approve the Second Amendment to the I-10/Riverside Avenue Interchange Landscape Project with San Bernardino County Transportation Authority (SBCTA). Attachments: 10675 v2 Page 7 Printed on 1/4/2018 City Council Regular Meeting January 9, 2018 E.10 18-019 Request Rialto Utility Authority to Approve the First Amendment to the Ground Sublease by and between the Rialto Utility Authority and Rialto Bioenergy Facility LLC. Attachments: Exhibit A Fully Executed Lease Agreement with RBF Exhibit B First Amendment to RBF Sublease Rialto FINAL TAB PUBLIC HEARING TAB 1 17-1150 Request City Council to Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting District No. 2 to Adopt Resolution No. 7269 Declaring the Results of the Property Owner Protest Ballot Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Territory to the Rialto Landscaping and Lighting District No. 2, Commencing in Fiscal Year 2018/2019; and Adopt Resolution No. 7270 Confirming the Engineer’s Report Regarding the Annexation of Territory to the Rialto Landscaping and Lighting District No. 2, the Levy of Annual Assessments Described Therein, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments Commencing in Fiscal Year 2018/2019 for Said Annexation. (ACTION) (POWERPOINT) Attachments: Attachment 1 - Engineer's Report Attachment 2 - LLD2 Boundary Map FY1718 Rialto-LLD2-Annexation PH Reso 1 FY1718 Rialto-LLD2-Annexation PH Reso 2 Power Point Presentation LLD2 New Annexations TAB NEW BUSINESS Page 8 Printed on 1/4/2018 City Council Regular Meeting January 9, 2018 TAB 2 17-1168 Request that City Council approve the following resolutions: (i) Resolution No. 7242 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DECLARING A FISCAL EMERGENCY PURSUANT TO ARTICLE XIII C SECTION 2(b) OF THE CALIFORNIA CONSTITUTION”. (ii) Resolution No. 7243, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION ON APRIL 10, 2018 TO VOTE ON A MEASURE TO CONTINUE THE UTILITY USER TAX FOR 5 ADDITIONAL YEARS IN ORDER TO MAINTAIN THE CURRENT LEVEL OF CITY SERVICES FOR THE RESIDENTS OF RIALTO; ORDERING THE SUBMITTAL OF THE ORDINANCE TO THE VOTERS AT THE SPECIAL ELECTION; REQUESTING THE SAN BERNARDINO COUNTY BOARD OF SUPERVISORS TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE ADMINISTERED BY THE CITY’S ELECTIONS OFFICIAL AND HELD ON APRIL 10, 2018 AND DIRECTING THE CITY’S ELECTIONS OFFICIAL TO CONDUCT THE ELECTION”. (iii) Resolution No. 7244, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS”. (iv) Resolution No. 7245, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS”. (v) Resolution No. 7246, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING ITS 2017-2018 FISCAL BUDGET FOR THE ELECTION COSTS RELATED TO THE UTILITY USERS TAX MEASURE”. (ACTION) Page 9 Printed on 1/4/2018 City Council Regular Meeting January 9, 2018 Attachments: Exhibit A UT Voting History.pdf Exhibit B Rialto Voting Registration.pdf Exhibit C Staff Report and Minutes for Declaration of Fiscal Emergency July 2017.pdf Exhibit D Staff Report and Minutes for Formation of BAC.pdf Exhibit E Utility Tax Polling Results.pdf Exhibit F-1 BAC Complete Agenda - October 16, 2017 (Compressed).pdf Exhibit F-2 BAC Agenda - November 6, 2017.pdf Exhibit F-3 BAC Complete Agenda - November 20, 2017.pdf Exhibit G BAC Complete Agenda - December 18, 2017.pdf Exhibit H Reso re Fiscal Emergency - Extending UUT.docx Exhibit I-1 Reso Calling Special and Request for Services- Extending UUT (April 10, 2018) Exhibit I-2 Ordinance Extending Rialto's Utility Users Tax (April 10, 2018 ) Exhibit J Reso Authorizing UUT Arguments and Impartial Analysis (April 10, 2018) Exhibit K Reso Authorizing UUT Rebuttals (April 10, 2018) Exhibit L - Budget Resolution for April 10, 2018 Special Election Exhibit M Reso re Fiscal Emergency - Extending UUT June 5, 2018 Exhibit N-1 Reso re Calling Special and Request Conslidation for Extending UUT June 5, 2018 Exhibit N-2 Ordinance Extending Rialto's Utility Users Tax June 5, 2018 Exhibit O Reso authorizing UUT arguments and impartial analysis June 5, 2018 Exhibit P Reso authorizing UUT Rebuttals June 5, 2018 Exhibit Q Budget Resolution for June 5, 2018 Special Election TAB 3 17-1163 Request City Council to Adopt Resolution No. 7271 Appointing Robb Steel as Interim City Administrator and Approving the Interim City Administrator Compensation and Terms Effective December 24, 2017. (ACTION) Attachments: Interim City Administrator Appointment Reso TAB 4 17-1147 Request City Council to Approve Amendment #1 to Exclusive Right to Negotiate Agreement with NewMark Merrill for the Development of Approximately 15.5 Acres of Property located west of Riverside Avenue and north of Valley Boulevard. (ACTION) Attachments: Exhibit A - ENA Agreement Exhibit B - Site Map Exhibit C - Option Site Plans Exhibit D - ENA Amendment#1 NewMark Merrill 12-6-17 clean Page 10 Printed on 1/4/2018 City Council Regular Meeting January 9, 2018 TAB 5 17-1080 Request City Council to Authorize a Purchase Order (PO) Increase in the Amount of $544,200 for a cumulative total of $1,018,200 with Lockwood Engineering Company for “On-Call” Civil Engineering Plan Check and Other Related Engineering Services in Fiscal Year 2017-2018. (ACTION) Attachments: Attachment 1 Completed LD Projects Attachment 2 Ongoing LD Projects Attachment 3 Future LD Projects Attachment 4 - Disclosure Form TAB 6 17-1124 Request City Council to Approve a Facilities Relocation Agreement and 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 - Facilities Relocation Agreement Attachment 3 - Invoice Attachment 4 JUA Attachment 5 - Initial Study, MND TAB 7 17-1162 Request City Council to Adopt Resolution No. 7272 Accepting the California Department of Transportation (Caltrans), Division of Transportation Planning FY2017-2018 Sustainable Communities Grant in the Amount of $200,000 with Local Matching Funds in the Amount of $25,912 under the Road Repair and Accountability Act of 2017 (Senate Bill 1) for an Active Transportation Plan, and Authorize the Release of Request for Proposals for Professional Services to Develop the Active Transportation Plan. (ACTION) Attachments: Resolution 01-09-2018 ATP TAB 8 17-1123 Request City Council to Authorize Issuance of a Purchase Order Increase to Lynn Merrill and Associates, Inc., in the Not-To-Exceed Amount of $106,903.25 for a Total Cumulative Amount of $276,903.25 for Capital Project Management and Support Services during Fiscal Year 2017-2018. (ACTION) Attachments: Attachment 1 - Proposal Page 11 Printed on 1/4/2018 City Council Regular Meeting January 9, 2018 TAB 9 17-972 Request City Council to (1) Adopt Resolution No. 7273; (2) Authorizing the Issuance of a Purchase Order to Musco Sports Lighting, LLC in the Amount of $153,005 for the Design and Fabrication of the Frisbie Park Sports Field Lights; (3) Authorize the Release for Bids to Complete the Installation of the Lights and the Associated Improvements, (4) Authorize the reallocation of $210,000 for the Bud Bender Sports Field Lights; and (5) Authorize the Issuance of a Purchase Order Change Notice to Musco Sports Lighting, LLC in the Amount of $136,374 for the Design and Fabrication of the Bud Bender Park Sports Field Lights. (ACTION) Attachments: Resolution 01-09-2018 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT Page 12 Printed on 1/4/2018