City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, February 27, 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 February 27, 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.1601 Next Resolution No.7297 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 2/22/2018 City Council Regular Meeting February 27, 2018 1 18-186 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) Carl E. Jones, Christopher Hice v. City of Rialto, et al U.S. District Court, Case No: 5:17-cv-01650-GW-(KKx) (b) Mary B. Thompson v. City of Rialto SB County Superior Court, Case No. CIVIDS1700704 (c) Equilon Enterprises v. City of Rialto SB County Superior Court, Case No. CIVIDS1602980 (d) Phillips 66 Company v. City of Rialto SB County Superior Court, Case No. CIVIDS1516839 (e) SFPP, L.P. v. City of Rialto SB County Superior Court, Case No. CIVIDS1603260 (f) Tesoro Logistics Operations, LLC v. City of Rialto SB County Superior Court, Case No. CIVIDS1603163 (g) Mark Horvath v. City of Rialto SB County Superior Court, Case No. CIVIDS1725400 2 18-188 Conference with Legal Counsel - Anticipated Litigation: Initiation to litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 3 18-197 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 18-187 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-Real Property Acquisition Property: APN 0130-161-27 119 N. Riverside Avenue Northeast corner of First St. and Riverside Ave. Negotiators: Robb R. Steel, Interim CA/Development SVS. Director Refujio Johnson, Cuca’s Mexican restaurant 6:00 p.m. Page 3 Printed on 2/22/2018 City Council Regular Meeting February 27, 2018 Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Deborah Robertson INVOCATION-Pastor Mike Seewald-The Bible Church of the Nazarene City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 18-190 Resolution of Appreciation-George Apker-Mayor Deborah Robertson 2 18-191 Resolution In Memorium of Phyllis Hagmann-Mayor Deborah Robertson 3 18-192 Resolution In Memorium of Daphne McAfee-Mayor Deborah Robertson 4 18-193 Certificate of Recognition-Lynn Summers-Council Member Rafael Trujillo 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 18-173 Resolution No. 30 (02/08/18) Attachments: Warrant Resolution No. 30.pdf B.2 18-174 Resolution No. 31 (02/15/18) Attachments: Warrant Resolution No. 31.pdf C. CLAIMS AGAINST THE CITY Page 4 Printed on 2/22/2018 City Council Regular Meeting February 27, 2018 C.1 18-177 Jorge Palacious - Vehicle Damage Attachments: Claim - Palacios C.2 18-178 Arlene Ogburn - Traffic Accident Attachments: Claim - Ogburn D. SET PUBLIC HEARING D.1 18-154 Request City Council to Set a Public Hearing for March 13, 2018 to Approve the Naming of a Softball Field to be built on the south side of Frisbie Park, “Priscilla Mejia Field”. E. MISCELLANEOUS E.1 18-075 Request City Council to Approve (1) a purchase order with G/M Business Interiors in the amount of $30,999.93 for the purchase of workstations and office furniture, (2) Accept the removal and installation of flooring with Coastal Flooring Surfaces in the Amount of $11,844.71, and (3) Accept the Installation of Electrical Additions with Champion Electric Inc. in the Amount of $2,473.00 for the Rialto Network Trailer Remodel. Attachments: Co of SB Primary Vendor 5yr Contract eff 4-5-16 G-M Quotation 145829 18-068 Rialto Network Flooring- ABSTRACT E.2 18-130 Request City Council to Adopt Resolution No. 7284 Approving Parcel Map 19748, a Request to Consolidate Thirteen (13) Parcels of Land into One (1) 18.3 Net Acre Parcel of Land to Facilitate the Development of a 426,302-Square-Foot Warehouse/Distribution Center Located at the Northeast Corner of Alder Avenue and Walnut Avenue and Approve the Subdivision Improvement Agreement. Attachments: Attachment 1 - PC-Agenda-Packet-8-31-16 Attachment 2 - Final Parcel Map No. 19748 - Final Execution Version Attachment 3 - Subdivision Improvement Agreement - Executed By Subdivider Attachment 4 - Notice of Determination Attachment 5 - GASB34 Attachment 6 - Bonds Resolution Approve PM 19748 02-07-18 Page 5 Printed on 2/22/2018 City Council Regular Meeting February 27, 2018 E.3 18-134 Request City Council to Adopt Resolution No. 7285 Approving Parcel Map 19754, a Request to Consolidate Six (6) Parcels of Land into Three Parcels of Land totaling 18.06 Net Acres Located at the Southeast Corner of Renaissance Parkway and Palmetto Avenue; and Approve the Subdivision Improvement Agreement. Attachments: Attachment 1 - PC Packet--11-30-16 Attachment 2- Unrecorded Map Attachment 3 - Subdivision Improvement Agreement Attachment 4 - Notice of Determination Attachment 5 - GASB34 Attachment 6 - Bonds Resolution Approve PM 19754 E.4 18-151 Request City Council to Approve the First Amendment to the Agreement with San Bernardino County Transportation Authority for the Right On Rialto Open Street Event held in April 2017, for $23,163.48. Attachments: Attachment 1 SBCTA Contract No 17-1001708 Amendment No. 1 to contract 17-1001708 E.5 18-152 Request City Council to Receive and File the December 2017 Treasurer’s Report. Attachments: Treasurer's Report December 2017 E.6 18-076 Request City Council to (1) Accept the Citywide Roof Repair Project; (2) Approve Change Order Nos. 1 and 2 in the amount of $10,412; (3) Authorize Filing of the Notice of Completion; (4) Authorize Release of Retention to Bell Roof Company Inc. , a California Corporation . Attachments: Attachment 1 - NOC - Citywide Roof Repairs 01-23-18 E.7 18-089 Request City Council to Approve an Increase to the Annual Purchase Order with Bio-Tox Laboratories for Fiscal Year 2017/18 for Testing Expenditures Through June 2018 for a total cost of $25,000. Attachments: Vendor Disclosure Form E.8 17-1126 Request City Council to Approve an Amendment to the Records Management Policy Regarding Retention and Disclosure of Electronic Communications and Affidavit Related Thereto. Attachments: Exhibit A Elec Com Staff Report.DOCX (Rialto) Affidavit Regarding Review of Personal Electronic Device.DOCX E.9 18-165 Request City Council to Adopt Resolution No. 7286 Authorizing the Destruction of Certain Municipal Records of the Payroll Department. Attachments: Destruction Reso.pdf Page 6 Printed on 2/22/2018 City Council Regular Meeting February 27, 2018 E.10 18-180 Request City Council to Adopt Policy on Military Banner Program. Attachments: Exhibit A-City of Rialto Military Banner Program.docx Exhibit B-MILITARY app.docx E.11 18-179 Request City Council to Adopt on Second Reading Ordinance No. 1598 entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA TO APPROVE AN AMENDMENT TO THE LYTLE CREEK RANCH SPECIFIC PLAN TO (A) ELIMINATE NEIGHBORHOOD I; AND (B) MODIFY THE LAND USE CONFIGURATIONS OF NEIGHBORHOODS II AND III, TEXTS, TABLES, AND CHARTS TO THE LYTLE CREEK RANCH SPECIFIC PLAN.” Attachments: Ordinance No. 1598.docx E.12 18-163 Request City Council to Approve an Agreement with Pyro Spectaculars Inc. to provide a Pyrotechnics Display for the 2018 Rialto 4th of July Celebration, and Approve a Purchase Order to Pyro Spectaculars Inc. in the Amount of $25,000. Attachments: Disclosure Form 11-27-17 (002) Rialto, City of Proposal 7-4-18 E.13 18-182 Request City Council to Adopt Resolution No. 7287 Approving Termination of the Offer of Dedication for an Easement for Drainage and Flowage Purposes Located on the Southwest Corner of Valley Boulevard and Spruce Avenue. Attachments: Attachment 1 - Offer of Dedication (Drainage and Flowage) (Valley Rialto) Attachment 2 - Date 07-07-1981 Doc. No. 2357 Attachment 3 - Quitclaim Offer of Dedication Attachment 4 - Resolution of City Council Terminating Offer of Dedication TAB PUBLIC HEARING TAB1 18-120 Request City Council to Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Third Quarter of 2017; and Adopt Resolution No. 7288 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Auditor Controller-Recorder. (ACTION) Attachments: Attachment 1 - Residential and Commercial Lien List 3rd Qtr. 2018 Resolution Page 7 Printed on 2/22/2018 City Council Regular Meeting February 27, 2018 TAB2 18-168 Request City Council to Conduct a Public Hearing to consider Adoption of (1) Resolution No. 7289 approving General Plan Amendment No. 17-02, which is a request to change the land use designation of approximately 4.65 gross acres of land from Residential 6 to Residential 12, (2) Resolution No. 7290 approving Tentative Tract Map No. 2017-0004 (TTM 20084), which is a request to allow the subdivision of approximately 4.65 gross acres of land into twenty-nine (29) single-family lots and eight (8) common lots, and introduce for first reading of (3) Ordinance No. 1599 approving Zone Change No. 337, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 337 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 4.65 GROSS ACRES OF LAND (APN: 0127-281-01) LOCATED ON THE EAST SIDE OF CACTUS AVENUE APPROXIMATELY 280 FEET NORTH OF BASE LINE ROAD FROM SINGLE-FAMILY RESIDENTIAL (R-1C) TO MULTI-FAMILY RESIDENTIAL (R-3).” Reading by title only and waiving full reading thereof. The Planning Division prepared a Mitigated Negative Declaration (Environmental Assessment Review No. 17-01) Resolution No. 1791 for consideration in conjunction with the project. (ACTION) POWERPOINT Page 8 Printed on 2/22/2018 City Council Regular Meeting February 27, 2018 Attachments: Bella Villagio - PP Presentation Exhibit A - Location Map Exhibit B - Tentative Tract Map No. 20084 Exhibit C - Common Open Space Plan Exhibit D - Site Plan Exhibit E - Floor Plans Exhibit F - Elevations Exhibit G - General Plan Land Use Exhibit Exhibit H - Zoning Exhibit Exhibit I - Community Meeting Flyer Exhibit J - Community Meeting Attendance Sheet Exhibit K - Community Meeting Comment Cards Exhibit L - Planning Commission Agenda Report Exhibit M - Planning Commission Resolution No. 18-05 Exhibit N - Planning Commission Resolution No. 18-06 Exhibit O - Planning Commission Resolution No. 18-07 Exhibit P - Planning Commission Resolution No. 18-08 Exhibit Q - Initial Study Exhibit R - Mitigation Monitoring & Reporting Program Exhibit S - Draft Resolution for EAR No. 17-01 Exhibit T - Draft Resolution for GPA No. 17-02 Exhibit U - Legal Description Exhibit V - Draft Ordinance for ZC No. 337 Exhibit W - Draft Resolution for TTM No. 2017-0004 (TTM 20084) TAB NEW BUSINESS Page 9 Printed on 2/22/2018 City Council Regular Meeting February 27, 2018 TAB3 18-045 Request City Council, Rialto Housing Authority, Rialto Utility Authority and Successor Agency to Accept the Fiscal Year 2016/2017 Audit Results and Receive and File the Fiscal Year 2016/17 Consolidated Annual Financial Report and Related Documents. (RECEIVE AND FILE) POWERPOINT Attachments: City of Rialto - PDF FINAL - 2017 CAFR City of Rialto - PDF FINAL - 2017 ACL Exit Letter City of Rialto - PDF FINAL - 2017 GAS Letter City of Rialto - PDF FINAL - 2017 Management Letter City of Rialto - PDF FINAL - 2017 GANN AUP City of Rialto - PDF FINAL - 2017 UUT Compliance Report City of Rialto - PDF FINAL - 2017 Single Audit GAS - Audit Findings FY15-17 Rialto Presentation.pptx TAB4 18-160 Request City Council to Review and Adopt Resolution No. 7292 Approving Special Events for Calendar Year 2018 and the Estimated Costs Associated Totaling $227,118. (ACTION) Attachments: Special Events Resolution Specials Events Exhibit A Special Events Matrix TAB5 18-162 Request City Council Consideration and Approval of an Agreement for Conveyance of Property by and between the City of Rialto and Mighty Development Inc. for the Purchase of a 3 Acre Property at the Southeast Corner of Miro Way and Linden Avenue for $2,353,392 and Approval of Budget Resolution No. 7293 for an Appropriation of $2,378,392 in the Park Development Fund. (ACTION) Attachments: Exhibit A Site Map for Baca.Turch Park Exhibit B Agreement for Conveyance of Property Exhibit C 022718 - DS - Baca-Turch Park Land Purch TAB6 18-031 Request City Council to Approve Budget Resolution No. 7294 and Approve the Purchase of Ten (10) Ford Interceptor Utility Vehicles with Fairview Ford in the Amount of $295,904.35. (ACTION) Attachments: Abstract of Bids Resolution Vendor Disclosure Form Page 10 Printed on 2/22/2018 City Council Regular Meeting February 27, 2018 TAB7 18-153 Request City Council’s Approval to Proceed with Recruitment of Field Services Assistant, Finance Manager, Police Officer, and Police Corporal. (ACTION) Attachments: recruitment request form.docx TAB8 17-1151 Request City Council to Accept Public Improvements, Authorize the Recordation of a Notice of Completion, Authorize a Credit of $593,777 against Regional Traffic Fees Payments to Wal-Mart Stores, Inc. related to the Construction of Public Improvements pursuant to the Construction and Credit Agreement. (ACTION) Attachments: Exhibit A - Improvements Map Exhibit B - Construction and Credit Agreement Executed Exhibit C - Completion Letter Exhibit D - Notice of Completion Letter TAB9 18-113 Request City Council Approval of the San Bernardino Basin Groundwater Council Framework Agreement to Equitably Share Responsibility for Basin Management to Ensure the Future Sustainability of the San Bernardino Groundwater Basin. (ACTION) POWERPOINT Attachments: Attachment 1 - GSA Framework Agreement Attachment 2 - Equitable Allocation Table Attachment 3 - Sample 2017 Calculation Presentation - Groundwater Council TAB10 18-145 Request City Council/Rialto Utility Authority to Approve a Final Construction Work Authorization in the Amount of $30,452,424 to Rialto Water Services for the Water Facility Improvement Project S1 - Wastewater Treatment Plant Improvement Project and Approve a Budget Resolution No. 7295 Appropriating the Not To Exceed Amount of $4,000,000 From the Rialto Utility Authority Reserves for the Project to Supplement the $26,600,000 from the Wastewater Concessionaire Construction Account. (ACTION) POWERPOINT Attachments: Presentation - Project S1 Presentation-02272018 CC Budget Resolution - S1 Funds from Reserves Attachment 1 - Task 2 Technical Memorandum Attachment 2 - Basis of Design Report (BODR) Attachment 3 - S1 FCWA Attachment 4 - West Yost Opinion of AECOM-WM Lyles Attachment 5 - Anticipated Opertional Costs - Life Cycle Analysis Page 11 Printed on 2/22/2018 City Council Regular Meeting February 27, 2018 TAB11 18-148 Request City Council to introduce for first reading Ordinance No. 1600 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA ADDING SECTIONS 1.08.030, 1.08.040, AND 1.08.050 TO CHAPTER 1.08, TITLE 1 OF THE RIALTO MUNICIPAL CODE ESTABLISHING PERMISSIBLE USES OF THE OFFICIAL SEAL OF THE CITY OF RIALTO.” Reading by title only and waiving full reading thereof. (ACTION) Attachments: (City Seal) City Seal Ordinance TAB12 18-155 Request City Council to Authorize Issuance of a Purchase Order Increase to Lynn Merrill and Associates, Inc., in the Not-To-Exceed Amount of $106,900 for a Total Cumulative Amount of $276,900 for Capital Project Management and Support Services. (ACTION) Attachments: Attachment 1A- PROPOSAL - CIP Support for Public Works - 12-14-2017 Attachment 1B- PROPOSAL - Development Support for Public Works - 11-30-2017 Attachment 1C- PROPOSAL - GIS Public Works Support - 11-28-2017 Attachment 2- CITY Disclosure - 12-7-2017 TAB13 18-122 Request City Council to Approve a First Amendment to the Professional Services Agreement with LRS Program Delivery, Inc. for Capital Project Program Management Services in the Additional Not-to-Exceed Amount of $80,000 for a Cumulative Total Not-to-Exceed Contract Amount of $95,000. (ACTION) Attachments: Attachment 1 LRS PSA - Program Delivery Attachment 2 - 01 Saadatnejadi_L_180206-Resume Attachment 3 - Assessment & Recommendation Report Attachment 4 - LRS Amendment to PSA Attachment 5 - Disclosure Form - LRS 180206 Page 12 Printed on 2/22/2018 City Council Regular Meeting February 27, 2018 TAB14 18-150 Request City Council to Adopt Budget Resolution No 7296, and Approve a Professional Services Agreement with Griffin Structures, Inc., in the Amount of $59,325 for Phase 1 Services - Constructability Review and Bidding Support Services, for the Frisbie Park Expansion Project. (ACTION) Attachments: Attachment 1 - RFP 18-046 - CM Inspection Frisbie Park Attachment 2 - GSI Proposal, RFP 18-046 Attachment 3 - Frisbie Park Expansion Proposal 02-21-18 Attachment 4 - Frisbie Park North Master Plan Attachment 5 - Frisbie Park South Master Plan Attachment 6 - Budget Resolution - 150304 Attachment 7 - PSA, RFP 18-046 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT Page 13 Printed on 2/22/2018