City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, May 8, 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 May 8, 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.7340 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 5/3/2018 City Council Regular Meeting May 8, 2018 1 18-450 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) Maria Saida Zepeda v. City of Rialto S.B. Superior Court, Case No. CIVDS1706592 (b) Carl E. Jones, Christopher Hice v. City of Rialto, et al U.S. District Court, Case No. 5:17-cv-01650-GW-(KKx) (c) Glen Anderson v. City of Rialto WCAB SAC0000180454 2 18-455 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: RPBA Mgmt. Bargaining Unit RPBA General Bargaining Unit 3 18-456 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 Property: Southwest corner of Casmalia Street & Alder Ave. APN # 1129-241-01 & 02 Negotiators: Robb R. Steel, ICA/Dev. Svs. Director Terry Thompson/ County of San Bernardino 4 18-458 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: Two cases. 5 18-457 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: Joe Yancey, JD Yancey Enterprises 6 18-461 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. Page 3 Printed on 5/3/2018 City Council Regular Meeting May 8, 2018 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Pro Tem Scott INVOCATION-Pastor Harry Bratton-Greater Faith Grace Bible Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 18-402 Proclamation-Kids to Parks Day-Mayor Deborah Robertson 2 18-463 Presentation-Rialto Lion’s Club-Don Martin, President 3 18-464 Introduction of the Rialto Institute of Progress 9th Class Director of Human Resources & Risk Management Lucy Garcia ORAL COMMUNICATIONS (5-min 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 B.1 18-445 Resolution No. 40 (04/19/18) Attachments: Warrant Resolution No. 40 B.2 18-446 Resolution No. 41 (04/26/18) Attachments: Warrant Resolution No.41 C. APPROVAL OF MINUTES Page 4 Printed on 5/3/2018 City Council Regular Meeting May 8, 2018 C.1 18-447 Regular City Council Meeting-April 24, 2018 Attachments: April 24 2018 minutes.pdf D. CLAIMS AGAINST THE CITY D.1 18-448 Angel Rosario Jr.-Vehicle Damage Attachments: Claim - Rosario D.2 18-449 Justin Louis Wilson-Beckett-Vehicle Impound Attachments: Claim - Wilson-Beckett E. SET PUBLIC HEARING E.1 18-383 Request City Council to Set a Public Hearing for June 12, 2018 to consider Development Code Amendment No. 2017-0007: A Resolution of the City Council recommending Approval of an Amendment to Sections 18.110.020 and 18.110.050 of Chapter 18.110 “Regulation of the off-sale of alcoholic beverages” of Title 18 in the Rialto Municipal Code. Attachments: DCA 2017-0007 Proposed CC Ordinance Exhibit 'A' - Proposed Text Amendment E.2 18-410 Request City Council to Adopt Resolution No. 7329 Related to Street Light Maintenance District No. 1, Resolution No. 7330 for Landscape Maintenance District No. 1, and Landscaping and Lighting District No. 2, and Resolution No. 7331 Setting a Public Hearing for June 12, 2018, to Consider the Levy and Collection of Assessments Therein. Attachments: Attachment 1 - FY1819 City of Rialto_SLD 1_Engineer Report Attachment 2 - FY1819 City of Rialto_LMD 1_Engineer Report Attachment 3 - FY1819 Rialto_LLD 2_Engineer Report vIntent FY1819 SLD 1-Resolution 1_Prep of ER FY1819 SLD 1-Resolution 2_Prelim of ER FY1819 SLD 1-Resolution 3_Intent FY1819 LMD 1-Resolution 1_Prep of ER FY1819 LMD 1-Resolution 2_Prelim of ER FY1819 LMD 1-Resolution 3_Intent FY1819 LLD 2-Resolution 1_Prep of ER FY1819 LLD 2-Resolution 2_Prelim of ER FY1819 LLD 2-Resolution 3_Intent of Page 5 Printed on 5/3/2018 City Council Regular Meeting May 8, 2018 E.3 18-423 Request City Council to Set a Public Hearing for June 12, 2018 to Review and Consider Introduction of an Ordinance Establishing the Community Choice Aggregation Program for the Procurement and Provision of Electric Power to Rialto Residential and Commercial Customers, and Consider Approval of the Community Choice Aggregation Implementation Plan. Attachments: Attachment 1 - Ordinace - CCA Attachment 1 - CCA Implementation Plan F. MISCELLANEOUS F.1 18-202 Request City Council to Approve Lease Agreement Amendment Number One between the City of Rialto, the San Bernardino County Transportation Authority, and Terrence Harper for the John Longville Train Depot. Attachments: Exhibit A - Lease Agreement (Executed) Exhibit B - Commencement extend letter Exhibit C - Lease Agreement Amendment #1 F.2 18-356 Request City Council to (1) Accept the Bloomington Avenue Median Conversion Project, City Project No. 140606 and 160808; (2) Authorize the Filing of the Notice of Completion; and (3) Authorize Release of Retention to Promised Land Nursery, a California Corporation. Attachments: Bloomington - Notice of Completion 09-14-17 Attach 2 Recorded NOE Attachment 3 concept Landscape and Irrigation Plans Photos F.3 18-389 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for March 2018. Attachments: Exhibit A Airport Escrow Statement of Income and Expense March 31, 2018 Exhibit B CalTrust and FSB Statements for Airport Escrow Account March 2018 Exhibit C CalTrust and FSB Statements for City and LHR Contingent Liability Accounts March 2018 Exhibit D Protocol Account Income and Expense Cashflow Statements for March 2018 Page 6 Printed on 5/3/2018 City Council Regular Meeting May 8, 2018 F.4 18-390 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 2018. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense for March 2018 Exhibit B CalTrust and FSB Statements for Miro Escrow March 2018 Exhibit C Alder Avenue Escrow Statement of Income and Expense for March 2018 Exhibit D CalTrust and FSB Statements for Alder Escrow March 2018 Exhibit E Locust.Laurel.Walnut Escrow Statement of Income and Expense for March 2018 Exhibit F Locust.Laurel.Walnut Escrow CalTrust and FSB Statements for March 2018 F.5 18-391 Request City Council to Approve the Purchase of Bulk Winchester Ammunition From Dooley Enterprises, Inc. in the Amount of $31,279.83. Attachments: Attachment A Vendor Disclosure Form Attachment B F.6 18-400 Request City Council to Approve an Increase of the Purchase Order with Ricky Tankersley, Information Specialist, for Fiscal Year 2017/2018 for Information System Support through June 2018 for a Total Cost of $23,400. Attachments: Vendor Disclosure Form F.7 18-407 Request City Council to Authorize the Issuance of a Purchase Order to KOA Consulting in the Amount of $24,850 for Grant Writing Services Specific to the State of California Department of Transportation, Active Transportation Program - Cycle 4 Grants. Attachments: Attachment 1 Agenda item tab 3 Approve SRTS Priority List Attachment 2 KOA Proposal Rialto ATP Cycle 4 Grant Assistance Attachment 3 KOA Disclosure Form F.8 18-460 Request City Council to Authorize the Issuance of a Purchase Order to Alta Planning and Design in the Amount of $24,028 for Grant Writing Services Specific to the State of California Department of Transportation, Active Transportation Program - Cycle 4 Grants. Attachments: Alta Proposal Rialto ATP Cycle 4 Grant Assistance Attachment 2 Disclosure Form Page 7 Printed on 5/3/2018 City Council Regular Meeting May 8, 2018 F.9 18-409 Request City Council to Award a Construction Contract to IVL Contractors, Inc., of Rialto, CA for the Metrolink Station ADA Accessibility - Station to Platform Project, City Project No. 170808 in the amount of $18,400. Attachments: Attachment 1 IVL - Construction Contract 01-04-18 Attachment 2 IVL Reference Check Table Attachment 3 Notice of Determination-01-27-10 Attachment 4 Disclosure from IVL F.10 18-411 Request City Council to Authorize Issuance of a Purchase Order in the Amount of $39,800 to Albert Grover and Associates for Traffic Engineering Services for the Design of Traffic Signal Improvements at Pepper Avenue and Winchester Drive/Terrace Road, and for Additional Traffic Signal System Integration. Attachments: Attachment 1-AGA proposal AGA Disclosure Form F.11 18-412 Request the City Council Approve Resolution No. 7332 Authorizing Incentive Pay for Part-Time Aquatics Personnel for the May through September Aquatic Season. Attachments: Aquatics Incentive Pay Reso Salary Schedule with Season Aquatic Incentive Pay Footnote F.12 18-419 Request City Council to Receive and File the Statement of Income and Expense for March 2018 related to the Construction Reimbursement Agreement and Amendment #1 with Ayala@210LLC for Off-site Improvements on Renaissance Parkway. Attachments: Exhibit A - March 2018 Statement Exhibit B - Statement of Income and Expense for Ayala Partners Escrow F.13 18-421 Request City Council to reject all Construction Bids for the Development Services Building Addition. F.14 18-424 Request City Council to Approve the Issuance of a Purchase Order to Southern California Edison in the Amount of $41,197.69 for Relocation of Existing Facilities Related to the Randall Avenue Widening Project. Attachments: Attachment 1-Invoice Attachment 2-Pole Relocation Plan Attachment 3-IS-MND-Randall Attachment 4-NOD Randall F.15 18-433 Request City Council to Adopt Resolution No. 7333 Authorizing the Destruction of Certain Municipal Records of the Police Department. Attachments: Resolution Destruction Police Page 8 Printed on 5/3/2018 City Council Regular Meeting May 8, 2018 F.16 18-444 Request City Council and Rialto Utility Authority Consideration and Approval of Joint Resolution No. 7334 continuing the temporary sewer connection rate reduction of $393.98 per seat for full service, $204.73 per seat for fast service restaurants, and $500.00 per hotel room with and without restaurants to December 31, 2018. Attachments: Exhibit A - Joint Resolution F.17 18-361 Request City Council to Receive and File the Sound Attenuation Language for Resolution No. 7258, “A Resolution of the City Council of the City of Rialto, California, Approving the Draft Environmental Impact Report Prepared in Conjunction with the Proposed Pepper Avenue Specific Plan (Specific Plan 2017-0001) in Compliance with the California Environmental Quality Act of 1970 and City Environmental Guidelines”, which was approved by the City Council at the December 12, 2017 Public Hearing. Attachments: Resolution 7258 F.18 18-386 Request City Council to Approve Budget Resolution No. 7335, and Authorize Issuance of Purchase Order with MuniTemps Staffing in the amount of $27,500.00 to Provide Part-Time Staff Support Services in the Finance Department for the remainder of Fiscal Year 2017/2018. Attachments: 050818 - FIN- MuniTemps Staffing Munitemps Agreement F.19 18-454 Request City Council/Rialto Utility Authority to Approve the Expenditure for the South Coast Air Quality Management District Permit Fees in an Amount Not to Exceed $25,000 and Authorize Filing the Permit Application Necessary for the Wastewater Treatment Plant Improvement Project Known As S1. F.20 18-459 Request City Council to Adopt Resolution No. 7336 for Sewer Improvements; and receive and file the Summary Report on Preliminary Bid Results for Sewer Improvements; and the Street and Landscape Improvements on Renaissance Parkway. Attachments: Resolution TAB PUBLIC HEARING TAB1 18-415 Request City Council to Conduct the Public Hearing to Consider and Approve Substantial Amendment No. 1 to the City’s 2017-2018 Annual Action Plan and approval of the 2018-2019 Annual Action Plan. (ACTION) Attachments: CDBG Exhibits Rialto-SA #1 17-18 Action Plans FINAL Page 9 Printed on 5/3/2018 City Council Regular Meeting May 8, 2018 TAB NEW BUSINESS TAB2 18-382 Request City Council to 1) Adopt Budget Resolution No. 7337; 2) Award a Construction Contract in the amount of $236,070.63 to BWW Construction for the Rialto Park Announcer Booth Project, City Project No. CB1703; and 3) Authorize a Purchase Order with Willdan Engineering in the Amount of $21,264 for Construction Management and Inspection Services for the Project. (ACTION) Attachments: Attachment 1 Section 3 Bid Evaluation Memorandum and MBE-WBE Attachment 2 BWW Reference Check Table Attachment 3 BWW Construction - Construction Contract 01-04-18 Attachment 4 Recorded Notice of Exemption Rialto Park Announcer Booth cb 1703 2-1-2017 Attachment 5 Budget Resolution Attachment 6 Willdan Attachment 7 Disclosure from BWW Company TAB3 18-432 Request City Council to Approve Resolution No. 7338, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO OPPOSING THE TAX FAIRNESS, TRANSPARENCY AND ACCOUNTABILITY ACT OF 2018.” (ACTION) Attachments: Resolution Opposing Tax Measure Imposing TFTAA TAB4 18-380 Request City Council to Authorize the Purchase of Twelve (12) APX 6500 Radios from Motorola Solutions, Inc. for a Total Cost of $63,722.01. (ACTION) Attachments: Los Angeles County Contract MA-IS-1740313 Quote Vendor Disclosure Form TAB5 18-442 Request City Council’s Approval to Proceed with the Recruitments of Recreation Aide (Part-Time) and Administrative Aide (Part-Time) in the Community Services Department. (ACTION) Attachments: Recruitment Form May 8, 2018 TAB6 18-452 Request City Council to Approve an Increase to Purchase Order No. 2018-0725 with Law Office of Kathy M Gandara in the Amount of $20,000 for a Total of $69,500 to Cover Additional Costs Associated with Personnel Investigative Services. (ACTION) Page 10 Printed on 5/3/2018 City Council Regular Meeting May 8, 2018 TAB7 18-418 Request City Council to Approve a Fourth Amendment to the Professional Services Agreement with Willdan Engineering, Inc. increasing the Contract Amount from $450,620 to $625,620, an increase of $175,000. (ACTION) Attachments: 4th Agreement Willdan Original Agreement 2016 TAB8 18-422 Request City Council to Approve an Increase to Purchase Order 2016-1495 with E CAM SECURE by $12,858 for total of $85,275 for Security Camera Services at 1479 N. Linden Avenue. (ACTION) TAB9 18-430 Request City Council to Adopt Interim Urgency Ordinance No. 1601 entitled “AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM TO PROHIBIT TRUCK TRAFFIC ON AYALA DRIVE BETWEEN THE I-210 FREEWAY AND BASELINE ROAD WITHIN THE RENAISSANCE SPECIFIC PLAN OF THE CITY OF RIALTO” and Declaring the Urgency Thereof. (ACTION) Attachments: Exhibit A - Truck Routes Exhibit B - Urgency Ordinance TAB10 18-451 Request City Council to Approve Resolution No. 7339 to Accept the California SB1- Local Partnership Competitive Program Grant for $2,291,000 and Authorize the Release for Bids No. 18-089 for the Alder Avenue Widening. (ACTION) Attachments: Attachment 1-Application Attachment 2- List of Eligible projects. Resolution TAB11 18-362 Request City Council to Authorize a Purchase Order (PO) Increase of $250,000 with Lockwood Engineering Company for “On-Call” Civil Engineering Plan Check and Related Engineering Services. (ACTION) Attachments: Attachment 1 - Future LD Plan Check Projects 2018 Attachment 2 - Disclosure Form Page 11 Printed on 5/3/2018 City Council Regular Meeting May 8, 2018 TAB12 18-414 Request City Council to Authorize a Purchase Order (PO) Increase with Wallace and Associates in the Amount of $150,000 for “On-Call” Public Works Construction Management and Inspection Services. (ACTION) Attachments: Attachment 1 - August 8, 2017 Staff Report Attachment 2 - Projects Receiving Inspection Services Attachment 3 - Upcoming Projects to Start Construction Attachment 4 - Disclosure Form TAB13 18-417 Request City Council to Approve the Priority List for Street Rehabilitation Projects Funded by SB1. (ACTION) Attachments: Attachment 1 - Street Location Map REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT Page 12 Printed on 5/3/2018