City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting - Final Tuesday, November 13, 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 Ahmad Ansari Interim City Administrator City Council Regular Meeting - Final November 13, 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. 1612 Next Resolution No. 7427 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 Page 2 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 5:00 p.m. CLOSED SESSION 1 CC-18-1094 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) Equilon Enterprises, LLC v. City of Rialto San Bernardino Superior Court, Case No. CIVDS1602980 (b) Phillips 66 Company v. City of Rialto San Bernardino Superior Court, Case No. CIVDS1516839 (c) SFPP, L.P. v. City of Rialto San Bernardino Superior Court, Case No. CIVDS1603260 (d) Tesoro Logistics Operations, LLC v. City of Rialto San Bernardino Superior Court, Case No. CIVDS1603163 (e) San Bernardino Valley Municipal Water District v. San Gabriel Valley Water d.b.a Fontana Water Company, et al S.B. Superior Court Case No. CIVDS1311085 (f) Crystal Chase Gonzalez v City of Rialto WCAB SAC0000178659 2 CC-18-1098 Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. Number of cases: One case 3 CC-18-1099 Conference with Labor Negotiator regarding the following recognized employee organization pursuant to Government Code Section 54957.6: Agency designated representatives: Fred Galante, City Attorney Ahmad Ansari, Interim City Administrator Employee organizations: CGMA Bargaining Unit RPBA General Bargaining Unit RPBA Management Bargaining Unit RMMA Bargaining Unit RCEA Bargaining Unit RFMA Bargaining Unit Rialto Firefighters Local 3688 4 CC-18-1100 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: Subject: Price and Terms of Real Estate (Lease Termination) Property: Portion of APN 0240-251-32 (1451 N. Linden Avenue) Negotiators: Robb R. Steel, Assistant CA/ Development Services Director Christopher Van Mullem, Crown Castle Page 3 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Deborah Robertson INVOCATION - Pastor Rick Whited - Calvary Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 CC-18-1107 In Memoriam of Donald Courtney - Mayor Deborah Robertson 2 CC-18-1091 Proclamation - Small Business Saturday - Mayor Deborah Robertson 4 CC-18-1102 Rialto receives State Funds from Assemblymember Eloise Gomez Reyes - Mayor Deborah Robertson 3 CC-18-1092 Introduction of the 10th Rialto Institute of Progress Participants - Lucy Garcia, Human Resources Director 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 CC-18-1050 Resolution No. 12 (09/20/18) Attachments: WR No 12 Page 4 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 B.2 CC-18-1051 Resolution No. 13 (09/27/18) Attachments: WR No 13 B.3 CC-18-1052 Resolution No. 14 (10/04/18) Attachments: WR No 14 B.4 CC-18-1053 Resolution No. 15 (10/11/18) Attachments: WR No 15 B.5 CC-18-1054 Resolution No. 16 (10/18/18) Attachments: WR No 16 B.6 CC-18-1055 Resolution No. 17 (10/25/18) Attachments: WR No 17 C. APPROVAL OF MINUTES C.1 CC-18-1082 Regular City Council Meeting - August 14, 2018 Attachments: August 14 2018 minutes C.2 CC-18-1083 Regular City Council Meeting - August 28, 2018 Attachments: August 28 2018 minutes C.3 CC-18-1084 Regular City Council Meeting - September 11, 2018 Attachments: September 11 2018 minutes D. CLAIMS AGAINST THE CITY C.4 CC-18-1103 AFNI (Jessica Crump) - vehicle damage Attachments: Claim - AFNI-Jessica Crump_Redacted C.5 CC-18-1104 Carlos Hernandez - vehicle damage Attachments: Claim - C Hernandez_Redacted C.6 CC-18-1105 Gladys Saavedra - vehicle damage Attachments: Claim - G Saavedra_Redacted C.7 CC-18-1106 Alma Almanza - property damage Attachments: Claim - Almanza_Redacted Page 5 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 E. SET PUBLIC HEARING E.1 CC-18-881 Request City Council to Adopt Resolution No. 7422 Declaring Its Intention to Annex Territory (Etiwanda Homes) to Community Facilities District No. 2016-1 (Public Services), adopt a Boundary Map showing proposed territory and to Set a Public Hearing for January 8, 2019. Attachments: Annex 2 Rialto CFD Resolution of Intention_Final .doc E.2 CC-18-977 Request City Council to Set a Public Hearing for the December 11, 2018 City Council Meeting, to Consider Adoption of the Updated Water and Wastewater Development Impact Fees. Attachments: Attachment 1 - 091318 Rialto DIF Report Report Attachment - RIALTO DIF APPENDIX A Report Attachment - RIALTO DIF APPENDIX B Report Attachment - RIALTO DIF APPENDIX C Report Attachment - RIALTO DIF APPENDIX D Attachment 2 - Resolution RUA DIF Amendment NOTICE OF PUBLIC HEARING - DIF E.3 CC-18-1022 Request City Council to Set a Public Hearing for December 11, 2018 to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 2nd Quarter of the 2018 Calendar Year. Attachments: Attachment 1 - Residential & Commercial Lien List 2nd Qtr 2018 Page 6 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 F. MISCELLANEOUS F.1 CC-18-967 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for August 2018. Attachments: Exhibit A Airport Escrow Statement of Income and Expense Aug 31, 2018.pdf Exhibit B CalTrust and FSB Statements for Airport Escrow Account Aug 2018.pdf Exhibit C CalTrust and FSB Statements for Protocol Account Aug 2018.pdf Exhibit D Protocol Account Income and Expense Cashflow Statements.pdf F.2 CC-18-972 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 August 2018. Attachments: Exhibit A Miro Way Escrow Statement of Income and Expense.pdf Exhibit B Miro Way CalTrust and FSB Statements August 2018.pdf Exhibit C Alder Avenue Escrow Statement of Income and Expense.pdf Exhibit D Alder Avenue CalTrust and FSB Statements for August 2018.pdf Exhibit E Locust.Laurel.Walnut Statement of Income and Expense August 2018.pdf Exhibit F Locust.Laurel.Walnut CalTrust and FSB Statements for August 2018.pdf F.3 CC-18-973 Request City Council to Approve a Grant of Easement Agreement between the City of Rialto and Rialto Building 6 Project LLC related to the Amazon Fulfillment Center development located between Linden Avenue and Locust Avenue, south of Renaissance Parkway. Attachments: Exhibit A Rialto 6 & City of Rialto Footing Easement REVISED FINAL 110118.pdf Exhibit B LHR Consent Letter F.4 CC-18-974 Request City Council to Receive and File the August 2018 Treasurer’s Report. Attachments: Treasurer's Report August 2018 F.5 CC-18-997 Request City Council to Receive and File the Statement of Income and Expense for August and September 2018 related to the Construction Loan Agreement with Ayala@210LLC for On-site Improvements for the Renaissance Plaza Retail Center on Renaissance Parkway. Attachments: Exhibit A - Bank Statements Aug. and Sept. 2018 Exhibit B - Statement of Income and Expense for Ayala Partners On-Site Escrow Page 7 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 F.6 CC-18-994 Request City Council to Receive and File the Statement of Income and Expense for August and September 2018 related to the Construction Reimbursement Agreement with Ayala@210LLC for Off-Site Improvements on Renaissance Parkway. Attachments: Exhibit A - FSB Statements for August 2018 Exhibit B - FSB Statement for September 2018 Exhibit C - Statement of Income and Expense for Ayala Partners Escrow F.7 CC-18-983 Request City Council to Authorize the Release of Request for Bids No. 19-042 for the Valley Boulevard/Cactus Avenue/Linden Avenue Widening Project, City Project No. 140802. Attachments: Attachment 1-Special Provisions .pdf Attachment 2-Plans.pdf Attachment 3-IS-MND Valley-Cactus-Linden.pdf Attachment 4- NOD Valley- Cactus- Linden.pdf F.8 CC-18-984 Request City Council to Approve a Right-of Entry Agreement with San Bernardino County Transportation Authority for the Cedar Avenue Crossing Safety Improvement Project and Authorize the Issuance of a Purchase Order in the Amount of $1,500. Attachments: Attachment 1- ROW license Agreement .pdf Attachment 2-NOE .pdf F.9 CC-18-947 Request City Council Authorize Issuance of a Purchase Order to Griffith Company in the Amount of $10,224 for Additional Work Related to the Habitat Restoration Plan for the Pepper Avenue Extension. Attachments: Griffith Company Replant Estimate Griffith Replanting Irrigation Estimate F.10 CC-18-1029 Request City Council to Approve a New Agreement with the San Bernardino County Sheriff’s Department to Utilize Inmates by Way of a Work Release Program Through June 2020. Attachments: Agreement F.11 CC-18-1043 Request City Council to Approve Professional Services Agreement with California State University San Bernardino Enterprises Corporation for Small Business Assistance Services for a maximum of $15,000. Attachments: Exhibit A - Presentation Exhibit B - Scope of Services Exhibit C - Professional Short Services Agreement Short Form Page 8 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 F.12 CC-18-1047 Request City Council to Approve a Professional Services Agreement with Vincent McCoy in the Amount of $10,400 for Grant Writing Services Specific to the State of California Department of Transportation, Sustainable Transportation Planning Grant. Attachments: PSA Vincent McCoy F.13 CC-18-1005 Request City Council to (1) Accept the Metrolink Station ADA Accessibility - Station to Platform Project, City Project No. 170808; (2) Authorize an additional $1,469.29 for Construction Contract Change Order No.1 for a total contract amount of $19,869.29; (3) Authorize Filing of the Notice of Completion; and (4) Authorize Release of Retention to IVL Contractors, Inc. Attachments: Attachment 1 - Notice of Completion Attachment 2 - Change Order No. 1 Attachment 3 - Notice of Determination-01-27-10 Attachment 4 - GASB34 FA INFRASTRUCTURE - Metrolink Station ADA F.14 CC-18-1010 Request City Council to Adopt Resolution No. 7423 Adopting the 2019/2020 through 2023/2024 Measure I Five-Year Capital Project Needs Analysis (CPNA) for the Major Street-Arterial Sub-Program and Amending the 2018/2019 Fiscal Budget. Attachments: Resolution CPNA_v.1 RIALTO F.15 CC-18-1093 Request City Council to adopt on second reading of Ordinance No. 1610 approving Zone Change No. 2017-0003, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2017-0003 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 6.80 NET ACRES OF LAND (PORTIONS OF APNS: 0131-131-02, -08, & -09) LOCATED AT THE NORTHEAST CORNER OF RANDALL AVENUE AND ACACIA AVENUE FROM AGRICULTURAL (A-1) TO MULTI-FAMILY RESIDENTIAL (R-3)” Attachments: ord.1610 Page 9 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 TAB PUBLIC HEARING TAB1 CC-18-1045 Request City Council to Continue the Public Hearing to Adopt Resolution No. 7417 to November 27, 2018 to Consider Updating Fees and Charges for Civil Engineering Plan Check Services. (ACTION) Attachments: Attachment 1 - Fee_Report_Plan Check Services 10-25-18 Resolution - Conduct PH for Updated Plan Check Fees Exhibit A for Resolution TAB2 CC-18-993 Request City Council to Conduct a Public Hearing and Introduce for First Reading of an Ordinance, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTION 18.72.010(K) OF THE RIALTO MUNICIPAL CODE TO ADJUST THE GARBAGE OR TRASH CAN SCREENING REQUIREMENT,” reading by title only and waiving further reading thereof. (ACTION) Attachments: (Rialto) Ordinance Amending Garbage or Trash Can Screening Requirements (3) TAB NEW BUSINESS TAB3 CC-18-940 Request City Council to Approve an On-call Professional Services Agreement (PSA) with Willdan Engineering for “On-Call” Construction Management and Inspection Services; and Authorize the Issuance of Purchase Orders in the Total Not-to-Exceed Amount of $105,000 for Fiscal Year 2018/2019. (ACTION) Attachments: Attachment 1 - RFP 17-001 - On-Call Engineering Services Attachment 2 - Willdan Engineering Proposal Attachment 3 - Development Projects Attachment 4 - CIP Projects Attachment 5 - Willdan Engineering PSA - 9-25-18 Attachment 5A - Willdan PSA Exhibit A Attachment 5C - Willdan PSA Exhibit C Attachment 6 - Disclosure Form Page 10 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 TAB4 CC-18-980 Request City Council Authorize the Use of Prior Year Funds for Maintenance Tasks at the Wastewater Treatment Plant for Digester No. 1 and Approve Issuing Purchase Orders to Evoqua in the Amount of $70,266, and to Veolia, in the Amount of $278,570 in the Total Amount of $348,836. (ACTION) Attachments: Attachment 1 - Evoqua Quote Attachment 2 - RWS Veolia Quote TAB5 CC-18-1000 Request City Council to Award a Construction Contract to Silverstrand Construction, Inc., in the Amount of $15,291,479.56 for Construction of the Frisbie Park Expansion; and Authorize Phase II of the Agreement with Griffin Structures, Inc., in the Amount of $630,165.00 for Construction Management, Inspection, and Materials Testing Services for the Frisbie Park Expansion. (ACTION) Attachments: Attachment 1, Existing Frisbie Park Attachment 2, Construction Contract Attachment 3 - Reference Check Table and Licenses Attachment 4 - RAL DBA SILVERSTRAND Bid Attachment 5 - Silverstrand's CO Forms Attachment 6 - SSC EXECUTED - DISCLOSURE FORM Attachment 7 - RC Construction Bid Protest Attachment 8 - Sullivan Hill Response letter Attachment 9 - Lester & Cantrell Request letter Attachment 10 - GSI fee Proposal 02-21-18 Attachment 11 - GSI Proposal, RFP 18-046 Attachment 12 - Phase II PSA, Griffith, 10-15-18 Attachment 13 - GSI Disclosure Form, RFP 18-046 TAB6 CC-18-1041 Request City Council to Approve an increase to Purchase Order No. 2019-0861 with the Law Office of Kathy M. Gandara in the amount of $17,655.92 for a total of $22,655.92 in the current fiscal year for personnel investigative services. (ACTION) Page 11 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 TAB7 CC-18-1040 Request the City Council to adopt Resolution No. 7408 Amending the Classification Plan and Authorized Positions to Assign a Code Enforcement Manager, Building Safety Manager, Senior Construction Inspector, and Property Evidence Technician and Amending the Salary Schedule to Establish Basic Compensation Rates. (ACTION) Attachments: Resolution to Add Classifications Code Enf Manager Exhibit A to Reso Building Manager Exhibit A to Reso Property/ Evidence Tech Exhibit A to Reso Senior Constr Inspector Exhibit A to Reso Code Enforcement Manager.pdf TAB8 CC-18-1026 Request City Council to Approve Resolution No. 7424 Authorizing a Tentative Agreement with the Rialto City Employees’ Association for the term of July 1, 2017 through June 30, 2019. (ACTION) Attachments: Resolution RCEA TA.docx RCEA TA Exhibit A to Resolution RCEA Salary Schedule 11 13 2018.pdf TAB9 CC-18-1033 Request City Council to Approve Resolution No. 7409 Authorizing a Tentative Agreement with the Rialto Mid-Management and Confidential Employee Association for the term of July 1, 2017 through June 30, 2019. (ACTION) Attachments: RMMA Resolution tentative Agreement 2018.docx RMMA TA Exhibit A to Reso.pdf RMMA Salary Sched Exhibit B to Reso TAB10 CC-18-1034 Request City Council to Approve Resolution No. 7410 Authorizing a Tentative Agreement with the Rialto City Government Management Association for the term of July 1, 2016 through June 30, 2019. (ACTION) Attachments: Resolution CGMA.docx CGMA TA/ Exhibit A to Reso CGMA Salary Sched/ Exhbit B to Reso Page 12 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 TAB11 CC-18-1035 Request City Council to Approve Resolution No. 7411 Authorizing a Tentative Agreement with the Rialto Fire Management Association for the term of July 1, 2016 through June 30, 2019. (ACTION) Attachments: resolution rfma.docx RFMA TA Exhibit A to Reso.pdf RFMA Salary Sched Exhibit B to Reso TAB12 CC-18-976 Request City Council to Approve Budget Resolution No. 7425 to Amend the 2018-2019 Budget and Revise Authorized Budgeted Positions to add Two Police Officers. (ACTION) Attachments: Resolution.docx Exhibit A to Reso Authorized Positions TAB13 CC-18-1006 Request City Council to (1) Accept the Annual Street Overlay Project, City Project No. 160801; (2) Authorize an additional $34,819.26 for Construction Contract Change Orders for a total contract amount of $2,724,508.89; (3) Authorize Filing of the Notice of Completion; and (4) Authorize Release of Retention to Matich Corporation. (ACTION) Attachments: Attachment 1 - Notice of Completion 10-18-18 Attachment 2 - CCO No. 1 Attachment 3 - CCO No. 2 Attachment 4 - CCO No. 3 Attachment 5 - Notice of Exemption TAB14 CC-18-1007 Request City Council to (1) Accept the Annual Pavement Maintenance Project, City Project No. 170805; (2) Authorize an additional $81,581.49 for Construction Contract Change Orders for a total contract amount of $1,713,212.49; (3) Authorize Filing of the Notice of Completion; and (4) Authorize Release of Retention to Pavement Coatings Company. (ACTION) Attachments: Attachment 1 - Project Location Map - Zone 5 Attachment 2 - Notice of Completion 10-18-18 Attachment 3 - Contract Change Order No. 1 Attachment 4 - Change Order No. 2 Attachment 5 - Notice of Exemption Page 13 Printed on 11/8/2018 City Council Regular Meeting - Final November 13, 2018 TAB15 CC-18-1059 Request City Council to Introduce for First Reading Ordinance No. 1611, Amending Section 2.12.040 of the Rialto Municipal Code to Adjust the Compensation of Members of the Rialto City Council, Mayor, City Clerk and City Treasurer, and Approve Budget Resolution No. 7426 to Authorize an Appropriation of Funds for the Adjustments. (ACTION) Attachments: Compensation - Ordinance Budget Resolution.docx REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT Page 14 Printed on 11/8/2018