City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting - Final Tuesday, March 12, 2019 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 Sean Grayson Interim City Administrator City Council Regular Meeting - Final March 12, 2019 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. 1616 Next Resolution No. 7483 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 3/7/2019 City Council Regular Meeting - Final March 12, 2019 5:00 p.m. CLOSED SESSION 1 CC-19-305 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) Tyrone Green v City of Rialto WCAB SAC0000178738 (b) Jesus Carrete v City of Rialto WCAB SAC0000178674 (c) Equilon Enterprises, LLC v. City of Rialto San Bernardino Superior Court, Case No. CIVDS1602980 (d) Phillips 66 Company v. City of Rialto San Bernardino Superior Court, Case No. CIVDS1516839 (e) SFPP, L.P. v. City of Rialto San Bernardino Superior Court, Case No. CIVDS1603260 (f) Tesoro Logistics Operations, LLC v. City of Rialto San Bernardino Superior Court, Case No. CIVDS1603163 2 CC-19-312 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-19-313 PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Pursuant to Government Code Section 54957 Title: Interim City Administrator 4 CC-19-314 CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Gov’t Code Section 54957.6: City designated negotiator/representative: Sean Grayson, Interim City Administrator Fred Galante, City Attorney Employee organizations: Rialto Firefighters Local 3688 Page 3 Printed on 3/7/2019 City Council Regular Meeting - Final March 12, 2019 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Trujillo INVOCATION - Pastor Harry Bratton - Greater Faith Grace Bible Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 CC-19-315 Certificates of Recognition to Rialto High School Boys Soccer Team - Division IV CIF Champions - Council Member Joe Baca Jr. 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-19-302 Warrant Resolution No. 32 (02/21/19) B.2 CC-19-316 Warrant Resolution No. 33 (02/28/19) C. CLAIMS AGAINST THE CITY C.1 CC-19-306 Keith Allen Sutter - vehicle damage C.2 CC-19-293 Southern California Edison - property damage C.3 CC-19-292 Omar Armenta Jr. - vehicle damage Page 4 Printed on 3/7/2019 City Council Regular Meeting - Final March 12, 2019 C.4 CC-19-291 Irene Castillo - vehicle damage C.5 CC-19-290 Ronald Barron - vehicle damage C.6 CC-19-287 Ismael Jimenez- vehicle damage C.7 CC-19-285 Moises Ramos - vehicle damage D. SET PUBLIC HEARING D.1 CC-19-232 Request City Council to Set a Public Hearing for May 14, 2019, to Conduct a Property Owner Protest Ballot Proceeding; Adopt Resolution No. 7477 Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2019/2020; and to Adopt Resolution No. 7478 Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting District No. 2 and Conduct a Property Owner Protest Ballot Proceeding On The Matter of the New Assessments Related Thereto Commencing with Fiscal Year 2019/2020. E. MISCELLANEOUS E.1 CC-19-181 Request City Council to Authorize an Amendment to the 2018-19 Budget for Community Block Grant Allocations and Approve Budget Resolution No. 7479. E.2 CC-19-274 Request City Council to Receive and File the Annual Update to the Development Impact Fees for Fiscal Year 2019/2020. E.3 CC-19-264 Request City Council to Receive and File the Statement of Income and Expenses related to Airport Escrow Account for January 2019. E.4 CC-19-265 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 January 2019. E.5 CC-19-268 Request City Council to Receive and File the Statement of Income and Expense for January 2019 related to the Construction Reimbursement Agreement with Ayala@210LLC for Off-Site Improvements on Renaissance Parkway. E.6 CC-19-269 Request City Council to Receive and File the Statement of Income and Expense for January 2019 related to the Construction Loan Agreement with Ayala@210LLC for On-Site Improvements for the Renaissance Plaza Retail Center on Renaissance Parkway. Page 5 Printed on 3/7/2019 City Council Regular Meeting - Final March 12, 2019 E.7 CC-19-286 Request City Council City Council authorize the Mayor to execute and transmit the attached letter requesting declassification of the 210 Freeway as a landscaped freeway, from post mile 15.40 to post mile 15.68. E.8 CC-19-300 Request City Council to Approve the Purchase Order of 15 Tablets and Keyboards to Verizon Wireless for $1,149.99 per Tablet and to Zones Inc. for $118.57 per Keyboard, to Support the City Council Members and Department Heads for a total not-to-exceed amount of $20,752.48. E.9 CC-19-168 Request City Council to Approve an Increase to the Annual Purchase Order with Bio-Tox Laboratories for Fiscal Year 2018/19 for Toxicology Services Through June 2019 for a total cost of $35,000. E.10 CC-19-235 Request City Council to Approve an Increase of $15,000 to the Annual Purchase Order with Paul Wing Investigations for Background Investigation Services through June 2019. E.11 CC-19-279 Request City Council to Authorize a Second Amendment to the Professional Services Agreement with Willdan Engineering for “On-Call” Public Works Construction Management and Inspection Services, Extending the Term through July 31, 2019. E.12 CC-19-253 Request City Council to Approve a First Amendment of the Cooperative Agreement with San Bernardino County Transportation Authority for an Extension of Time on the San Bernardino Valley Coordinated Traffic Signal System Operation and Maintenance. E.13 CC-19-278 Request City Council to Increase the Maximum Purchase Authorization with MIG|Hogle-Ireland for Planning Services to $340,000 to reflect a Prior City Council Action (no additional funding requested with this action). TAB NEW BUSINESS TAB1 CC-19-275 Request City Council to (1) Award a Construction Contract to Pavement Coatings Co. in the amount of $1,442,959.50 for the Annual Pavement Maintenance Project; City Project No. 180805 and (2) Authorize a Purchase Order with Willdan Engineering in the Amount of $98,058 for Construction Management and Inspection Services for the Project. (ACTION) TAB2 CC-19-277 Request City Council to Authorize a Second Amendment to the Professional Services Agreement with Wallace and Associates for “On-Call” Public Works Construction Management and Inspection Services on a “Month-to-Month” Basis through June 30, 2019, and Authorize Issuance of a Purchase Order Increase in the Amount of $194,000 for “On-Call” Public Works Construction Management and Inspection Services. (ACTION) Page 6 Printed on 3/7/2019 City Council Regular Meeting - Final March 12, 2019 TAB3 CC-19-159 Request City Council (1) Award a Construction Contract to BWW & Company Inc. in the Amount of $251,614.58 for Construction of the Cedar Sidewalk Improvements; (2) Execute a Professional Services Agreement with Willdan Engineering in the amount of $44,897.83 for Construction Management, Inspection and Materials Testing for the Cedar Avenue Sidewalk Improvements Project, City Project No.130808. (ACTION) TAB4 CC-19-295 Request City Council to Approve and Authorize the Mayor to execute 1) An Agreement with the California State Department of Health Care Services (DHCS) authorizing transfer of Public Funds up to $1,136,394 to DHCS and Accept Supplemental Payments for Medi-Cal Services of up to $1,886,008; 2) Health Plan-Provider Agreements with participating Medi-Cal Managed Care Plan Provider(s); 3) An Agreement Authorizing the Payment of a 20% Administrative fee to DHCS; and 4) Adopt Budget Resolution No.7480. (ACTION) TAB5 CC-19-227 Request the Rialto Housing Authority to Approve a Professional Services Agreement with LDM Associates to manage the Housing Repair Program for a maximum of $75,000 annually for a Term of One Year with 2 Optional One-Year Extensions based Upon Performance, and Adopt Budget Resolution No. 7481 to appropriate $25,000 for consultant services. (ACTION) TAB6 CC-19-281 Request City Council to Approve Rialto Utility Authority Budget Resolution RUA No. 05-19 and Resolution No. 7482 Confirming the Finding of an Emergency Pursuant to the Public Contracts Code, Ratify Issuance of a Purchase Order to Matich Corporation in the Amount of $49,000 for Emergency Slope Repairs at the Rialto Waste Water Treatment Plant and Find that the Emergency Has Terminated Due to the Completion of the Repairs. POWERPOINT (ACTION) TAB7 CC-19-284 Request City Council to (1) Award a Construction Contract to J.M. Olvera Engineering, Inc. in the Amount of $4,721,521.74 for Construction of the Alder Avenue and Randall Avenue Street Improvements Projects; (2) Approve the First Amendment to the Professional Services Agreement with Dokken Engineering in the Additional Amount $197,990.00 for Related Construction, Right-of-Way, and Environmental Support Services . (ACTION) Page 7 Printed on 3/7/2019 City Council Regular Meeting - Final March 12, 2019 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT Page 8 Printed on 3/7/2019