City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, November 10, 2020 CLOSED SESSION TIME: 5:00 PM OPEN SESSION TIME: 6:30 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY AUTHORITY, RIALTO HOUSING 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 Eric Vail Interim City Attorney Sean Grayson Acting City Manager City Council Regular Meeting November 10, 2020 IN RESPONSE TO THE COVID-19 EMERGENCY, AND IN COMPLIANCE WITH SOCIAL DISTANCING PROTOCOLS REQUIRED BY GOVERNOR NEWSOM’S EXECUTIVE ORDER AND THE STATE DEPARTMENT OF PUBLIC HEALTH, THE CITY COUNCIL CHAMBERS WILL BE CLOSED TO THE PUBLIC INSIDE THE COUNCIL CHAMBERS. SOCIAL DISTANCED SEATING WILL BE AVAILABLE OUTSIDE THE CITY COUNCIL CHAMBERS, WITH A TV TO VIEW THE CITY COUNCIL MEETING. A PUBLIC PODIUM WILL BE AVAILABLE FOR PUBLIC COMMENT (5 MINUTE LIMIT) 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 Fridays, 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.1653 Next Resolution No.7689 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 11/6/2020 City Council Regular Meeting November 10, 2020 5:00 p.m. CLOSED SESSION 1 20-0773 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: 13.2 acres APN 1119-241-28-0000 City negotiators: City Manager & City Attorney Negotiating parties: City of Rialto & The Distributor’s Inc. Under negotiation: Price and terms of sale 2 20-0774 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) Four (4) pending matters: 1. Odila Penaloza & Samantha Goode v. City of Rialto; et al. USDC Case No. 5:19-cv-01642 SBSC Case No. CIVDS1918930 Ninth Circuit Case No. 20-55164 2. Donavan Caver v. City of Rialto, et al. SBSC, Case No. CIV DS 2017699 3. Jessica Weeda v. City of Rialto, et al. SBSC, Case No. CIV DS 2017954 4. Monica Ortiz v. City of Rialto, et al. USDC Case No. 5:16-cv-01384-JGB-KS 3 20-0775 PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code section 54957 Title: Interim City Manager 4 20-0776 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code section 54957 Agency designated representative: City Attorney Unrepresented Employee: Interim City Manager Page 3 Printed on 11/6/2020 City Council Regular Meeting November 10, 2020 5 20-0777 LIABILITY CLAIMS Pursuant to Government Code section 54956.95 All claims are against the City of Rialto · Paul Lichtenberger - Compromise & Release 1792900001 · Margaret Hernandez - Compromise & Release 179290005 / 1892900075 / SAC0000178648 / SAC0000178717 6 20-0808 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code section 54956.9(d)(2) One (1) matter Page 4 Printed on 11/6/2020 City Council Regular Meeting November 10, 2020 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Deborah Robertson INVOCATION - Pastor Bob Ruiz - Calvary Chapel City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 20-0802 In Memoriam - Nellie Frazier 2 20-0803 In Memoriam - Jerry Eaves 3 20-0804 In Recognition - Police Chief Mark Kling 4 20-0814 Family Fostering for 32 Years - Mayor Deborah Robertson 5 20-0818 Wastewater Treatment Faclity Upgrade S1 - Utilities Manager Tom Crowley 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 The Council hereby waives the full reading of any ordinance to be introduced or approved at this meeting and such ordinance shall be read by title only. B. APPROVAL OF WARRANT RESOLUTIONS B.1 20-0780 Warrant Resolution No. 13 (09/24/2020) B.2 20-0781 Warrant Resolution No. 14 (10/01/2020) Page 5 Printed on 11/6/2020 City Council Regular Meeting November 10, 2020 B.3 20-0782 Warrant Resolution No. 15 (10/08/2020) B.4 20-0783 Warrant Resolution No. 16 (10/15/2020) B.5 20-0784 Warrant Resolution No. 17 (10/22/2020) B.6 20-0785 Warrant Resolution No. 18 (10/29/2020) B.7 20-0786 Warrant Resolution No. 19 (11/05/2020) C. APPROVAL OF MINUTES C.1 20-0778 Regular City Council Meeting - September 22, 2020. D. CLAIMS AGAINST THE CITY D.1 20-0810 Dave M. Martin Jr. - Vehicle Damage D.2 20-0811 State Farm (Carlos Huerta) - Vehicle Damage E. SET PUBLIC HEARING E.1 20-0735 Request City Council to Set a Public Hearing for December 8, 2020, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 2nd Quarter of the 2020 Calendar Year. F. MISCELLANEOUS F.1 20-0809 Request City Council to Consider and Approve the “Employment Agreement for Position of Interim City Manager” between the City of Rialto and Sean Grayson and Authorize the Mayor to Sign the Agreement. F.2 20-0764 Request City Council to Adopt Resolution No. 7678 to Authorize the Submission of a Grant Application with No Local Match to the California National Resource Agency Department of Parks and Recreation Parks and Water Bond Act of 2018 (Proposition 68) Competitive Grant Program. F.3 20-0712 Request City Council to Approve an Agreement for Weed Abatement between the City and James Huss, Jr., West SWPPP Services for Fiscal Year 2020/2021 for an Amount Not-to-Exceed $50,000 and Authorize the City Manager to Execute a three-year Agreement with Two One-year Extensions based on Continued Satisfactory Performance, Subject to such Modifications as he may Deem Advisable, without materially altering the Financial Obligation contained therein. Page 6 Printed on 11/6/2020 City Council Regular Meeting November 10, 2020 F.4 20-0734 Request City Council to Approve an increase of $30,000 to Purchase Order No. 2021-0406, for a total of $45,000, for Teleflex LLC for Medical Equipment Supplies for Fiscal Year 2020/21. F.5 20-0709 Request City Council to Authorize the Purchase of a Barracuda Message Archiver, Including Licensing, Remote Consulting and Warranty, from CDW Government, LLC. in the Amount of $38,506.40. F.6 20-0714 Request City Council to Adopt Resolution No. 7677 Accepting the Fiscal Year 2019 Justice Assistance Grant (JAG) in the Amount of $28,327 and Amending the City’s FY 2020/21 fiscal budget accordingly; and to Approve the Inter-local Agreement with the County of San Bernardino and Authorize the Acting City Manager to execute the award document and any amendments he deems advisable. F.7 20-0716 Request City Council to Approve the Modified Fiscal Year 2018 Justice Assistance Grant (JAG) Inter-Local Agreement with the County of San Bernardino. F.8 20-0717 Request City Council to Approve the Modified Fiscal Year 2017 Justice Assistance Grant (JAG) Inter-Local Agreement with the County of San Bernardino. F.9 20-0679 Request City Council to (1) Accept the Casa Grande Drive Traffic Calming Project, City Project No. 190809; (2) Authorize Filing of the Notice of Completion; and (3) Authorize Release of Retention to Chrisp Company, Inc. F.10 20-0763 Request City Council to Authorize the Release of Request for Bids for Construction of Concession, Restroom, and Americans with Disabilities Act Improvements at Roger Birdsall Park, City Project No. 210304. F.11 20-0744 Request City Council to (1) Accept Bud Bender Park Sideline Fencing, City Project No. CB1902; (2) Accept the Basketball Court Improvements at Margaret Todd Park, City Project No. CB1901; (3) Authorize Filing of the Notice of Completion; and (4) Authorize the Release of Retention. F.12 20-0795 Request City Council to 1) Accept Public Improvements, 2) Authorize the Interim City Engineer to File the Notice of Completion, and 3) Approve the GASB 34 Report, all Related to the Construction and Credit Agreement with Pegasus LH, LLC, subsequently assigned to Alere Property Group, LLC (PPD No. 2017-0100). F.13 20-0761 Request City Council Approve the Release of Request for Bids (RFB) for Purchase of Electric Vehicles and Purchase and Installation of ChargePoint Electric Vehicle Charging Stations. Page 7 Printed on 11/6/2020 City Council Regular Meeting November 10, 2020 F.14 20-0753 Request City Council/Rialto Utility Authority Board to Approve Participation in the 2020 Upper Santa Ana River Integrated Regional Urban Water Management Plan to Meet the Requirements of both the Urban Water Management Planning Act and the Integrated Regional Water Management Planning Act, with a Cost-Share of $27,404. TAB PUBLIC HEARING TAB1 20-0749 Request City Council to Conduct a Public Hearing to consider Adoption of (1) Resolution No. 7679 approving Specific Plan Amendment No. 2017-0001, which is a request to change the zoning designation of approximately 4.54 gross acres of land from Support Commercial (S-C) within the Central Area Specific Plan to Multi-Family Residential (MFR) within the Central Area Specific Plan, (2) Resolution No. 7680 approving Tentative Tract Map No. 2018-0007 (TTM 20199), which is a request to allow the subdivision of approximately 4.54 gross acres of land into fifty-six (56) single-family lots and four (4) common lots, and (3) Resolution No. 7681 approving a Mitigated Negative Declaration (Environmental Assessment Review No. 2018-0099) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). (ACTION) TAB2 20-0750 Request City Council to Conduct a Public Hearing to consider (1) adoption of Resolution No. 7682 approving General Plan Amendment No. 2019-0003, which is a request to change the General Plan land use designation of a 4.65-acre parcel of land from Residential 21 to Residential 30; (2) Introduction for First Reading of Ordinance No. 1652 approving Zone Change No. 2019-0002, entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2019-0002 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 4.65 ACRES OF LAND (APN: 0131-161-27) LOCATED AT 600-614 S. RIVERSIDE AVENUE FROM MULTI-FAMILY RESIDENTIAL (R-3) to MULTI-FAMILY RESIDENTIAL (R-4)” [Reading by title only and waiving full reading thereof]; and (3) adoption of Resolution No. 7683 approving a Negative Declaration (Environmental Assessment Review No. 2019-0027 is included for consideration in conjunction with the project, in accordance with the California Environmental Quality Act (CEQA)). (ACTION) Page 8 Printed on 11/6/2020 City Council Regular Meeting November 10, 2020 TAB3 20-0725 Request City Council to Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2; Request City Council to Adopt Resolution No. 7684 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 Maintenance District No. 2; and Request City Council to Adopt Resolution No. 7685 Confirming the Engineer’s Report Regarding the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, the Levy of Annual Assessments Described Therein, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments for said Annexation. (ACTION) TAB4 20-0779 Request City Council to Conduct a Public Hearing and Solicit Public Comments from Interested Citizens to Consider and Approve the City’s 2019-2020 Consolidated Annual Performance and Evaluation Report (CAPER). (ACTION) TAB5 20-0796 Request City Council to 1) Conduct a Public Hearing Amending the Citizen Participation Plan, Amending the Fiscal Year 2019-2020 Annual Action Plan; 2) Adopt Resolution No. 7686 Amending the FY 2020-21 City Operating Budget by Increasing Revenue Estimates and Appropriations for CARES Act (COVID-19) Funding for Community Development Block Grant (CDBG-CV) Funds; 3) Accept the County of San Bernardino CARES Act Reimbursement Grant Award of $1,290,930 and the County of San Bernardino CARES Act Infrastructure Grant Award of $800,000; 4) Authorize the Issuance of a Purchase Order for the Acquisition and Installation of 293 Antimicrobial Units from Alliance Electrical Systems, Inc. for a Not-To-Exceed Amount of $1,376,915; and 5) Delegate Authority to the City Manager to Execute Required Contracts or Documents Related to the Grants or the Completion of the Infrastructure Project. (ACTION) NEW BUSINESS TAB6 20-0788 Request City Council to Approve an Agreement with Ipply Global Companies, LLC for Workforce Development/Job Training Services in an Amount Not-To-Exceed $114,324. (ACTION) Page 9 Printed on 11/6/2020 City Council Regular Meeting November 10, 2020 TAB7 20-0805 Request City Council to Approve an Agreement with Global CTI for the Acquisition, Installation, Maintenance, and Support of a Voice over Internet Protocol System (VoIP) for a Not-To-Exceed Amount of $875,213.37. (ACTION) TAB8 20-0812 Request City Council to 1) Authorize a Purchase Order with BestBuy in the Amount of $62,541.39; 2) Authorize a Purchase Order with Adobe in the Amount of $33,997.50; 3) Authorize a Purchase Order with Dell EMC for $169,508.91; 4) Approve a Purchase Order for Onyx FX in the Amount of $151,500; and 5) Approve a Purchase Order with Blink IT in the Amount of $70,062.00; to Complete Software and Hardware IT Upgrades and Complete Phase 1 of the Citywide Computer Replacement Program. (ACTION) TAB9 20-0733 Request City Council to Consider Adoption of the Fireworks Ad Hoc Committee’s Recommendation for Developing Potential Ballot Measures for the City’s Next Election. (ACTION) TAB10 20-0665 Request City Council to Authorize a Purchase Order for Fiscal Year 2021 in the Amount of $568,208 with the County of Riverside Department of Animal Services for Animal Shelter Services. (ACTION) TAB11 20-0718 Request City Council to Accept California Citizens Option for Public Safety (COPS) Allocation of 2020/2021 Funding in the Amount of $158,824. (ACTION) TAB12 20-0726 Request City Council to Approve a Records Management System, Mobile Data, Computer-Aided Dispatch, Property/Evidence Systems, CrimeMapping.com, CrimeView Desktop, Dashboard, and GeoComm Systems Annual Maintenance Agreement with Tritech Software Systems in the Amount of $216,818.33 for Fiscal Year 2020/2021. (ACTION) TAB13 20-0294 Request City Council to Approve a Cooperative Agreement with the City of San Bernardino for the Pepper Avenue Street Rehabilitation Project for Rialto’s Share in the amount of $2,880,371. (ACTION) TAB14 20-0560 Request City Council Award a Professional Services Agreement to ADVANTEC Consulting Engineers, Inc. for Preparation of a Citywide Speed and Volume Survey with Truck Route Study in the not-to-exceed amount of $125,600. (ACTION) Page 10 Printed on 11/6/2020 City Council Regular Meeting November 10, 2020 TAB15 20-0741 Request City Council to (1) Authorize Reimbursement in the amount of $473,127.24 to Lewis-Hillwood Rialto Company LLC (LHR) as per the Reimbursement Agreement for the State Route 210/Alder Interchange Project; (2) Approve a Second Amendment to the Reimbursement Agreement with LHR for Completion of Phase 2 Preliminary Engineering Evaluation Report, to begin Phase 3 Plans, Specifications and Estimates in the amount of $1,192,059; and (3) Appropriate Additional Funding in the amount $3,936,250 for the Construction of the State Route 210/Alder Interchange Project. (ACTION) TAB16 20-0742 Request City Council to Approve a Professional Services Agreement with SafeMoves for the City of Rialto, Community & Public Outreach for the Citywide Safe Route to School Program (SRTS) ATPLNI-5205(030) in the Amount of $315,000. (ACTION) TAB17 20-0762 Request City Council to 1) Award a Construction Contract to Onyx Paving Company, Inc. in the amount of $996,000 for the Curb, Gutter, and Sidewalk Improvement Project, City Project No. 210809; 2) Award a Professional Services Agreement to TRC Engineers, Inc. in the amount of $302,748.80 for Construction Management, Inspection, Labor Compliance, Geotechnical and Material Testing Services; 3) Delegate authority to the City Manager in the Not to Exceed amount of $99,600 for contingency on the Project; and 4) Delegate authority to the City Manager in the Not-to-Exceed amount of $350,000 for additional work locations and related support services. (ACTION) TAB18 20-0754 Request City Council/Rialto Utility Authority Board to Approve the Rialto Basin Groundwater Council Framework Agreement. (ACTION) TAB19 20-0752 Request City Council/Rialto Utility Authority Board: (1) Approve a Budget Resolution No. 7687; (2) Approve the First Amendment to the Four-Party Implementation Agreement for the Construction and Operation/Maintenance of the Liquid Chlorinator; and (3) Approve the Second Amendment to the Four-Party Implementation Agreement for the Backup Water Supply to the City of Colton. (ACTION) Page 11 Printed on 11/6/2020 City Council Regular Meeting November 10, 2020 TAB20 20-0793 Request City Council/Rialto Utility Authority Board to Approve a Budget Resolution No. 7688 and the Professional Services Agreement with West Yost Associates for the Preliminary Design and Grant Writing Services for Lake Rialto Habitat Management and Community Open Space Project in the Amount of $221,390. (ACTION) TAB21 20-0794 Request City Council/Rialto Utility Authority Board Approval of the 2020-2023 Labor Reset of Concession Agreement for Water in the Amount of $3,106,852 and Wastewater in the Amount of $3,393,334 and the Associated Collective Bargaining Agreement Amounts of $55,822 for Water and $61,921 for Wastewater. (ACTION) TAB22 20-0759 Request City Council to Receive an Update on and Confirm the Continued Existence of a Local Emergency Throughout the City of Rialto in Response to the COVID-19 Outbreak. (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 12 Printed on 11/6/2020