City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting ACTION AGENDA Tuesday, March 28, 2017 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 Mike Story City Administrator
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.1589 Next Resolution No.7105 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 City of Rialto Page 2 Printed on 3/23/2017
5:00 p.m. CLOSED SESSION 1 17-259 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) Timothy Heinemeyer v. City of Rialto WCAB SAC0000178755 (b) Benjamin Limon v. City of Rialto US District Court Central District of CA, 2:16-cv-03938 (c) Deborah Draper v. City of Rialto, Rialto Unified School District San Bernardino County Superior Court CIVDS 1501364 (d) Sherwin Lewis v. City of Rialto, Rialto Unified School District San Bernardino County Superior Court CIVDS 1600381 (e) George Cornwell v. Miguel Tiscareno & City of Rialto San Bernardino County Superior Court CIVDS 1514990 2 17-267 Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of cases: One case. 6:00 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE-Mayor Pro Tem Ed Scott INVOCATION-Father Rogelio Gonzalez-St. Catherine of Siena Catholic Church City Attorney s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 17-269 Certificate of Recognition to Sara Garcia-Council Member Rafael Trujillo 2 17-260 Presentation on Proposition 64 and Marijuana Law Chris Neumeyer, Deputy City Attorney City of Rialto Page 3 Printed on 3/23/2017
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. carried by 4-0 vote to approve the Consent Calendar. Mayor Robertson was absent. 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 17-254 Resolution No. 33 (03/03/17) B.2 17-255 Resolution No. 34 (03/10/17) C. APPROVAL OF MINUTES C.1 17-253 Regular City Council Meeting - March 14, 2017 D. CLAIMS AGAINST THE CITY D.1 17-256 Valerie Rivera - Vehicle Damage D.2 17-257 Steven Roadarmel - Vehicle Damage D.3 17-258 Roberto Nunez - Vehicle Damage E. SET PUBLIC HEARING E.1 17-200 Request City Council to Adopt Resolution No. 7091 and Set a Public Hearing for April 11, 2017, to Consider Ordering the Abatement of Weeds on Various Properties within the City limits, and to hear any Objections to Imposing the Abatement Cost Therefore as a Lien Against Parcels of Property Set Forth in Exhibit A. E.2 17-232 Request City Council to Set a Public Hearing for April 11, 2017 to consider: 1) an Ordinance Adding Section 15.59 to the Rialto Municipal Code Establishing a Fee-Based Program for Fire and Life Safety City of Rialto Page 4 Printed on 3/23/2017
Inspections of Non-Residential Occupancies and, 2) Adopting a Resolution Setting Forth Fees for Non-Residential Fire Inspections. E.3 17-234 Request City Council to Set a Public Hearing for April 25, 2017, to Approve the Naming of a Park to be built at the Northeast corner of Randall Avenue and Cactus Avenue Joe Sampson Park. E.4 17-242 Request City Council to Set a Public Hearing for April 25, 2017, Approve the Naming of the Renaissance Park, Joe Baca, Sr./David Turch Park. E.5 17-182 Request City Council to Set a Public Hearing for May 23, 2017 to Conduct a Property Owner Protest Ballot Proceeding; Adopt Resolution No. 7092 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 2017/2018; and Adopt Resolution No. 7093 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 2017/2018. F. MISCELLANEOUS F.1 17-184 Request City Council to Authorize the Release of 17-088 for the 2017-2018 Citywide Roof Repairs No. 170202. F.2 17-230 Request for Bid No. Project, City Project Request City Council to Adopt Resolution No. 7094 Authorizing the Destruction of Certain Municipal Records of the City Treasurers Office. F.3 17-239 Request City Council to Approve a Professional Services Agreement with Converse Consultants for $40,410.00 to provide Oversight Services for Contaminated Soil Removal and Placement. F.4 17-261 Request City Council to Adopt Budget Resolution No. 7081 for the Cactus/Randall Park Development Project. F.5 17-264 Request City Council to Approve Resolution No. 7095 in Support of and Participation in the Wyland National Mayor s Challenge for Conservation. City of Rialto Page 5 Printed on 3/23/2017
TAB NEW BUSINESS TAB1 17-156 Request City Council to Approve Budget Resolution No. 7096, Rialto Successor Agency Resolution No. SA5-17 and Rialto Housing Authority Resolution No. 02-17 to Amend Estimated Revenues and Appropriations for the Fiscal Year 2016/2017 Budgets of the City, Redevelopment Successor Agency, Rialto Housing Authority; and Approve Resolution No. 7097 Adding Director of Human Resources and Risk Management to the Authorized Positions List And Resolution No. 7098 Amending the Authorized Positions List. carried by 4-0 vote to approve Tab 1 as amended to remove the Community Services position from the authorized positions List. Mayor Robertson was absent. TAB2 17-244 Request City Council to Approve a Professional Services Agreement with Presidio Networked Solutions Group, LLC, for Systems Network Engineer services on a month-to-month contract rate of $93.75 per hour and to increase the existing Purchase Order 2017-1598 in the amount of $233,000 for total not-to exceed amount of $278,000 to expire June 30, 2018. carried by 4-0 vote to approve Tab 2. Mayor Robertson was absent. TAB3 17-233 Request City Council to Approve Amendment No. 1 to a Professional Services Agreement between the City of Rialto and STK Architecture for site design and planning services for Fire Station 205 for a total contract amount not to exceed $86,510. Motion by Council Member Baca Jr., second by Council Member Carrizales and carried by 4-0 vote to Tab 3. Mayor Robertson was absent. TAB4 17-120 Request City Council to Approve First Restated and Amended Purchase and Sale Agreement between the City of Rialto and Arrow United Investment LLC; the Purchase and Sale Agreement by and between the City of Rialto and Bruno Mancielli; and, the Second Amendment to the Purchase Agreement by and between the City of Rialto and the County of San Bernardino all related to the purchase and concurrent conveyance of County property (portions of APN 1119-241-01 and 02) for $4,600,000. City of Rialto Page 6 Printed on 3/23/2017
carried by 4-0 vote to Tab 4. Mayor Robertson was absent. TAB5 17-237 Request City Council to Adopt Joint Resolution No. SA6-17 Approving an Agreement for the Purchase and Sale of Real Property by and between the Successor Agency and the City of Rialto related to the City s purchase of a Successor Agency parcel situated east of Ayala Avenue and north of Easton Avenue/Renaissance Parkway for $1,342,000. carried by 3-0 vote to approve Tab 5. Mayor Robertson was absent. Council Member Carrizales abstained. TAB6 17-247 Request City Council to Approve a Purchase and Sale Agreement by and between the City of Rialto and the County of San Bernardino Flood Control District related to the City s purchase of a County parcel situated east of Ayala Avenue and north of Easton Avenue/Renaissance Parkway for $1,661,000 and Adopt a Budget Resolution No. 7099 Appropriating Funding in the amount of $1,671,000. carried by 3-0 vote to approve Tab 6. Mayor Robertson was absent. Council Member Carrizales abstained. TAB7 17-252 Request City Council to Approve a Construction Reimbursement Agreement by and between the City of Rialto and Ayala@210LLC and Adopt Budget Resolution No. 7100 Appropriating Funds for maximum cost of $1,321,491. carried by 3-0 vote to approve Tab 7. Mayor Robertson was absent. Council Member Carrizales abstained. TAB8 17-225 Request City Council to Approve the First Amendment to the Professional Services Agreement with FG Solutions, LLC for Additional Services Related to the Efficiency-based, Water Rate Study in the Amount of $31,040 increasing the total agreement cost to $75,750. Motion by Council Member Baca Jr., second by Council Member Carrizales and carried by 4-0 vote to approve Tab 8. Mayor Robertson was absent. City of Rialto Page 7 Printed on 3/23/2017
TAB9 17-174 Request City Council to Approve a Fourth Amendment to the Professional Services Agreement with Harris & Associates for the 2017 Street Overlay Project, City Project No. 170804, in the Amount of $88,008. carried by 4-0 vote to approve Tab 9 as amended to condense design schedule. Mayor Robertson was absent. TAB10 17-186 Request City Council to Adopt Budget Resolution No. 7101 and Authorize an Increase to the Purchase Orders (PO) in the amount of $818,000 for a cumulative PO of $1,518,000 with Lockwood Engineering Company On-Call Civil Engineering Plan Check and Related Engineering Services. carried by 3-1 vote to approve Tab 10. Mayor Robertson was absent. Mayor Pro Tem Scott voted no. TAB11 17-210 Request City Council to (1) Approve a Cooperative Agreement with San Bernardino County for the North Bloomington ADA Ramp Project; (2) Adopt Resolution No. 7102 for $103,103 for the North Bloomington ADA Ramp Project, City Project No. 170815. carried by 4-0 vote to approve Tab 11. Mayor Robertson was absent. TAB12 17-211 Request City Council to (1) Approve a Cooperative Agreement with San Bernardino County for the North Bloomington Chip Seal Project; (2) Adopt Resolution No. 7103 amending the 2016-17 Fiscal Budget appropriating $138,203 for the North Bloomington Chip Seal Project, City Project No. 170816. Motion by Council Member Baca Jr., second by Council Member Carrizales and carried by 4-0 vote to approve the Consent Calendar. Mayor Robertson was absent. City of Rialto Page 8 Printed on 3/23/2017
TAB13 17-224 Request City Council to Adopt Resolution No. 7104 Accepting the Highway Safety Improvement Program Cycle 8 Grant from the Federal Statewide Transportation Improvement Plan in the amount of $990,000, Amending the Fiscal Year 2016/2017 Budget and Capital Improvement Program, for the Installation of Protected Left-Turn Signal Phasing and Traffic Signal Hardware Improvements at Four (4) Intersections. Motion by Council Member Baca Jr., second by Council Member Carrizales and carried by 4-0 vote to approve the Consent Calendar. Mayor Robertson was absent. REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY ADMINISTRATOR: ADJOURNMENT City of Rialto Page 9 Printed on 3/23/2017