“Take Me Out To The Ballgame” Fundraiser

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City Council Meeting September 10, 2013 Agenda

Agenda of the Regular Meeting of the City of Rialto City Council

We are going to post each and every city council agenda the Monday before the meeting. We will add content in a different color to help explain items of interest or highlight items that will you need to know.

Also twitter users can follow a play by play of the council meeting by following us at www.twitter.com/Rialtosnow or following #RialtoCityCouncilMeeting. Also if your friends with Flores Park Group on Facebook our tweets land there as well.

Of course you can watch the meeting live on TV or the internet by clicking this link http://rialto.granicus.com/ViewPublisher.php?view_id=2 You can also go in person and be part of the solution and help us show our elected officials you care and are engaged.

PLEDGE OF ALLEGIANCE: Mayor Pro Tem Edward Palmer

INVOCATION: Pastor Harry Bratton – Greater Faith Grace Bible Church

City Council Regular Meeting September 10, 2013

City of Rialto Page 4 Printed on 9/5/2013

City Attorney’s Report on Closed Session

PRESENTATIONS AND PROCLAMATIONS

1. Transportation Commission 2012 Annual Report – Dennis Barton, Chairperson.

2. Cold Case Update – Lt. Hardin and Sgt. Stella.

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

The consent calendar is a collection of various items that either are of a low dollar amount and do not require the attention of a TAB ITEM, or there is nothing for the council to discuss. Yet many times items like E10 below are stuck in here to skirt the Community and even the council if they are not watching closely. This is where items like reducing the time limit from 5 to 3 minutes for public comment were laid. If it wasn’t for some council members and community members watching them it very well could have slid right by the community.

A. WAIVE FULL READING OF ORDINANCES (ACTION)

1. Waive reading in full, all ordinances considered at this meeting.

B. APPROVAL OF WARRANT RESOLUTIONS

B.1 Resolution No. 50 (06/28/13)

B.2 Resolution No. 1 (07/05/13)

B.3 Resolution No. 9A (08/30/13)

C. APPROVAL OF ACTION MINUTES

C.1 Regular City Council Meeting – June 25, 2013

D. SET PUBLIC HEARING

Here is where the public has the opportunity to address the council on anything not on the agenda – Limit to 5 minutes

D.1 Request City Council to Set a Public Hearing for September 24, 2013

to consider Development Agreement No. 13-01 between the City of Rialto

and I-210 Logistics Center II Fund IX, LLC, related to the development

of a 763,640 square foot distribution facility on a 35.2 acre site located

at the northwest corner of Baseline Road and Linden Avenue in the

Employment Zone of the Renaissance Specific Plan.

City Council Regular Meeting September 10, 2013

This is being used to set up a public hearing on a proposed logistics center being built at Linden and Baseline. So on 9-24-13 the community can come out and voice their support or concerns with this proposed project.

E. MISCELLANEOUS
E.1 Request City Council to Adopt the Updated Hazard Mitigation Plan for the

City of Rialto.

E.2 Request City Council to Approve annual purchase orders with Willdan

Financial Services in the total amount of $41,300 for the Administration

Services of the Landscape and Lighting Districts and the Community

Facilities Districts.

E.3 Request City Council to Authorize Street Closures for the Rialto Fire

Department Annual Fire Prevention Open House

Yes the council needs to approve street closures for city events.

E.4 Request City Council to Approve the Purchase of Two New Ford Escapes

for Fire Prevention in the amount of $46,671.66

2 New vehicles for the Fire Department

 

E.5 Request City Council to Ratify the Emergency Purchase and Installation of

Eight Air Conditioning Units from Davidson’s Air Conditioning & Heating,

Inc. in the amount of $25,000.

E.6 Request City Council to Authorize Issuance of a Purchase Order in the

Amount of $31,050 to Lockwood Engineering Company for Civil

Engineering Design Services for the 2013/2014 Annual Curb, Gutter and

Sidewalk Project, City Project No. CB1404.

E.7 Request City Council Approval of a Notice of Completion for the Federal

Safe Routes to School Project at Merle Casey Elementary, City Project No.

100819, Federal Aid Project No. SRTSL 5205 (014).

 

E.8 Request that the Rialto Utility Authority Approve an Extension of Site Use

Agreement by and between the Rialto Utility Authority and Hackman Capital

Equipment Acquisition Company LLC, Tiger Valuation Services LLC, and

Hunter Consulting Inc.

E.9 Request City Council to adopt Ordinance No. 1532.

ORDINANCE NO. 1532

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO,

ADDING CHAPTER 3.33 AND REPLACING CHAPTERS 3.34, 3.36, 3.40,

3.44, 3.48, 3.52, 3.56, 3.60, 3.64, 3.68 AND 3.72 OF THE RIALTO

MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES.
E.10 Request City Council to approve Engagement letter for Legal Services with

Colantuono & Levin, Professional Corporation.

Here the city is looking to use an outside Law Firm to handle a lawsuit. So we are paying Jimmy Gutierrez and his firm $600,000 thousand a year to not handle city lawsuits? Not to worry though Jimmy Gutierrez will oversee the company and charge the city hundreds of thousands of dollars to watch someone else do the job we pay him to do. Unless someone pulls this item this will be approved without a second thought more money wasting.

City Council Regular Meeting September 10, 2013

City of Rialto Page 6 Printed on 9/5/2013

TAB PUBLIC HEARING

TAB 1

Request City Council to Conduct a Public Hearing to Consider the Adoption

of Resolution No. 6332 Establishing Advertising Fees for the Rialto

Progress Community Magazine.

TAB 2

Request City Council to Conduct a Public Hearing to Consider Any

Objections from Property Owners on the Amount of Weed Abatement Costs

Assessed on Their Properties, and to Approve the Placement of Weed

Abatement Fees on County Tax Rolls.

TAB NEW BUSINESS

TAB 3

Request City Council to Approve the Preliminary Site Plan for the Bud

Bender Park Rehabilitation Project, City Project No. CB1302 and to

approve Budget

Resolution No. 6333 Appropriating $30,000 from the Park

Fund (210).

TAB 4

Request City Council to Approve and Award the Contract to Braun

Northwest in the amount of $356,259 to Refurbish Three Ambulances.

TAB 5

Request City Council to Approve the Contractual Agreement with Fire

Apparatus Solutions and Approve a Purchase Order in the amount of

$125,000.

TAB 6

Request City Council to Adopt Budget Resolution No. 6334 Appropriating

$125,000 and to Approve a Professional Services Agreement with Hall &

Foreman, Inc., in the Amount of $100,360 to Complete the City of Rialto

Master Plan of Drainage Update.

TAB 7

Request City Council to Approve a Cooperative Agreement for the

Development of a Joint Groundwater Model for the Rialto/Colton

Groundwater Basin.

TAB 8

Request City Council to Approve Amendment No. 3 to the Agreement for

Legal Services with Gutierrez, Fierro & Erickson, A Professional

Corporation.

Looks like Jimmy Gutierrez is FINALLY ready to sign his TEMPORARY contract. 

 

 

Rialto Police Department Area Command Meetings

Area Commands End of 2013The last round of Area Command meetings are happening in September and October.

The first Area Command Meeting is this Saturday at 1:00pm at Sunrise Church in North Rialto. This is Area 1 Command meeting and its a meeting you need to attend if your in the respective area. Lt. Andy Karol always brings out the resources that the community is looking for. Area Command meetings are more than a law enforcement tool to get the word out to the community. Various city departments come out and give you the information you need and answer your questions.

Be sure to attend your area command meetings. Also follow us on twitter and be given up to date information on what is going on at the area command meeting as it happens. Our twitter address is www.twitter.com/rialtosnow

Rialto Community Coalition Meeting 9-3-13

Rialto Com Coll Pic

The Rialto Community Coalition is meeting on September 3, 2013 from 6:30PM – 7:30PM at Coffee Nutzz which is located at 119 E. Foothill Blvd. Rialto, CA 92376.  The meeting agenda is attached as well as an article concerning a recent law enforcement action taken in Rialto.

Cpl. Nelson from Rialto Police Department will be out to give a presentation on the Spice Raid that the Police Department.

The Department of Mental Health will show a short informational video on the dangers of Synthetic Drugs.

Come out to Coffee Nutz in Rialto and meet with fellow community members to help create a stronger community.

Coffee Nutz

In and Out Grand Opening in RIALTO!!!!!!

In&Out Building

RIALTO FINALLY HAS A IN & OUT!!!!!!!!!!!!!!!!!!!!!!!!

Yes the long awaited fast food chains expansion has moved into RIALTO and not a moment too soon. At the August 27th Council Meeting Councilman Joe Baca Jr said that people in Rialto were looking for more food options and a way to enjoy one of the most popular Hamburger Restaurants on the West Coast. Rialto City Administrator Mike Story said that their announcement of the Grand Opening received 50,000 hits on the City of Rialto Facebook page.

On the City Administrators monthly update this was what was said of the opening:

In-N-Out Burger expects to open its Rialto store on Riverside Avenue, just south of the 210 Freeway around Labor Day. Construction crews are busy finishing the building improvements with fixtures and equipment soon to follow.

The City approved a memorandum of understanding with an exclusive developer of Chipotle stores to locate adjacent to In-N-Out Burger on a 30,000+ square foot pad. The developer intends to construct a 4,500 square foot retail module that will accommodate Chipotle and one other retail or restaurant tenant. The terms of the transaction must now be developed in a purchase and sale agreement and submitted to the City Council for consideration. Because all of the site improvements and utilities have already been installed, construction can be completed in 90 days or less once started.

This has been long awaited opening and I’m sure Thursday will be a busy, busy day.

This In & Out sits where the Old Fire Station used to be which is now located just south on Riverside Ave.

If you are out there during the Grand Opening please take pictures and tag the Rialto Now in your social media posts.

Cones Creamery 29 Cent Scoop

Cones creamery located at 119 East Foothill Blvd will be giving away Sccops of their Frozen Yogurt for only 29 cents between 4-7pm

Synthetic Drug Sweep in Rialto

We have received reports that Rialto Police Department SCAT team conducted a sweep of local businesses known to sell synthetic drugs like SPICE & BATHSALTS.

http://www.youtube.com/watch?v=-mil_VdTabk Cpl. Nelson Rialto PD gives overview of what spice is.

A Press Release from Rialto Police Department has now come out.

Spice

What we do know that we can release is this week at Eisenhower High School a package of the Synthetic Form of Marijuana called SPICE was found in a classroom. Pictured below is the brand of Synthetic Marijuana that was found this week in a classroom on the campus of Eisenhower High School. The three businesses that were found in possession of the banned substance for sale all were right next to Eisenhower High School. There have been talks in the community that banning these types of stores within a comfortable radius of our schools.

Found in a Eisenhower classroom this week

Found in a Eisenhower classroom this week

Last year a young male almost went into cardiac arrest after consuming the Synthetic Marijuana on campus. If not for the quick response of his teacher and campus security the outcome would have had a horrible ending.

School officials and staff have yet to comment on this issue for the drug being found once again on their campus.

 

Issues over Rialto City Attorney Contract

jimmy

Jimmy Gutierrez is our current city attorney in the city of Rialto. According to reports from City Hall he has operated over the last 5 years on a $600,000 a year for his base salary. What is worse is he nickel and dimes the city for every little thing he does raising the rate we pay him every year more and more.

This year with some fresh blood in the council many contracts have come under review and put back out to bid. The thought process according to Mike Story is to make sure we are getting the best bang for our buck. The city of Rialto has made changes to many contracts saving the city and the community thousands of dollars. From the contract security services, to street sweeping and technology services the fat is being cut and the city is looking to streamline services. City attorney Jimmy Gutierrez’s contract ended in June 2013. So what do we do?

Under the guise of cutting fat city council formed a committee to look at ways of reducing attorney costs for Rialto. What the Sub committee came up with was a temporary extension of City Attorney services with Jimmy Gutierrez. This was done so that the city could develop an RFP and bid out services for Attorney costs for the city. Another task was writing Jimmy Gutierrez’s extension while reducing costs. City staff reported as well as Councilwoman Lynn Hirtz over the phone that it was difficult to get Jimmy Gutierrez to make concessions on his pay to help the city further save money. It wasn’t until right before the July 23rd Council meeting that Jimmy Gutierrez reluctantly agreed to a compensation adjustment.

Joe Baca Jr. said at the July 23rd council meeting that the communities biggest issue was with the city attorney is the cost. Is that really the greatest concern of the community? I remember most recently that Jimmy Gutierrez along with City Clerk McGee gave city council direction to ignore the fact that the Rialto residents received enough signatures to remove the toxic water deal that is already hurting Rialto residents. Or how about the Super Wal-Mart that is set to increase crime and create more business blight that our city can’t or refuses to take action on. Councilman Baca seems to miss the fact that it appears our attorney has been doing his best to rip off the community under the guise of business as usual. Jimmy Gutierrez has also been arrested in suspicion of driving under the influence and was allowed to plead no contest and avoid any real consequences. Also lets not forget Jimmy Gutierrez is also the city attorney for 3 other cites.

We had the opportunity to speak with some of the players involved in this meeting:

I reached out to City Administrator Mike Story and asked who wrote this contract? It was developed by Councilman Joe Baca Jr. & Lynn Hirtz who are the subcommittee of the council looking at the contract along with Jimmy Gutierrez. So Jimmy Gutierrez and the subcommittee wrote it? Jimmy Gutierrez prepared the contract at the direction of the subcommittee. After several attempts by the subcommittee to get Jimmy Gutierrez to make their recommended changes including a reduction in fees, the subcommittee directed me (Mike Story) to make the changes they requested.

I reached out to Lynn Hirtz and she said that she only voted for the temporary contract with Jimmy Gutierrez because she felt obligated to. Councilwoman Hirtz stated over the phone that she felt obligated to vote with Councilman Joe Baca Jr. in reference to an amendment that was brought up by Councilman O’connell. Councilman O’connell brought up a very important “what if” Jimmy Gutierrez does go over the 160 hour limit each month. So mayor Deborah Robertson made a amendment that if Jimmy Gutierrez does go over the 160 limit anything over that would have to be approved by the council PRIOR to going over the limit. So due to the fact that the subcommittee that she was a part of brought this forward Lynn Hirtz & Joe Baca Jr moved and seconded the motion. She never thought of a situation where Jimmy Gutierrez would go over the 160 hours he was allotted by the temporary extension so she wasn’t sure why it was even an issue. Lynn Hirtz said she wasn’t a fan of the extension but went along with Joe Baca Jr. who was the biggest proponent of the city attorney extension. Lynn Hirtz also commented that Jimmy Gutierrez was upset that he would no longer be able to “ITEMIZE” for extra costs the gimmick he has exploited to bump up his compensation over the years.

Shawn O’Connell said July 23rd meeting I approved the contract the way it was written was never vetted by an attorney I instructed our city attorney to spend no more than 160 hours. This contract offers no way to control his ability to charge more and put the citizens at further liability which was what I was trying to convey on July 23rd. Mayor Robertson’s motion which I voted for instructed Jimmy Gutierrez to inform Mike Story before he went over the allotted 160 hours, My fear is this isn’t the way its going to work out.

The second issue is with the time line for releasing the RFP and beginning to look for other options for our city attorney. The proposed timeline for releasing the RFP begins releasing on October 1st. Mayor Pro-tem Ed Palmer asked why were we waiting until the bitter end to release the RFP. Mayor Pro-Tem said that if we run into issues like we did with security contract where there is a bump in the road. The issues was with the original RFP release schedule it would leave us without attorney services the first 14 days of January. Joe Baca Jr. refuses to look at the fact that Jimmy Gutierrez is out as our city attorney. Councilman O’Connell & Mayor Pro-Tem Palmer want to keep us from keeping someone on as our attorney that will act as a disgruntle employee.

What was most frustrating was that even though Lynn Hirtz saw an issue with the late releasing of the RFP she voted for it out of pressure to do so by Mayor Robertson & Councilman Baca Jr. because she was on the subcommittee. When I asked her over the phone about it she said she wanted to vote with Councilman O’Connell and Mayor Pro-Tem Palmer but she felt obligated to vote with her subcommittee co-member. I asked her if she thought Jimmy Gutierrez was going to mail it in these last months and try and collect as much money as possible. She said she never thought about that but since I brought it up she was so worried I was right and she may have made a poor decision.

I spoke to Councilman O’Connell prior to posting this story. Councilman O’Connell stated that the city attorney has yet to sign this contract offering the council and COMMUNITY the unique opportunity to revisit the contract and make the appropriate changes. The ACTIONABLE item is TAB 6 on the upcoming council meeting this Augsut 27th meeting at 6 pm.

So the question is do you agree with Councilman Joe Baca Jr. is the amount of the contract the ONLY issue you have with the city attorney contract? If it is do you believe that Jimmy Gutierrez waiting until the last moment to reluctantly agree to a reduction in fees then not sign the contract after a month does that sound like someone that is willing to work on price? Why does Councilman Joe Baca Jr. appear to run to Jimmy Gutierrez’s defense at every turn? What does that relationship pay the Baca family back? Where is the value for such a vigorous defense? Councilman O’Connell is right we have a unique opportunity here.

Watch the council meeting for yourself these tab items are at the end

http://www.youtube.com/watch?v=W9QcQ26VvwQ

Jimmy Gutierrez can charge $225 an hour for attorney services and $75 an hour for paralegal services.

Road Rage Turns Deadly

RIALTO — A man and woman were killed and two children were seriously injured early Thursday in a car crash police allege was due to road rage.

Rialto police say Yvette Pulido, 31, of Fontana got into a dispute with another driver at Cactus Avenue and the 210 Freeway at 12:16 a.m. That dispute continued southbound until the drivers reached the railroad tracks when a train was coming through, said Rialto police Capt. Randy DeAnda.

“The victim tried to flip a U-turn and (Pulido) intentionally collided into them,” DeAnda said.

 

Pulido then sped away and lost control on Cactus, sliding nearly 300 feet into a tree. The impact knocked out a large hole in the block wall behind the tree.

Pulido’s fiance, Martin Serrano, 32, of Bloomington was thrown from the car. He and Pulido were pronounced dead at the scene.

Rialto firefighters worked frantically to rescue Pulido’s 1 and 6-year-old sons, who became pinned in the back seat.

“We had to take off the whole roof and we had to move the front seat back to the front to access the kids in the back,” said Rialto firefighter paramedic Matt Payne.

 

Police said it appeared Pulido was trying to make a left turn onto Alru Street when she lost control. DeAnda estimated she was driving at least 80 mph.

“She was going way too fast,” DeAnda said.

The 6-year-old boy suffered broken legs in the crash and the 1-year-old received cuts and scratches.

“It’s a miracle that those children survived the crash,” DeAnda said. “The 1-year-old should have been in a child seat. He had just a seat belt on.”

Maryann Pabon and other neighbors gathered near the crash scene after San Bernardino County coroner’s personnel picked up Pulido and Serrano.

 

She said she heard the crash from her house nearby.

“We just heard a bang,” she said. “What really made me know something was wrong was my dog and my neighbor’s dog started going crazy with the sirens.”

Robert Hernandez, a friend of Serrano and Pulido, said the couple had been heading home, but didn’t know where they were coming from.

“They were going to get married and asked me to be the best man,” he said.

They had been engaged three months. Thursday was Pulido’s birthday.

He described Serrano as a hard worker who loaded and unloaded trucks for Kuehne and Nagel in Rialto. He got the job through an Ontario employment agency where Hernandez works.

Pulido was a homemaker.

“She was a beautiful person,” Hernandez said.

Story provided by SB Sun Newspaper at the following link http://www.sbsun.com/general-news/20130815/rialto-road-rage-crash-kills-2-updated

Coffee with the Chief Re-Cap

RPBA

With yet another coffee with the chief coming and going I thought it would be nice to highlight what was talked about at the August meeting at Coffee Nutz.

Twenty four people attended the event and we had people from all walks of life and various organizations that serve various purposes for the community.

In attendance (of note) were Linda Chapman Humans Relations Commission, Michael Townsend from the Department of Mental Health, Phyllis and John Hangman from Friends of the Rialto K-9’s, Joe Britt Park and Rec commissioner, Andy Carzales Rialto Beatification Commission. As well as Captain Randy Deanda and Chief Farrar from Rialto PD & two raido personalities from Q104.7 were doing a live remote in the parking lot and decided to join us.

Chief Farrar began by thanking everyone for coming. He then began talking about the extreme success of Rialto’s National Night Out event on August sixth. Chief Farrar stated they had just over five thousand people come out to this years event two thousand more than last year. He commented on how well the event went and that it was the best National Night Out event the city or county had ever put on. He said there was room for improvement but that overall the event was top notch. The highlight was for the people who hung around to see the police helicopter lift off from the event. Chief Farrar asked the people in attendance what they thought could be improved for next years event.

The next topic of conversation were the upcoming Area Command meetings. These meetings offer the community, city and police department a opportunity to connect and dialogue. Various city departments come out and give you the information you need to easily live here in the city. For info on the meeting dates, times and locations just look for the link on the right hand side of our page.

The topic of the AB 109 Early Release program came up due to the courts ordering Governor Brown to release another ten thousand inmates. Chief Farrar told the community that Rialto PD has been working to stay one step ahead of the criminals. These ways include an full time probation officer that works at Rialto PD, using electronic advances to track criminals, applying for more grants and working with other local agencies.

The last topic spoke to who our Police Chief really is it spoke to his heart. Chief Farrar spoke about a strong passion to reach our youth. Not just the good kids that have normal nuclear families that don’t have negative contact with the police but all youth especially the under privileged youth that shy away from telling police officials their true fears and concerns. This desire chief Farrar has isn’t a fishing expedition to lock up more criminals but a true heart felt desire to show the entire community that his department truly cares. What was awesome is everyone there bought right in and began talking out the idea of how to involve our youth. This is where Annette Pulido the promotions person from Q104.7 spoke up and offered to assist the city and police department with this and other outreach opportunities.

One thing that is missing is a constant presence by School District Official. Every single meeting there are constant questions about our children’s safety. This is just an observation by me but it seems Rialto Unified really doesn’t care how we feel about school safety or our children’s safety. It is sad because Edgar Montes has attended a few times but beyond that nobody. Rialto Unified has a School Safety Department and their office can’t send down one official to listen and log the long list of issues the community has with school safety.

Here is what else is awesome when I brought up the response some of our readers had to the time of the meetings and how morning meeting during the week excludes a portion of the community. Chief Farrar said lets make it happen so all you that commented on the time of the meetings here you go.

There is a lot going on in Rialto and everyone is working hard towards making this a community to be proud of. But it takes everyone working towards the same goal. So ask yourself what are you doing to help make this city a better place and can you do more?

 

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