City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Agenda 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 Rod Foster City Manager Tuesday, June 9, 2020 5:00 PM 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 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 OPEN TO THE PUBLIC WITH LIMITED SEATING INSIDE THE COUNCIL CHAMBERS. OVERFLOW SEATING WILL BE AVAILABLE OUTSIDE THE CITY COUNCIL CHAMBERS DURING THE CITY COUNCIL MEETING ON TUESDAY, JUNE 9, 2020. MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE COUNCIL MEETING AND PROVIDE COMMENTS ON ITEMS IN A NUMBER OF DIFFERENT WAYS: • YOU MAY WATCH THE MEETING LIVE ON SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99 AND LIVESTREAMED ONLINE AT YOURRIALTO.COM. • YOU MAY SUBMIT WRITTEN COMMENTS FOR GENERAL PUBLIC COMMENT OR ON ANY AGENDA ITEM, AT LEAST ONE HOUR BEFORE THE MEETING TIME AS FOLLOWS:, , o IN WRITING VIA MAIL TO: CITY OF RIALTO “ATTN: CITY CLERK,” 150 S PALM AVE, RIALTO, CA 92376; o BY EMAIL TO CITYCLERK@RIALTOCA.GOV; OR o THROUGH E-COMMENT (SUBMIT COMMENTS BY CLICKING “E-COMMENT” NEXT TO THE ONLINE AGENDA LINK VIA THE CITY WEBSITE). • YOU MAY LEAVE A RECORDED MESSAGE AT (909) 644-6905 OF NO MORE THAN FIVE MINUTES IN LENGTH AND THE MESSAGE WILL BE PLAYED OR READ ALOUD DURING THE AGENDA ITEM. Page 1 Printed on 6/5/2020 City Council Agenda June 9, 2020 Pursuant to the Ralph M. Brown Act, members of the public are afforded an opportunity to comment on any listed agenda item. Please notify the City Clerk if you wish to do so and see the special COVID-19 Emergency instructions above. 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 and on the City’s website at www.yourrialto.com 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. The Council may not act on items not appearing on the agenda, including public comments, except to make a brief response, ask questions of fact or to direct the City Manager to obtain additional information regarding the matter. In certain urgent circumstances the City Council may, in its discretion, determine to add an item if it if considered to be an “item of subsequent need” or an “emergency” item and the item is added in compliance with Government Code section 54954.2(b). 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 Tile II). Next Ordinance No. 1640 Next Resolution No. 7633 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 6/5/2020 City Council Agenda June 9, 2020 5:00 p.m. CLOSED SESSION 1 20-0386 LIABILITY CLAIM Pursuant to Government Code section 54956.95 Two Matters: 1. Claimant: Allstate Insurance aso Alma Acosta Agency: City of Rialto 2. Claimant: L. Araiza Agency: City of Rialto 2 20-0438 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) One (1) matter 3 20-0427 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) Three Related matters Matters: Odila Penaloza & Samantha Goode v. City of Rialto; et al. USDC Case No. 5:19-cv-01642 Odila Penaloza & Samantha Goode v. City of Rialto; et al. SBSC Case No. CIVDS1918930 Odila Penaloza & Samantha Goode v. City of Rialto; et al. Ninth Circuit Case No. 20-55164 4 20-0428 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code section 54957.6 Agency designated representative: City Manager Rod Foster Employee Organizations: RPBA - Management RPBA - General RFMA RMMA RCEA CGMA LOCAL 3688 Page 3 Printed on 6/5/2020 City Council Agenda June 9, 2020 5 20-0429 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code section 54966.8 Property: 141 S. Riverside Avenue, Rialto, CA Agency Negotiator: City Manager Rod Foster Negotiating Parties: Existing occupants; Under Negotiation: Rent and terms of occupancy Page 4 Printed on 6/5/2020 City Council Agenda June 9, 2020 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - Pastor Victor Lopez - Calvary Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 20-0443 Presentation - New Interim Finance Director, Bob Chandler - Rod Foster, City Manager 2 20-0439 Presentation - Ipply Education Services - Del Lewis, CEO 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 20-0418 Warrant Resolution No.46 (05/28/2020) B.2 20-0417 Warrant Resolution No.47 (06/04/2020) C. APPROVAL OF MINUTES C.1 20-0416 Regular City Council Meeting - May 12, 2020 Page 5 Printed on 6/5/2020 City Council Agenda June 9, 2020 D. CLAIMS AGAINST THE CITY D.1 20-0419 Stephen Mercado - Vehicle Damage D.2 20-0420 Brittney Jones - Vehicle Damage E. SET PUBLIC HEARING E.1 20-0353 Request City Council/Rialto Utility Authority to Set a Public Hearing for July 14, 2020, to Receive Public Comment Related to the Placement of Sewer Service Charges on the County Property Tax Roll for Delinquent Accounts. E.2 20-0389 Request City Council to Set a Public Hearing for June 23, 2020, to consider an Ordinance to amend various provisions of the Rialto Municipal Code to eliminate the Development Review Committee (DRC), delegate its authority to approve Precise Plan of Design applications to the Planning Commission and Community Development Director, make corresponding amendments, and to repeal Resolution No. 2507. E.3 20-0251 Request City Council to Set a Public Hearing for June 23, 2020, to consider 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) Zone Change No. 2019-0002, which is a request to change the zoning designation of a 4.65-acre parcel of land from Multi-Family Residential (R-3) to Multi-Family Residential (R-4), and (3) a Negative Declaration (Environmental Assessment Review No. 2019-0027) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). E.4 20-0377 Request City Council to Adopt: (1) Resolution No. 7617, Resolution No. 7618, and Resolution No. 7619 Related to Street Light Maintenance District No.1; (2) Resolution No. 7620, Resolution No. 7621, and Resolution No. 7622 for Landscape Maintenance District No. 1 and Landscaping and Lighting Maintenance District No. 2 and; (3) Resolution No. 7623, Resolution No. 7624, and Resolution No. 7625, Setting a Public Hearing for July 14, 2020, to Consider the Levy and Collection of Assessments Therein. Page 6 Printed on 6/5/2020 City Council Agenda June 9, 2020 E.5 20-0412 Request City Council and Rialto Housing Authority to Set a joint Public Hearing for June 23, 2020 to consider a third amendment to the Affordable Housing, Financing, Disposition, and Development Agreement for a 55-unit affordable housing project (Metrolink South Project) located on the north side of Bonnie View Avenue approximately 300 feet west of Riverside Avenue (APN: 0131-021-40). F. MISCELLANEOUS F.1 20-0392 Request City Council to Receive and File the September 2019 through March 2020 Treasurer’s Report. F.2 20-0371 Request City Council to Accept the Frisbie Park Sewer Lift Station Project, City Project No. 190501; Authorize Filing of the Notice of Completion; and Authorize Release of Retention to Kirtley Construction, Inc. (DBA TK Construction). F.3 20-0406 Request City Council to 1) 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 . TAB PUBLIC HEARING TAB1 20-0399 Request City Council to Conduct a Public Hearing to consider Adoption of (1) Resolution No. 7612 approving General Plan Amendment No. 2019-0007, which is a request to change the general plan land use designation of approximately 3.92 acres of land to Residential 6, (2) Ordinance No. 1639 approving Zone Change No. 2019-0005, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2019-0005 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 8.67 ACRES OF LAND (APNS: 0131-131-13, -14, & -23) LOCATED ON THE EAST SIDE OF ACACIA AVENUE APPROXIMATELY 775 FEET NORTH OF RANDALL AVENUE FROM AGRICULTURAL (A-1) TO MULTI-FAMILY RESIDENTIAL (R-3)” [Reading by title only and waiving full reading thereof], (3) Resolution No. 7613 approving Tentative Tract Map No. 2019-0004 (TTM 20237), which is a request to allow the subdivision of approximately 8.67 acres of land into fifty-two (52) single-family lots and nine (9) common lots. Resolution No. 7614 approving a Mitigated Negative Declaration ( Environmental Assessment Review No. 2019-0082) is included for consideration in conjunction with the project, in accordance with the California Environmental Quality Act (CEQA). The project site is located on the east side of Acacia Avenue approximately 775 feet north of Randall Avenue. (ACTION) Page 7 Printed on 6/5/2020 City Council Agenda June 9, 2020 TAB2 20-0435 Request City Council to Continue the Public Hearing to consider Adoption of a Resolution approving General Plan Amendment No. 2020-0002 for the 2014-2021 Four Year (Mid-Cycle) Housing Element Update, and to consider Zoning Code Amendment No. 2020-0003. (ACTION) TAB3 20-0338 Request City Council/Rialto Utility Authority: (1) Conduct a Public Hearing to Receive Comment and Consider the Vacation of A Sewer Easement, Approve Resolution No. 7626 and RUA Resolution No. 04-20 to Vacate the Sewer Easement, and (2) Approve Resolution No. 7627 and RUA No. Resolution 05-20 to Accept a Sewer Easement, and (3) Approve Resolution No. 7628 and RUA Resolution No. 06-20 to Accept an Access Easement for the Property Located at 417 West Valley Boulevard, Approximately 330 Feet East of Lilac Avenue, Assessor’s Parcel Number 0132-191-15. (ACTION) TAB4 20-0402 Request City Council to Conduct the continued Public Hearing to Consider the City’s Community Development Block Grant (CDBG) Five-Year Consolidated Plan (2020-2024), Annual Action Plan (2020-2021), Citizen Participation Plan, and Analysis of Impediments to Fair Housing Choice (2020-2024). At the conclusion of the public hearing and Council comments, Consider the Staff Recommendations detailed herein, make any modifications to said CDBG documents/allocations deemed appropriate by the Council, and subsequently approve the documents for submission/processing with the Federal Government. (ACTION) NEW BUSINESS TAB5 20-0401 Request City Council to Provide Direction to Staff on the Use and Allocation of the Community Development Block Grant (CDBG) CARES Act Funding and Set a Public Hearing for June 23, 2020. (ACTION) TAB6 20-0390 Request City Council Adopt (1) Resolution No. 7629 Stating Intention of the City Council of the City of Rialto to Establish City of Rialto Community Facilities District No. 2020-1 (El Rancho Verde) and to Authorize the Levy of Special Taxes within said District, and (2) Resolution No. 7630 of the City Council of the City of Rialto to Incur Bonded Indebtedness in the Amount of Not to Exceed $20,000,000 within Proposed Improvement Area No. 1, and $20,000,000 within Proposed Improvement Area No. 2, of City of Rialto Community Facilities District No. 2020-1 (El Rancho Verde), and (3) setting a Public Hearing for July 14, 2020. (ACTION) Page 8 Printed on 6/5/2020 City Council Agenda June 9, 2020 TAB7 20-0400 Request City Council consider Adoption of (1) Resolution No. 7631 Declaring Its Intention to Annex Territory (Bella Villagio and Santiago) to Community Facilities District No. 2016-1 (Public Services) and includes a Boundary Map showing the proposed territory, the Rate and Method of Apportionment and sets a Public Hearing for July 14, 2020. (ACTION) TAB8 20-0408 Request City Council 1) Select an Option for the Dog Park Design; 2) Direct staff to request a cost proposal from the Contractor and, if needed, authorize staff to release request for bids; and 3) Authorize the City Manager to sign a change order up to the staff cost estimate for the selected Option. (ACTION) TAB9 20-0409 Request City Council to 1) Receive an Update on Fireworks Enforcement for 2020; 2) Adopt Resolution No. 7632 Ratifying the Director of Emergency Services Order Suspending the Sale, Use and Possession of Safe and Sane Fireworks in the City of Rialto, and; 3) Direct the City Clerk and Staff to Prepare a Measure for Public Vote on the November 3, 2020 General Election Considering the Banning of All Fireworks in the City of Rialto. (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 9 Printed on 6/5/2020