City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, July 14, 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 Rod Foster City Manager City Council Regular Meeting July 14, 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 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, JULY 14, 2020. THE PUBLIC WILL HAVE AN OPPORTUNITY TO SPEAK ON ANY ITEM USING THE PODIUM INSIDE COUNCIL CHAMBERS. 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.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. 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. 1649 Next Resolution No. 7648 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 7/9/2020 City Council Regular Meeting July 14, 2020 5:00 p.m. CLOSED SESSION 1 20-0514 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) Six (6) matters: (1) Three Related 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 (2) Three Related Matters Adam Fodrey v. City of Rialto; et al. USDC Case No. 5:18-cv-02434-SJO-SP Adam Fodrey v. City of Rialto; et al. Ninth Circuit Case No. 20-55474 People of the State of California v. Adam Fodrey SBSC Case No. MWV17000657 Page 3 Printed on 7/9/2020 City Council Regular Meeting July 14, 2020 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - Pastor Harry Bratton - Greater Faith Grace Bible Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 20-0517 Presentation - Council Member Rafael Trujillo 2 20-0467 Census Update - Lupe Camacho - Partnership Coordinator 3 20-0529 Resolution of Appreciation-Director of Community Service Perry Brents -Mayor Deborah Robertson 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 20-0489 Warrant Resolution No.50 (06/25/2020) B.2 20-0501 Warrant Resolution No.50a (06/25/2020) B.3 20-0502 Warrant Resolution No.1 (07/01/2020) Page 4 Printed on 7/9/2020 City Council Regular Meeting July 14, 2020 B.4 20-0513 Warrant Resolution No. 1a (07/01/2020) B.5 20-0526 Warrant Resolution No.2 (07/09/2020) B.6 20-0527 Warrant Resolution No.2a (07/09/2020) C. APPROVAL OF MINUTES C.1 20-0503 Regular City Council Meeting - June 23, 2020 D. MISCELLANEOUS D.1 20-0451 Request City Council to Approve the 2020 Investment Policy. D.2 20-0505 Request City Council to Approve the Purchase of a Scheduling System Software from InTime Services, Inc. for use by the Rialto Police Department in the Amount of $34,870. D.3 20-0487 Request City Council to Adopt Resolution No. 7638 Accepting the 2019 Report on the Status of All State-Mandated Annual Fire Inspections in the City of Rialto in conjunction with SB1205 (Compliance Report for State-Mandated Annual Fire Inspections) and the California Health and Safety Code Section 13146.4. D.4 20-0508 Request City Council to Adopt Resolution No. 7639 Setting the Fiscal Year 2020/2021 Tax Rate for PERS Retirement Cost at $0 (zero). D.5 20-0495 Request City Council to Adopt by Second Reading ORDINANCE NO. 1640 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING PORTIONS OF THE ZONING ORDINANCE OF THE RIALTO MUNICIPAL CODE REGARDING MANUFACTURED HOMES” D.6 20-0496 Request City Council to Adopt by Second Reading ORDINANCE NO. 1641 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTION 18.10.020(J) OF THE RIALTO MUNICIPAL CODE AND ADDING SECTION 18.10.070 TO THE RIALTO MUNICIPAL CODE REGARDING DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS” Page 5 Printed on 7/9/2020 City Council Regular Meeting July 14, 2020 D.7 20-0497 Request City Council to Adopt by Second Reading ORDINANCE NO. 1642 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING PORTIONS OF TITLE 18 OF THE RIALTO MUNICIPAL CODE TO ALLOW “EMERGENCY SHELTERS” AS A PERMITTED BY-RIGHT USE IN THE INDUSTRIAL PARK (I-P) ZONE OF THE GATEWAY SPECIFIC PLAN AND ESTABLISH OPERATION STANDARDS AND DEVELOPMENT CRITERIA FOR SAID “EMERGENCY SHELTERS”; AND, LIST “SUPPORTIVE HOUSING” AND “TRANSITIONAL HOUSING” AS A PERMITTED BY-RIGHT USE IN THE AGRICULTURAL (A-1), SINGLE-FAMILY RESIDENTIAL (R-1A, R-1B, R-1C, & R-1D), AND PLANNED RESIDENTIAL DEVELOPMENT (PRD-A & PRD-D) ZONES” D.8 20-0498 Request City Council to Adopt by Second Reading ORDINANCE NO. 1643 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO CALIFORNIA ADDING CHAPTER 18.101 (DENSITY BONUS AND OTHER INCENTIVES) TO THE RIALTO MUNICIPAL CODE” D.9 20-0499 Request City Council to Adopt by Second Reading ORDINANCE NO. 1644 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADDING CHAPTER 18.107 TO THE RIALTO MUNICIPAL CODE REGARDING REQUESTS FOR REASONABLE ACCOMMODATION” D.10 20-0494 Request City Council to Adopt by Second Reading ORDINANCE NO. 1645 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO AMENDING VARIOUS PROVISIONS OF THE RIALTO MUNICIPAL CODE TO ELIMINATE THE DEVELOPMENT REVIEW COMMITTEE (DRC), DELEGATE ITS AUTHORITY TO APPROVE PRECISE PLANS OF DESIGN TO THE PLANNING COMMISSION AND DIRECTOR OF COMMUNITY DEVELOPMENT AND MAKE CORRESPONDING AMENDMENTS, AND TO REPEAL RESOLUTION NO. 2507” D.11 20-0493 Request City Council to Adopt by Second Reading ORDINANCE NO. 1646 “AN ORDINANCE OF THE CITY COUNCIL ACTING AS THE RIALTO HOUSING AUTHORITY OF THE CITY OF RIALTO, CALIFORNIA, APPROVING A THIRD AMENDMENT TO THE AFFORDABLE HOUSING, FINANCING, DISPOSITION, AND DEVELOPMENT AGREEMENT FOR A 55-UNIT AFFORDABLE HOUSING PROJECT” Page 6 Printed on 7/9/2020 City Council Regular Meeting July 14, 2020 D.12 20-0500 Request City Council to Adopt by Second Reading ORDINANCE NO. 1647 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, STATE OF CALIFORNIA, ADDING CHAPTER 2.70 “ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES CAMPAIGN DISCLOSURE STATEMENTS” OF TITLE 2 “ADMINISTRATION AND PERSONNEL” TO THE RIALTO MUNICIPAL CODE RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS” D.13 20-0492 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. TAB PUBLIC HEARING TAB1 20-0354 Request City Council/Rialto Utility Authority Board to Conduct a Public Hearing to Adopt Resolution No. 7640 Authorizing the Placement of Wastewater Service Charges on the County Property Tax Roll for Delinquent Accounts. (ACTION) TAB2 20-0504 Request City Council to Conduct a Public Hearing to Adopt (1) Resolution No. 7641, Authorizing The Annexation Of Territory To Community Facilities District No. 2016-1 (Public Services) (Annexation No. 3) And Authorizing The Levy Of A Special Tax And Submitting The Levy Of Tax To The Qualified Electors; (2) Resolution No. 7642, Calling A Special Election And Submitting To The Voters Of Annexation No. 3 Of City Of Rialto Community Facilities District No. 2016-1 (Public Services) Propositions Regarding The Annual Levy Of Special Taxes Within Annexation No. 3 To Finance Public Services, And The Establishment Of An Appropriations Limit; (3) Hold A Special Election by Opening Ballots; (4) Following The Election Adopt Resolution No. 7643. Making Certain Findings, Certifying The Results Of The Election And Adding Property To Community Facilities District No. 2016-1 (Public Services) (Annexation No. 3) (ACTION) Page 7 Printed on 7/9/2020 City Council Regular Meeting July 14, 2020 TAB3 20-0511 Request City Council to Conduct a Public Hearing to Adopt (1) Resolution No. 7644, Confirming the Validity of the Prior Proceedings, Establishing CFD 2020-1 and Improvement Areas Nos. 1 and 2, Authorizing the Levy of a Special Tax, Submitting the Levy of Tax to the Qualified Electors and Establishing an Appropriations Limit; (2) Resolution No. 7645, Approving a Joint Community Facilities Agreement and a Funding, Construction and Acquisition Agreement (3) Resolution No. 7646, Determining the Necessity to Incur Bonded Indebtedness and Calling a Special Election on the Bonds, Facilities Special Taxes, Services Special Taxes and Setting an Appropriations Limit (4) Hold A Special Election by Opening Ballots; (5) Following the Election Adopt Resolution No. 7647, Declaring the Results of the Election Relating to the Levy of Special Taxes for each Improvement Area, the Issuance of Bonded Indebtedness and the Establishment of an Appropriations Limit for Each Improvement Area, and (5) Introduce Ordinance No. 1648 Authorizing the Levy of Special Taxes Within Improvement Area No. 1 and Improvement Area No. 2 of CFD 2020-1. (ACTION) TAB4 20-0528 Request City Council to Continue the Public Hearing to July 28, 2020 related to (1) Approving the Engineer’s Reports and Ordering the Levy of Assessments for Fiscal Year 2020/2021 for Street Light Maintenance District No. 1, (2) for Landscape Maintenance District No. 1, (3) for Landscaping and Lighting District No. 2. (ACTION) TAB5 20-0525 Request City Council to Continue the Public Hearing to July 28, 2020 related on (1)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), (3) and an associated Mitigated Negative Declaration (Environmental Assessment Review No. 2019-0027). (ACTION) NEW BUSINESS TAB6 20-0522 Request City Council to Consider the Establishment of an Ad Hoc Firework Committee for the Purpose of Making Recommendations Related to Fireworks in the City of Rialto. (ACTION) Page 8 Printed on 7/9/2020 City Council Regular Meeting July 14, 2020 TAB7 20-0457 Request City Council to Approve the Collective Bargaining Memorandum of Understanding by and between the City of Rialto and the Rialto Fire Management Association for the period covering July 1, 2019 to June 30, 2021. (ACTION) TAB8 20-0456 Request City Council to Approve the Collective Bargaining Memorandum of Understanding by and between the City of Rialto and the Rialto Mid-Management and Confidential Employee Association for the period covering July 1, 2019 to June 30, 2021. (ACTION) TAB9 20-0455 Request City Council to Approve the Collective Bargaining Memorandum of Understanding by and between the City of Rialto and the Rialto City Employees’ Association - General Unit for the period covering July 1, 2019 to June 30, 2021. (ACTION) TAB10 20-0431 Request City Council to Approve an Eighth Amendment to Extend the Professional Service Agreement with Law Enforcement Medical Services, Inc. for a Nursing Service Contract for a not to Exceed Amount of $59,000 for Fiscal Year 2021 Through 2023. (ACTION) TAB11 20-0519 Request City Council to Approve Professional Service Agreements with Blink IT Solutions for a not to Exceed Amount of $64,800 and Onyx FX for a not to Exceed Amount of $69,000 for Information Technology Division Staff Augmentation Services. (ACTION) TAB12 20-0384 Request City Council/Rialto Utility Authority Board Award a Professional Services Agreement to AARC Consultants, LLC., in the Amount of $99,975 for the America’s Water Infrastructure Act Risk and Resilience Assessment and Emergency Response Plan. (ACTION) TAB13 20-0490 Request City Council/Rialto Utility Authority Board to Authorize a Feasibility Analysis on Installing/Constructing an Energy Microgrid Project at the Wastewater Treatment Plant in the Not to Exceed Amount of $80,000. (ACTION) Page 9 Printed on 7/9/2020 City Council Regular Meeting July 14, 2020 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 10 Printed on 7/9/2020