City Council

City of Rialto Regular Meeting Tuesday, March 23, 2021 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 Rafael Trujillo Council Member Andy Carrizales Council Member Karla Perez Barbara A. McGee City Clerk Edward Carrillo City Treasurer Eric Vail Interim City Attorney Sean Grayson Acting City Manager City Council Regular Meeting March 23, 2021 COMPLYING WITH SOCIAL DISTANCING PROTOCOLS, THE CITY COUNCIL WILL BE PARTICIPATING IN THE MEETING FROM REMOTE LOCATIONS VIA TELECONFERENCE WITHIN THE GUIDELINES OF GOVERNOR NEWSOM’S EXECUTIVE ORDER N-29-20. THE CITY COUNCIL CHAMBERS WILL BE CLOSED TO THE PUBLIC INSIDE THE COUNCIL CHAMBERS. MEMBERS OF THE PUBLIC ARE PROVIDED OPPORTUNITIES FOR PUBLIC COMMENT BY SUBMITTING WRITTEN COMMENT TO CITYCLERK@RIALTOCA.GOV OR PROVIDE ORAL COMMENTS VIA ZOOM (5 MINUTE LIMIT). Attend the Meeting via Zoom Webinar: https://zoom.us/j/94152325262. YOU MUST SIGN UP BY 6:30PM THE NIGHT OF THE MEETING, GO TO https://www.yourrialto.com/virtual-city-council-meetings/. TO VIEW ONLY Watch live steaming video of the Meeting at https://www.yourrialto.com/watch-a-city-meeting/. Council Meetings are broadcast live on the City’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99. Attend the Meeting via Zoom https://zoom.us/j/94152325262. You do not have to speak. LISTEN ONLY Call into the Live Meeting: (669) 900-9128 Webinar ID:941 5232 5262 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.yourrialtoca.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). Page 2 Printed on 3/18/2021 City Council Regular Meeting March 23, 2021 Next Ordinance No. 1658 Next Resolution No. 7721 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 3 Printed on 3/18/2021 City Council Regular Meeting March 23, 2021 5:00 p.m. CLOSED SESSION 1 21-0101 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.9 Properties and Negotiating Parties: 1. 119 N. Riverside Ave. Historic Train Station (Cuca’s Restaurant) 2. 261 S. Palm Ave. John Longville Train Depot (Forum Blues Café) 3. 150 S. San Bernardino Ave. Sandra R. Courtney Playhouse (Rialto Community Players) 4. 1411 S. Riverside Ave. Grace Vargas Senior Center (East Rialto Kiwanis Club) 5. 201-201 N. Riverside Ave. First Christian Church of Rialto (Kristina Dana Hendrickson Cultural Center & Rialto Historical Society) 6. 141 S. Riverside Ave. Rialto Resource Center (National Council of Negro Women - Bethune Center) City Negotiator: Acting City Manager, Sean Grayson Under Negotiation: Price and terms of lease / rental. 2 21-0102 CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Pursuant to Government Code section 54956.9(d)(1) One (1) Matter: Edward Palmer, et al. v. City of Rialto, et al., SBSC No. CIVDS1905795 3 21-0104 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: APN # 0240-211-31-1-000 City Negotiators: Sean Grayson, City Manager and Alexander Hamilton, Interim Community Development Director Negotiating Parties: City as Successor Agency and Orbis Real Estate Partners, LLC Under Negotiation: Price and Terms of Sale. 4 21-0107 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code section 54596.9(d)(4) Decision whether to initiate litigation One (1) matter 5 21-0103 PUBLIC EMPLOYMENT APPOINTMENT Pursuant to Government Code section 54957 Titles: Interim City Manager and City Manager Page 4 Printed on 3/18/2021 City Council Regular Meeting March 23, 2021 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Andy Carrizales INVOCATION - Pastor Harry Bratton City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 21-0081 Proclamation - Donate Life Month 2021 - Mayor Deborah Robertson 2 21-0105 Certificate of Recognition - 40th Anniversary Patio West - Mayor Deborah Robertson 3 21-0108 Recognizing - Women’s History Month and Women Owned Businesses - 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 21-0095 Warrant Resolution No. 35 (03/11/2021) B.2 21-0096 Warrant Resolution No. 36 (03/18/2021) Page 5 Printed on 3/18/2021 City Council Regular Meeting March 23, 2021 C. CLAIMS AGAINST THE CITY C.1 21-0083 Jennifer Lopez Brito - Vehicle Damage C.2 21-0084 Maria Elena Gonzales - Property Damage C.3 21-0093 Patricia Waleska Garrodo and Evangelina Garrido - Damage C.4 21-0094 Ann McMurtry/Joshua Buchanan - Damages D. SET PUBLIC HEARING D.1 21-0065 Request City Council to Adopt Resolution No. 7719 and Set a Public Hearing for April 13, 2021, 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. MISCELLANEOUS E.1 21-0078 Request City Council to Approve Resolution No. 7720 in Support of and Participation in the “Wyland National Mayor’s Challenge for Conservation”. E.2 21-0080 Request City Council to Award a Professional Services Agreement to EcoTierra Consulting, Inc., in an Amount Not-to-Exceed $38,000, for a Peer Review of the Environmental Impact Report for the Olive Grove Development Project. E.3 21-0079 Request City Council to Authorize a Purchase Order in the Amount of $21,400 to Purchase a Crossroads Software Collision Database System from Crossroads Software Inc. TAB PUBLIC HEARING TAB1 21-0100 Request City Council to Conduct the Continued Public Hearing and Solicit Public Comments from Interested Citizens to Consider and Approve the City’s Substantial Amendment No. 3 Revised Budget Amounts to CDBG-CV Activities within the 2019-2020 Annual Action Plan. (ACTION) Page 6 Printed on 3/18/2021 City Council Regular Meeting March 23, 2021 TAB2 21-0077 Request City Council to Conduct a Public Hearing to Consider Approving an Interim Urgency Ordinance Extending a Temporary Moratorium on the Cultivation of Industrial Hemp by “Established Agricultural Research Institutions” and Others to February 10, 2022 (ACTION) NEW BUSINESS TAB3 21-0068 Request City Council Approve Resolution No. 7706 for the Purchase of Two Type 1 (Structural) Fire Engines from Pierce Manufacturing Inc. in the Amount of $1,663,117.04; Financed @ 1.74% Per Annum (5 Year Lease Purchase) with PNC Equipment Finance, LLC. (ACTION) TAB4 21-0069 Request City Council to Approve a Purchase Order to Braun Northwest, Inc. for Two Demo Ambulances in the Amount of $361,052; Approve a Purchase Order to Zoll Medical Corporation for Advanced Life Support Equipment in the amount of $125,000; Approve a Purchase Order to Stryker Medical for Gurneys and Stair Chair Pros in the Amount of $110,000; and a Purchase Order to 10-8 Retrofit for Emergency Communications Installation in the Amount of $13,000. (ACTION) TAB5 21-0007 Request City Council to 1) Accept the Public Improvements; 2) Authorize the Public Works Interim City Engineer to File the Notice of Completion; and 3) Authorize the Acting City Manager to accept Payment by El Rivino Industrial I, LLC in the amount of $602,453.72 and El Rivino Industrial II, LLC in the amount of $377,283.00, as partial successors in interest to Oakmont El Rivino, LLC, in Accordance with Development Agreement No. 2018-0001 by and between the City of Rialto and Oakmont El Rivino, LLC, recorded as Document #2018-0298525, official records of the County of San Bernardino (“Development Agreement”). (ACTION) TAB6 21-0058 Request that the City Council/Rialto Utility Authority Approve the Capacity Lease and Assignment of Brine Line Capacity Agreement with Rialto Bioenergy Facility, LLC and the Brine Line Capacity Agreement with San Bernardino Valley Municipal Water District . (ACTION) TAB7 21-0097 Request City Council to Receive an Update on, Confirm the Continued Existence of, and provide any further direction in relation to the Local Emergency Throughout the City of Rialto in Response to the COVID-19 Outbreak. (ACTION) Page 7 Printed on 3/18/2021 City Council Regular Meeting March 23, 2021 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 8 Printed on 3/18/2021