City Council

City of Rialto Regular Meeting Tuesday, October 12, 2021 AMENDED AGENDA 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 City Attorney Marcus Fuller City Manager City Council Regular Meeting October 12, 2021 IN RESPONSE TO THE COVID-19 EMERGENCY,THE CITY COUNCIL CHAMBERS WILL BE OPEN TO THE PUBLIC WITH LIMITED SEATING INSIDE THE COUNCIL CHAMBERS. THE PUBLIC WILL HAVE AN OPPORTUNITY TO SPEAK ON ANY ITEM USING THE PODIUM INSIDE 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, SEND EMAIL: rialtonetwork@rialtoca.gov. TO VIEW ONLY Watch live steaming video of the Meeting at https://www.yourrialto.com/183/Rialto-Network 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.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). Page 2 Printed on 10/6/2021 City Council Regular Meeting October 12, 2021 Next Ordinance No.1663 Next Resolution No. 7783 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 10/6/2021 City Council Regular Meeting October 12, 2021 5:00 p.m. CLOSED SESSION 1 21-0706 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: : 1432 S. Riverside Avenue, Rialto, CA 92376 Agency Negotiator: City Manager Marcus Fuller; City Attorney Eric Vail. Negotiating Parties: NewMark Merrill Companies, LLC; City of Rialto as Successor Agency Under Negotiation: Price and Terms of Sale 2 21-0692 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: 119 N. Riverside Avenue Agency Negotiator: City Manager Marcus Fuller Negotiation Parties: City of Rialto; Cuca’s Mexican Restaurant Inc. Under Negotiation: Termination or Extension of existing lease 3 21-0690 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code section 54956.9(d)(2) Four (4) matters 4 21-0691 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(4) Decision whether to initiate or join litigation Two (2) matters: (1) National Opioid Litigation (several consolidated matters) (2) San Diego et al., v. Invitation Homes et al., (Qui Tam case under seal) Page 4 Printed on 10/6/2021 City Council Regular Meeting October 12, 2021 5 21-0693 CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code section 54957.6 Agency Designated Representatives: City Manager, Marcus Fuller; Assistant City Attorney Algeria Ford Employee Organizations: · City Government Management Association · Rialto Fire Management Association · Rialto Mid-Management & Confidential Employee’s Association · Rialto Policy Benefit Association - Management · Rialto Policy Benefit Association - General · Rialto City Employee’s Association · Rialto Professional Firefighters of California - Local 3688 · Executive Management Team · Management Unrepresented Employees · Unrepresented Employees Page 5 Printed on 10/6/2021 City Council Regular Meeting October 12, 2021 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Andy Carrizales INVOCATION - Pastor Victor Lopez - Calvary Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 21-0689 Eisenhower High School Girls Basketball - Southern Section CIF - Council Member Rafael Trujillo 2 21-0680 Proclamation - November as Veterans and Military Family Month - Mayor Pro Tem Ed Scott 3 21-0688 Proclamation - In Memorium for Richard Scanlan - Mayor Pro Tem Ed Scott 4 21-0727 Proclamation - Eta Nu Omega Chapter of Alpha Kappa Alpha Sorority, Inc. - 60 years of service - 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 21-0708 Warrant Resolution No. 11a (9/17/2021) Page 6 Printed on 10/6/2021 City Council Regular Meeting October 12, 2021 B.2 21-0710 Warrant Resolution No. 12 (9/23/2021) B.3 21-0711 Warrant Resolution No. 13 (9/30/2021) C. APPROVAL OF MINUTES C.1 21-0686 Regular City Council Meeting - September 14, 2021 C.2 21-0714 Regular City Council Meeting - September 28, 2021 D. CLAIMS AGAINST THE CITY D.1 21-0712 Alexander Tamayochimal - Damages D.2 21-0713 Alejandro Mena Barajas - Vehicle Damage E. MISCELLANEOUS E.1 21-0665 Request the City Council to Adopt Resolution No.7778 Approving the Application for $1,373,500 Outdoor Equity Grants Program Grand Funds through the California Department of Parks and Recreation Parks Office . E.2 21-0652 Request City Council to Approve the Intergovernmental Agreement Regarding Transfer of Public Funds between the City and the California Department of Healthcare Services for the service period of January 2021 through December 2021. E.3 21-0663 Request City Council to Adopt Budget Resolution No. 7779 Accepting Additional Funds for the Fiscal Year 2019 Homeland Security Grant Program in the Amount of $15,621.00, Increasing Estimated Revenue and Appropriating Expenditures, and Approve the Purchase of a Can-Am Maverick ATV from Chaparral Motorsports in the Amount of $40,325.64. E.4 21-0636 Request City Council Adopt Resolution No. 7780 and Rialto Utility Authority Board Adopt RUA Resolution No. 07-21 Approving an Extraterritorial Wastewater Service Agreement with Kareem Oil, LLC, for the property located at 18653 Slover Avenue, Bloomington, Assessor’s Parcel Number 0257-013-12-0000. E.5 21-0638 Request City Council/Rialto Utility Authority Board to Approve the Property Lease Agreement By and Between the Rialto Utility Authority and Rialto Bioenergy Facility LLC., in the Amount of $2,000 per month for the months of October 1, 2021, through March 31, 2022. Page 7 Printed on 10/6/2021 City Council Regular Meeting October 12, 2021 E.6 21-0683 Request City Council to Adopt Resolution No.7781 to Amend Resolution No. 7766 to Identify the Positions of Building Official and Economic Development Manager as Exempt from the City’s Competitive Service Pursuant to Rialto Municipal Code Section 2.50.060. E.7 21-0662 Request City Council to Approve a First Amendment to the Location Agreement with Medline Industries, LP. E.8 21-0687 Request City Council to Adopt by Second Reading ORDINANCE NO. 1662 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING CHAPTER 2.48 OF THE RIALTO MUNICIPAL CODE RELATING TO THE CITY’S PURCHASING ORDINANCE TAB PUBLIC HEARING TAB1 21-0659 Public Hearing to consider an appeal of the Planning Commission decision to deny Conditional Development Permit No. 2020-0020 and Precise Plan of Design No. 2020-0026, a request to allow the development and operation of a 47,609 square foot truck terminal and storage warehouse/distribution center, and associated paving, landscaping, fencing, lighting, and drainage improvements on 12.72 gross acres (11.80 net acres) of land (APNs: 0258-011-01, -09, & -10) located between Cactus Avenue and Lilac Avenue approximately 625 feet south of Slover Avenue within the Light Industrial (M-1) zone and the Heavy Industrial (H-IND) zone of the Agua Mansa Specific Plan. A Mitigated Negative Declaration (Environmental Assessment Review No. 2020-0024) has been prepared for consideration in conjunction. (ACTION) TAB2 21-0650 Request City Council to Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2. POWERPOINT (ACTION) TAB3 21-0679 Request City Council to Conduct a Public Hearing and Solicit Public Comments from Interested Citizens to Consider and Approve the City’s Substantial Amendment No. 4 Revised Budget Amounts to CDBG-CV Activities within the 2020 Annual Action Plan. (ACTION) Page 8 Printed on 10/6/2021 City Council Regular Meeting October 12, 2021 NEW BUSINESS TAB4 21-0716 Request the City Council Adopt a Resolution No. 7782 of the Successor Agency to the Rialto Redevelopment Agency Approving a Purchase and Sale Agreement by and between the Successor Agency to the Rialto Redevelopment Agency and NewMark Merrill Companies, LLC, for 15.09 Acres Located West of Riverside Avenue and North of Valley Boulevard at a Purchase Price of $3,508,758; and Approve a First Amended and Restated Exclusive Negotiating Agreement by and between the City of Rialto and NewMark Merrill Companies, Inc. Relating Thereto. UPDATED STAFF REPORT (ACTION) TAB5 21-0667 Request City Council to approve submittal of the Draft 6th Cycle Housing Element Update 2021-2029 to the California State Department of Housing and Community Development (ACTION) TAB6 21-0681 Request City Council to Receive an Update on and 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) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 9 Printed on 10/6/2021