City Council

City of Rialto Regular Meeting Tuesday, February 22, 2022 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 February 22, 2022 IN ACCORDANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(E)), MEMBERS OF THE CITY COUNCIL, THE PUBLIC, AND OTHERS MAY ATTEND AND PARTICIPATE IN THIS MEETING REMOTELY. MEMBERS OF THE PUBLIC ARE PROVIDED OPPORTUNITIES FOR PUBLIC COMMENT BY SUBMITTING WRITTEN COMMENT TO CITYCLERK@RIALTOCA.GOV OR PROVIDE ORAL COMMENTS IN REAL TIME 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 streaming 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 In the event of a disruption to the broadcast of the meeting, or a disruption that prevents members of the public from offering public comment in real time, the meeting will be recessed until remote public access is restored. 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 Next Ordinance No. 1666 Next Resolution No. 7842 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 2/17/2022 City Council Regular Meeting February 22, 2022 5:00 p.m. CLOSED SESSION 1 22-154 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) One (1) matter: (1) Erica Sanchez v. City of Rialto, et al., SBSC Case No. CIVSB 2132734 2 22-155 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of maters: Six (6) Page 3 Printed on 2/17/2022 City Council Regular Meeting February 22, 2022 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Karla Perez INVOCATION - Pastor Victor Lopez Calvary Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 22-132 Introduction of new employees by Marcus Fuller, City Manager: Shama Curian - Deputy Director of Human Recourses/Risk Management Jonathan Ballard - IT Network Engineer Mayra Vela-Rocha - Community Compliance Officer 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 22-129 Warrant Resolution No.30 (02/10/2022) B.2 22-130 Warrant Resolution No.31 (02/17/2022) C. APPROVAL OF MINUTES C.1 22-131 Regular City Council Meeting - February 8, 2022 Page 4 Printed on 2/17/2022 City Council Regular Meeting February 22, 2022 D. SET PUBLIC HEARING D.1 22-008 Request City Council to Set a Public Hearing for March 8, 2022, to Consider and Adopt a Mitigated Negative Declaration (EAR 2021-0044) and Approve the City of Rialto 2021-2029 (Sixth Cycle) General Plan Housing Element Update (General Plan Amendment No. 2021-0002). D.2 22-138 Request City Council to Set a Public Hearing for March 8, 2022 to Consider an Appeal of the Planning Commission’s Decision to Approve Conditional Development Permit (CDP) No. 2021-0002 and Precise Plan of Design (PPD) No. 2021-0002, a Request to Allow the Development and Operation of a 2,400 Square Foot Fast-Food Restaurant and Associated Paving, Landscaping, Lighting, and Drainage Improvements on 0.64 Acre of Land (APN: 1133-591-07) Located at the Southeast Corner of Casmalia Street and Ayala Drive within the Freeway Incubator (FI) Land Use District of the Renaissance Specific Plan. E. CLAIMS AGAINST THE CITY E.1 22-136 Alyssa Rubio - Damages E.2 22-137 Christian Rincon del Castillo - Vehicle Damage F. MISCELLANEOUS F.1 22-048 Request City Council to Adopt Resolution No. 7837 Approving the Industrial Disability Retirement of Angela L. Licurse. F.2 22-104 Request City Council to Authorize the Release of Request for Bids for the 2020/2021 Street Overlay & Reconstruction Project, City Project No. 180807 (Riverside Avenue from I-10 to the City’s South Boundary). F.3 22-116 Request City Council/Rialto Utility Authority Board to (1) Approve the City of Rialto’s share to develop the Rialto Basin Groundwater Council Groundwater Management Plan in the Amount of $53,750 and (2) Authorize the City Manager to Execute All Related Documents. F.4 22-123 Request City Council to Receive and File Treasurer’s Monthly Reports for the month ends of October 2021, November 2021, and December 2021. F.5 22-145 Request City Council to Consider Rescheduling the Regular City Council Meeting on May 24, 2022, to a Special City Council Meeting on, Thursday, May 26, 2022. Page 5 Printed on 2/17/2022 City Council Regular Meeting February 22, 2022 F.6 22-126 Request City Council to Authorize the Release of Bids for the Ayala Drive and Fitzgerald Avenue Traffic Signal and Lighting Improvements Project, City Project No. 190810. F.7 22-122 Request City Council to: (1) Approve a Project Funding Agreement with San Bernardino County Transportation Agency (SBCTA) for the I-10/Riverside Avenue Interchange Phase 2 Project; and (2) Authorize the City Manager to Execute all Documents. TAB PUBLIC HEARING TAB1 22-115 Request City Council to: (1) Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Third Quarter of 2021; and (2) Adopt Resolution No. 7839 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk. (ACTION) NEW BUSINESS TAB2 22-133 Request City Council to: (1) Receive an Update on and Confirm the Continued Existence of the Local Emergency Throughout the City of Rialto in Response to the COVID-19 Pandemic; (2) Provide any Further Direction in Relation thereto; and (3) Consider Findings for Continuing Virtual Meetings through March 2021 Pursuant to Assembly Bill 361 . (ACTION) TAB3 22-148 Request City Council to Provide Direction on a COVID-19 Memorial Monument. (ACTION) TAB4 22-149 Request City Council to: (1) Approve a Professional Services Agreement with Dopudja & Wells Consulting, Inc., a California corporation, in the amount of $784,860 relating to negotiations with IEUA related to the City’s Wastewater Effluent; and (2) Authorize the City Manager to Execute All Documents. (ACTION) TAB5 22-128 Request City Council to: (1) Receive an Update on the 2022 Firework Education, Engineering and Enforcement Plan, and (2) Provide direction to Staff as Appropriate. (ACTION) Page 6 Printed on 2/17/2022 City Council Regular Meeting February 22, 2022 TAB6 22-140 Request City Council to Consider the Following Options Relating to Mandatory Commercial Recycling and Mandatory Organics Recycling Regulations as Imposed on the City of Rialto by and through the State of California - CalRecycle: Option (1): Approve the following actions: (A) Adopt Resolution No.7838, A Resolution of the City Council of the City of Rialto, California, Authorizing the City Manager to Submit a Notification of Intent to Comply with the Regulatory Mandates Adopted by the State of California through Senate Bill 1383 and Imposed Upon the City of Rialto, Whereby the City May Secure Administrative Penalty Relief for a Broader and Longer-Term Regulatory Compliance Path through a Corrective Action Plan as Allowed by Senate Bill 619; and (2) (B) Introduce Ordinance No.1664 Removing Chapter 8.08 (Refuse Collection) of the City of Rialto Municipal Code and Adding Chapter 8.08 (Solid Waste Collection and Disposal) to the City of Rialto Municipal Code, and Adding Section 12.50.065 to Chapter 12.5 (Water Efficient Landscape Requirements) as Imposed Upon the City of Rialto by the State of California Pursuant to Assembly Bill 341 (2011), Senate Bill 1018 (2012), Assembly Bill 1826 (2014), and Senate Bill 1282 (2016) and Exposing the City of Rialto to Significant Fines and Penalties for Failure to Adopt Same. OR Option (2): Provide direction to Staff as appropriate. (ACTION) TAB7 22-146 Request City Council to: (1) Receive a Presentation on General Fund Revenue and Expenditures for Second Quarter of Fiscal Year 2021-2022 (the “Mid-Year Budget Review”); Adopt Resolution No. 7840 Amending the Fiscal Year 2021-2022 Fiscal Budget, and (3) Adopt Resolution No. 7841 Updating the Citywide Class and Compensation Table for Full-Time and Part-Time Employees. (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 7 Printed on 2/17/2022