City Council

City of Rialto Regular Meeting Tuesday, March 8, 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 March 8, 2022 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. 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. 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 Maintenance & Facilities 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.1666 Next Resolution No.7849 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 3/3/2022 City Council Regular Meeting March 8, 2022 5:00 p.m. CLOSED SESSION 1 22-202 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) One (1) matter: (1) Aura Perez v. City of Rialto, et al., SBSC Case No. CIV DS2016573 2 22-203 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of maters: Six (6) 3 22-204 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: North side of Bonnie View Avenue, west of Riverside Avenue (APN 0131-021-42-000 & 0131-021-40-000) Agency Negotiator: City Manager Marcus Fuller; City Attorney Eric Vail. Negotiating Parties: City of Rialto Housing Authority and Rialto Metrolink South Housing Partners, L.P. Under Negotiation: Price and Terms Sale 4 22-205 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957 Title: City Manager Page 3 Printed on 3/3/2022 City Council Regular Meeting March 8, 2022 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Pro Tem Ed Scott INVOCATION - Pastor Harry Bratton Greater Faith Grace Bible Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 22-193 Introduction of new employees by Marcus Fuller, City Manager: Kathy Brann - Community Development - Economic Development Manager Nathen Luu - Information Technology - IT Network Administrator Jonathan Ballard - IT Network Engineer 2 22-208 Presentation - N. Riverside Ave. Reconstruction Project 3 22-212 Presentation - Rialto Assistance Program Progress Presentation 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 22-190 Warrant Resolution No.32 (2/24/2022) B.2 22-191 Warrant Resolution No.33 (3/3/2022) Page 4 Printed on 3/3/2022 City Council Regular Meeting March 8, 2022 C. APPROVAL OF MINUTES C.1 22-192 Regular City Council Meeting - February 22, 2022 D. CLAIMS AGAINST THE CITY D.1 22-194 SJ" through Guardian ad Litem Lashay Grayes - Personal Injury E. MISCELLANEOUS E.1 22-189 Request City Council to Approve the Updated Fiscal Year 2021/2022 Yearly Conference/Travel Expense Schedule for City Council Members. E.2 22-174 Request City Council Receive and File Treasurer’s Monthly Reports for the month end of January 2022. E.3 22-180 Request City Council to Adopt by Second Reading ORDINANCE NO.1664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO CITY, CALIFORNIA 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 CITY 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 1383 (2016) AND EXPOSING THE CITY OF RIALTO TO SIGNIFICANT FINES AND PENALTIES FOR FAILURE TO ADOPT SAME E.4 22-177 Request City Council to Adopt Resolution No.7778-A through 7778-E Amending Resolution No. 7778 to Identify the Park Locations in the City’s Application for $1,373,500 Outdoor Equity Grants Program Grant Funds through the California Department of Parks and Recreation Parks Office . E.5 22-179 Request City Council to: (1) Approve the Second Amendment to the Professional Services Agreement with Engineering Resources of Southern California for On-Call Plan Check Services; (2) Approve the Second Amendment to the Professional Services Agreement with Willdan Engineering for On-Call Plan Check Services; and (3) Authorize the City Manager to Execute All Documents. Page 5 Printed on 3/3/2022 City Council Regular Meeting March 8, 2022 E.6 22-170 Request City Council Adopt Resolution No.7842 Approving Tract Map 20205 for the Subdivision of Land into One Hundred Forty-Six (146) Residential Lots and Two (2) Lettered Lots to Facilitate the Development of the Lytle Creek Ranch Specific Plan Master Planned Community and Approving an Associated Subdivision Improvement Agreement. E.7 22-171 Request City Council to Adopt Resolution No.7843 Approving Tract Map 20209 for the Subdivision of Land into One Hundred Thirty-One (131) Residential Lots and One (1) Lettered Lot the Development of the Lytle Creek Ranch Specific Plan Master Planned Community and Approving an Associated Subdivision Improvement Agreement. TAB PUBLIC HEARING TAB1 22-188 Request City Council to Conduct a Public Hearing to Appeal of the Planning Commission’s Decision on January 26, 2022, Approving Conditional Development Permit (CDP) No. 2021-0002 and Precise Plan of Design (PPD) No. 2021-0002, for the development and operation of a 2,400 square foot fast-food drive-thru restaurant on an approximately 0.64 acres of land (APN: 1133-591-07). The site is located on the Southeast corner of Casmalia Street and Ayala Drive within the Freeway Incubator (FI) Land Use District of the Renaissance Specific Plan and is Categorically Exempt pursuant to Section 15303 (New construction or conversion of small Structures) of the California Environmental Quality Act Guidelines and to Consider Resolution No.7844 denying appellant’s appeal. (ACTION) TAB2 22-173 Request City Council to Conduct a Public Hearing to Adopt Resolution No.7845 Adopting a Mitigated Negative Declaration (Environmental Assessment Review No. 2021-0044) for and Approving the City of Rialto 2021-2029 (Sixth Cycle) General Plan Housing Element Update (General Plan Amendment No. 2021-0002). (ACTION) TAB3 22-206 Request City Council to continue the Public Hearing to April 12, 2022, to Review the Recreation and Parks Commission Recommendation for Naming of the City Building located at 205 North Riverside Ave. (ACTION). Page 6 Printed on 3/3/2022 City Council Regular Meeting March 8, 2022 NEW BUSINESS TAB4 22-201 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 (ACTION) TAB5 22-211 Request City Council to: (1) Approve a First Amendment to the Purchase and Sale Agreement by and between the Successor Agency to the Rialto Redevelopment Agency, the City of Rialto, and NewMark Merrill Companies, Inc., relating to the sale of 15.09 Acres Located West of Riverside Avenue and North of Valley Boulevard; (2) Approve a Fee Deferral Agreement of Development Impact Fees and Plan Check Fees to be Paid by Newmark Merrill Companies, Inc. Related to Precise Plan of Design No. 2021-0059 in Substantially the Form Provided Subject to Minor Changes Approved by City Manager and City Attorney; and (3) Authorize the City Manager to Execute All Documents. (ACTION) TAB6 22-103 Request City Council to Adopt Resolution No.7846 Approving a Construction Fee Credit and Reimbursement Agreement by and between the City of Rialto and Golden State Travel Centers, LLC, a Delaware limited liability company . (ACTION) TAB7 22-134 Request City Council to: (1) Adopt Resolution Amending the Capital Improvement Program to Add “I/10 Riverside Avenue Interchange Phase 2, City Project No. 140813” and appropriate Budget of $7,153,107; (2) In accordance with Section 2.48.290 “Special expertise procurement” of the Rialto Municipal Code, Approve a Professional Services Agreement with Jacobs Engineering Group, Inc., in the Amount of $2,618,927 for Final Design Services; and (3) Authorize the City Manager to Execute all Documents. (ACTION) TAB8 22-200 Request City Council to: (1) Approve a Professional Services Agreement with CSG Consultants, Inc., a California Corporation for On-Call Building Plan Check, Inspection and Related Services; and (2) Authorize the City Manager to Execute All Documents. (ACTION) Page 7 Printed on 3/3/2022 City Council Regular Meeting March 8, 2022 TAB9 22-196 Request City Council to: (1) Approve the Principles of Agreement with the Inland Empire Utilities Agency Relating to the Long-Term Sale of Wastewater Effluent for Recycled Water Purposes; and (2) Authorize the City Manager to Execute All Documents. (ACTION) TAB10 22-183 Request City Council/Rialto Utility Authority Board to (1) Approve the Final Construction Work Authorization in the Amount of $270,907 to Rialto Water Services for Rialto Biosolids Upgrade Study, Plant 1&2 Demolition Design and GMP Preparation, and Additional Electrical Design for the Microgrid Project and (2) Authorize the City Manager to Execute All Related Documents. (ACTION) TAB11 22-197 Request City Council/Rialto Utility Authority Board to: (1) Authorize Automatic Payment Plans Program for Water Arrearages that are 60 Days and older, (2) Authorize Payment to Rialto Water Services in the Amount Not to Exceed of $48,500 for Professional Services to Implement the Automatic Payment Plans, and (3) Authorize the City Manager to Execute All Related Documents. (ACTION) TAB12 22-207 Request City Council to: (1) Adopt Resolution No.7847 Adopting the American Rescue Plan Act Grant Programmatic Spending Plan in Accordance with the Final Rule Published by the U.S. Department of Treasury; and (2) Adopt Resolution No.7848 Amending the Fiscal Year 2021-2022 Budget. (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 8 Printed on 3/3/2022