City Council

City of Rialto Regular Meeting Tuesday, September 27, 2022 CLOSED SESSION TIME: 4:00 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 September 27, 2022 THE PERSISTENT PRESENCE OF COVID-19, PERIODIC SPIKES IN THE INFECTION RATE, AND THE INTRODUCTION OF NEW COVID VARIANTS REQUIRE THE CITY COUNCIL TO BALANCE THE NEED TO PROTECT PUBLIC HEALTH WITH THE NEED TO CONDUCT THE PEOPLES’ BUSINESS IN AN EFFICIENT AND ORDERLY FASHION. THEREFORE, THE RIALTO CITY COUNCIL HAS ADOPTED RESOLUTION NO. 7885 IN COMPLIANCE WITH THE RALPH M. BROWN ACT TO ALLOW THE COUNCIL TO HOLD MEETINGS AT WHICH MEMBERS OF THE PUBLIC AND COUNCILMEMBERS MAY ATTEND IN PERSON, OR WHERE THEY HAVE A LEGITIMATE HEALTH CONCERN, TO ATTEND REMOTELY. HOW TO ATTEND THE MEETING. MEMBERS OF THE PUBLIC MAY ATTEND THE MEETING EITHER IN PERSON OR REMOTELY. OPPORTUNITIES TO ATTEND THE MEETING REMOTELY ARE DESCRIBED BELOW: (1) Watch live steaming video of the Meeting at https://www.yourrialto.com/183/Rialto-Network (2) Council Meetings are broadcast live on the City’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99. (3) Attend the Meeting via ZOOM www.zoom.us/j/89525170072 (4) To listen only Call into the Live Meeting: 1 (253) 215-8782 and enter Meeting ID: 895 2517 0072 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. HOW TO MAKE A PUBLIC COMMENT. (1) Appear at the meeting and speak during the public comment period. We request the you complete a Public Speaker Form and submit it to the City Clerk before the meeting. (2) If you are attending remotely, you may submit a public comment in writing to the City Clerk by email at CITYCLERK@RIALTOCA.GOV. (3) If you are attending remotely by ZOOM (see instructions above) you may provide oral comments in real time via ZOOM when called upon by the City Clerk there is a 5 minute time limit, HOW TO REVIEW THE AGENDA. 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 OPEN SESSION AGENDA ITEM AT A REGULAR COUNCIL MEETING DISTRIBUTED TO ALL, OR A MAJORITY, OF THE COUNCIL MEMBERS WILL BE MADE AVAILABLE AT THE SAME TIME BUT ATLEAST 72 HOURS BEFORE A REGULAR MEETING, FOR PUBLIC INSPECTION ON THE CITY’S WEBSITE AT www.yourrialto.com AND 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. 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. ITEMS ADDED TO THE AGENDA. CONSISTENT WITH THE RALPH M. 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. NEED ADA ASSISTANCE? 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.1672 Next Resolution No.7983 Page 2 Printed on 9/23/2022 City Council Regular Meeting September 27, 2022 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 9/23/2022 City Council Regular Meeting September 27, 2022 4:00 p.m. CLOSED SESSION 1 22-899 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: Approximately 22 acres North of Baseline, East of Linden, West of Ayala Drive, in the vicinity of Miro Way (APN 0264-212-12, 17, 30, 44, 45, 46 and 54) Agency Negotiator: City Manager Marcus Fuller; City Attorney Eric Vail. Negotiating Parties: City of Rialto as Successor Agency; unspecified potential buyers Under Negotiation: Price and Terms Sale 2 22-898 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) One (1) matter: (1) S.A.J. through Guardian ad Litem Lawrence Todd v. City of Rialto et al., Case No. USDC 22-CV-00767-SSS-SHK 3 22-897 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of maters: Five (5) matters. 4 22-895 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code section 54957.6 Labor Negotiator: Marcus Fuller, Arron Brown, Al Ford Employee Organizations: · Executive Management Team · Management Unrepresented Employees · Rialto City Employee’s Association (RCEA) · Rialto Mid-Management & Confidential Employee’s Association (RMMA) · Rialto Fire Management Association (RFMA) · Rialto Police Benefit Association - Management · Rialto Police Benefit Association - General · Rialto Professional Firefighters of California - Local 3688 · Unrepresented Employees Page 4 Printed on 9/23/2022 City Council Regular Meeting September 27, 2022 5 22-896 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957(b) Two (2) positions: (1) Title: City Manager (2) Title: City Attorney Page 5 Printed on 9/23/2022 City Council Regular Meeting September 27, 2022 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Andy Carrizales INVOCATION - Pastor Dr. Victor Noland - Word In Action Christian Center City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 22-894 Proclamation - Allene Langford Dixon 100th Year Birthday Mayor Pro Tem Ed Scott 2 22-900 Proclamation - 75th Anniversary of the Rialto Host Lion Club - Mayor Deborah Robertson 3 22-901 Recognition of Bank of America’s Student Leaders Program Recipient - Council Member Rafael Trujillo 4 22-902 Introduction of new employees by Marcus Fuller, City Manager 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 22-878 Warrant Resolution No. 11 (09/15/2022) Page 6 Printed on 9/23/2022 City Council Regular Meeting September 27, 2022 B.2 22-879 Warrant Resolution No. 12 (09/22/2022) C. APPROVAL OF MINUTES C.1 22-880 Regular City Council Meeting - September 13, 2022 D. CLAIMS AGAINST THE CITY D.1 22-887 Jasmine Calahan - Vehicle Damage D.2 22-888 Krystle Walker - Wrongful termination D.3 22-889 Maria Hernandez and Jose Desales Lopez - Personal Injury D.4 22-890 Carmen Alice Gomez - Personal Injury E. SET PUBLIC HEARING E.1 22-847 Request City Council to Set a Public Hearing for November 15, 2022 to consider (1) General Plan Amendment No. 2020-0001, a request to change the general plan land use designation of approximately 8.46 gross acres of land from General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay, (2) Specific Plan Amendment No. 2020-0001, a request to change the specific plan zoning designation of approximately 8.46 gross acres of land from Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the Gateway Specific Plan, (3) Variance No. 2020-0001, a request to increase the maximum allowable building height from 35 feet to 49 feet, (4) Conditional Development Permit No. 2020-0006, a request to allow the development and operation of a 492,410 square foot industrial commerce building on approximately 22.49 gross acres of land, (5) Precise Plan of Design No. 2020-0012, a request for site and architectural review of a 492,410 square foot industrial commerce building on approximately 22.49 gross acres of land, and (6) an Environmental Impact Report (Environmental Assessment Review No. 2020-0007) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). The project site is located at the northwest corner of Valley Boulevard and Willow Avenue. E.2 22-873 Request City Council set a Public Hearing for November 15, 2022, to approve the Naming of a Meeting Room in the Frances E. Brooks Conference Center located at the Johnson Community Center “Barbara Chavez Meeting Room”. Page 7 Printed on 9/23/2022 City Council Regular Meeting September 27, 2022 F. MISCELLANEOUS F.1 22-822 Request City Council to (1) Adopt Resolution No. 7977 Amending the 2022-2023 Fiscal Year Budget; (2) Accept the Fiscal Year 2021 Homeland Security Grant Program (HGSP) in the Amount of $25,965; and (3) Authorize the City Manager to Execute all Documents. F.2 22-814 Request City Council to: (1) Approve a Facility License Agreement between the City of Rialto and the National Council of Negro Women Bethune Center to Relocate Operations to the Grace Vargas Senior Center for a Term of 9 Months with Two One-Year Extensions; (2) Waive the First Term Payment of $375; and (3) Authorize the City Manager to Execute All Documents. F.3 22-875 Request City Council to (1) Approve a Temporary Construction Easement Agreement with Yunan Chen, CEO of Yunan C Future Inc. for the Property Located at 690 S. Riverside Avenue, Rialto, CA 92376 (APN:0131-161-22); and (2) Authorize the City Manager to Execute all Documents. F.4 22-872 Request City Council to Adopt Resolution No.7978 A Resolution of the City Council of the City of Rialto, Amending the City’s Conflict of Interest Code and List of Designated Employees. F.5 22-886 Request City Council to: (1) Award Professional Services Agreements with Albert A. Webb Associates and Transtech Engineers for On-Call Traffic Engineering Services, and (2) Authorize the City Manager to Execute All Documents. F.6 22-885 Request City Council to: (1) Award Professional Services Agreements with Koury Engineering & Testing Inc. and MTGL, Inc. for On-Call Geotechnical Services, and (2) Authorize the City Manager to Execute All Documents. F.7 22-884 Request City Council to: (1) Award a Professional Services Agreements with GEI Consultants, Inc. and Terracon Consultants Inc. for On-Call Environmental Services, and (2) Authorize the City Manager to Execute All Documents. F.8 22-883 Request City Council to: (1) Award Professional Services Agreements with Mark Thomas & Company, Inc., Michael Baker International, Proactive Engineering Consultants, Inc. and Psomas for On-Call Professional Civil Engineering Services, and (2) Authorize the City Manager to Execute All Documents. Page 8 Printed on 9/23/2022 City Council Regular Meeting September 27, 2022 F.9 22-881 Request City Council to: (1) Award Professional Services Agreements with Black O’dowd and Associates, Inc. DBA BOA Architecture, Bureau Veritas North America, Inc., and Westgroup Designs Inc. for On-Call Professional Architectural Services, and (2) Authorize the City Manager to Execute All Documents. F.10 22-877 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) Make Findings for Continuing “Hybrid” Public Meetings Pursuant to AB 361; and (3) Provide any Further Direction in Relation thereto F.11 22-892 Request City Council to Authorize the City Manager to Negotiate and Execute a Final Miro Way Parcels Collective Disposition Agreement with Lewis-Hillwood Rialto, LLC Upon City Attorney Approval as to Form, and to Proceed with Issuance of Sealed Bid Auction Notices. TAB PUBLIC HEARING TAB1 22-862 Request City Council to: (1) Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2; (2) Request City Council to Adopt Resolution No. 7979 Declaring the Results of the Property Owner Protest Ballot Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, Commencing in Fiscal Year 2022/2023; and (3) Request City Council to Adopt Resolution No. 7980 Confirming the Engineer’s Report Regarding the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, the Levy of Annual Assessments Described Therein, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments Commencing in Fiscal Year 2022/2023 for said Annexation. POWERPOINT (ACTION) Page 9 Printed on 9/23/2022 City Council Regular Meeting September 27, 2022 TAB2 22-893 Request City Council to: (1) Conduct a Public Hearing and Solicit Public Comments from Interested Citizens on the Fiscal Year 2021-2022 CDBG Consolidated Annual Performance and Evaluation Report (CAPER); (2) Ratify the CDBG Fiscal Year 2021-2022 Annual Action Plan by Increasing the Section 108 Loan Repayment by $56,122.28 to $489,383.28; (3) Adopt Resolution No. 7981 Approving the Fiscal Year 2021-2022 CAPER; and (4) Authorize the City Manager to Submit the Fiscal Year 2021-2022 CAPER to the U.S. Department of Housing and Urban Development (HUD). POWERPOINT (ACTION) TAB3 22-869 Request City Council to: (1) Hold a Public Hearing to Consider the 5-Year Allocation Plan for Use of Permanent Local Housing Allocation (PLHA) Program Funds; (2) Adopt Resolution No. 7982 Authorizing the Submission of an Application For, and Receipt Of, Permanent Local Housing Allocation (PLHA) Program Funds; and (3) Authorize the City Manager to Execute All Documents. (ACTION) NEW BUSINESS TAB4 22-874 Request City Council to Introduce Ordinance No. 1671, Amending Section 1.14.030 of Chapter 1.14 of the Rialto Municipal Code, Provide First Reading by Title and Waive Further Reading. (ACTION) TAB5 22-891 Request City Council to: (1) Approve the Term Sheet with the Inland Empire Utilities Agency (IEUA) Relating to the Long-Term Sale of Wastewater Effluent for Recycled Water Purposes; and (2) Authorize the City Manager to Execute the Final Agreement with IEUA Consistent with the Term Sheet and All Related Documents. POWERPOINT (ACTION) TAB6 22-855 Request City Council to Approve a Reimbursement Agreement by and between the City of Rialto and Lewis-Hillwood Rialto Company, LLC for the cost of the preparation and processing of an amendment to the Renaissance Specific Plan for a Maximum Cost of $532,140. (ACTION) Page 10 Printed on 9/23/2022 City Council Regular Meeting September 27, 2022 TAB7 22-857 Request City Council to 1) Award a Construction Contract to PTM General Engineering Services, Inc., a California corporation, in the amount of $466,066 for Ayala Drive and Fitzgerald Avenue Traffic Signal and Lighting Improvement Project, City Project No. 190810; and (2) Authorize the City Manager to Execute all Documents. (ACTION) TAB8 22-858 Request City Council to: (1) Award a Construction Contract to Roadway Engineering & Construction Corp, a California corporation, in the amount of $213,220 for the 1193 W Merrill Avenue Widening, City Project No. 210812; and (2) Authorize the City Manager to Execute all Documents. (ACTION) TAB9 22-859 Request City Council to: (1) Award a Construction Contract to Matich Corporation, a California corporation, in the amount of $3,961,071 for the Riverside Avenue Central Reconstruction Project, City Project No. 220804; (2) Delegate Authority to the City Manager to Approve Contract Change Orders in the Cumulative Amount of $400,000; and (3) Authorize the City Manager to Execute all Documents. (ACTION) TAB10 22-856 Request City Council to: (1) Approve a Five-Year Contractual Agreement for Trimester Continuing Professional Training for the Fiscal Years 2022/2023 Through 2026/2027; (2) Approve a Five-Year Contractual Agreement for the use of the Weapons Firing Range Facility for the Fiscal Years 2022/2023 Through 2026/2027; and (3) Authorize the City Manager or Designee to Execute all Documents. (ACTION) TAB11 22-832 Request City Council to: (1) Adopt Resolution No. 7983 Amending the 2022-2023 Fiscal Year Budget; (2) Accept the 2022 BJA-Byrne Discretionary Justice Assistance Grant Program in the Amount of $700,000; and (3) Authorize the City Manager to Execute a Funding Agreement and All Related Documents. (ACTION) TAB12 22-866 Request the Mayor to (1) Appoint a new Ad-Hoc Grants Subcommittee and (2) City Council to Ratify the formation of a new Ad-Hoc Grants Subcommittee to Review and Advise on Grant Funding Applications and Priorities. (ACTION) TAB13 22-870 Request that the Mayor Appoint and City Council to Ratify an Ad-Hoc Subcommittee to Review and Evaluate Proposals for a State Lobbyist Firm (ACTION) Page 11 Printed on 9/23/2022 City Council Regular Meeting September 27, 2022 TAB14 22-860 Request City Council to: (1) Consider and Select the Artificial Christmas Tree Solicited Through RFQ 23-002; and (2) Authorize the City Manager to Proceed with the Purchase of the Selected Christmas Tree . POWERPOINT (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 12 Printed on 9/23/2022