City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, January 10, 2023 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 Joe Baca Barbara A. McGee City Clerk Edward Carrillo City Treasurer Eric Vail City Attorney Marcus Fuller City Manager City Council Regular Meeting January 10, 2023 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. YOU MUST SIGN UP BY 6:30PM THE NIGHT OF THE MEETING, SEND EMAIL: rialtonetwork@rialtoca.gov. (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). City of Rialto Page 2 Printed on 1/6/2023 City Council Regular Meeting January 10, 2023 Next Ordinance No. 1677 Next Resolution No. 8036 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 City of Rialto Page 3 Printed on 1/6/2023 City Council Regular Meeting January 10, 2023 4:00 p.m. CLOSED SESSION 1 23-040 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) Four (4) matters: (1) Shawn Fallah et al., v. Alexander Tamayochimal, City of Rialto, et al. Case No. CIVSB 2103383 (2) Regina Taylor v. City of Rialto, et al. Case No. CIVSB 2108776 (3) Esteban Hernandez v. City of Rialto et al., Case No. USDC 5-22-cv-01807-SSS-SP (4) Advocates for the Environment v. City of Rialto, QR Birtcher Willow Ave, Owner LLC., Case No. CIVSB 2222896 (5) H&H General Contractors, et al v. City of Rialto et al., Case No. CIVSB 2220213 2 23-042 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of maters: Four (4) matters. 3 23-043 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Ayala Drive/Miro Way; APNs 0264-211-15, 0264-212-12, -17, -30, -44, -45, -46, and -54 City/Agency Negotiator: City Manager Marcus Fuller; Assistant City Manager Arron Brown, City Attorney Eric Vail Negotiating Parties: City of Rialto/Successor Agency; unspecified potential buyers Under Negotiation: Price and Terms Sale 4 23-044 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 136 S. Riverside Drive City Negotiator: City Manager Marcus Fuller; Assistant City Manager Arron Brown, City Attorney Eric Vail Negotiating Parties: City of Rialto; unspecified potential buyers Under Negotiation: Price and Terms Sale City of Rialto Page 4 Printed on 1/6/2023 City Council Regular Meeting January 10, 2023 5 23-045 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code section 54957.6 Labor Negotiator: City Manager Marcus Fuller, Assistant City Manager Arron Brown, Assistant City Attorney 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 6 23-046 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957(b) Positions: City Attorney City of Rialto Page 5 Printed on 1/6/2023 City Council Regular Meeting January 10, 2023 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Andy Carrizales INVOCATION - Pastor Harry Bratton - Greater Faith Grace Bible Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 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 23-008 Warrant Resolution No.24 (12/15/2022) B.2 23-009 Warrant Resolution No.24a (12/15/2022) B.3 23-039 Warrant Resolution No.25 (01/05/2023) C. APPROVAL OF MINUTES C.1 23-007 Regular City Council Meeting - December 13, 2022 City of Rialto Page 6 Printed on 1/6/2023 City Council Regular Meeting January 10, 2023 D. CLAIMS AGAINST THE CITY D.1 23-029 Bailey Stark - Vehicle Damage D.2 23-036 Guillermina Negrete Mendez - Vehicle Damage D.3 23-047 Eric Alexander Mendoza - Vehicle Damage E. SET PUBLIC HEARING E.1 23-014 Request City Council to 1) Set a Public Hearing for January 24, 2023, to Conduct a Property Owner Protest Ballot Proceeding; 2) Adopt Resolution No. 8027 Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2022/2023; and to 3) Adopt Resolution No. 8028 Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and Conduct a Property Owner Protest Ballot Proceeding On The Matter of the New Assessments Related Thereto Commencing with Fiscal Year 2022/2023. E.2 23-021 Request City Council to Set a Public Hearing for January 24, 2023 to Consider Extending an Interim Urgency Ordinance to Restrict Truck Traffic on Certain Segments of City Roadways Proposed to be Decommissioned as Truck Routes. E.3 23-023 Request City Council Set a Public Hearing for January 24, 2023, to consider extending an Interim Urgency Ordinance prohibiting the establishment and/or expansion of outdoor storage uses for trailers and/or truck yard uses in the City of Rialto except as otherwise provided by law. F. MISCELLANEOUS City of Rialto Page 7 Printed on 1/6/2023 City Council Regular Meeting January 10, 2023 F.1 23-006 Request City Council to Adopt by Second Reading ORDINANCE NO.1676 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2022-0001 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 101.7 ACRES OF LAND (APNS: 0264-191-02, -04, -13, & -14 AND 0264-201-08, -25, -27, -28, -29, -30, & -31) GENERALLY LOCATED EAST OF EUCALYPTUS AVENUE, SOUTH OF THE SR-210 FREEWAY, WEST OF MERIDIAN AVENUE, AND NORTH OF WALNUT AVENUE FROM A MIX OF SINGLE-FAMILY RESIDENTIAL (R-1A) AND COMMERCIAL MANUFACTURING (C-M) TO PEPPER AVENUE SPECIFIC PLAN. F.2 22-783 Request City Council to Authorize the Release of Request for Bids No. 23-011 for the Raised Median Island Improvements on Baseline Road between Willow Avenue and Meridian Avenue, Federal Project No. HSIP 5205-027, City Project No. 170812. F.3 23-003 Request City Council to: (1) Adopt Resolution No. 8029 Amending the 2022-2023 Fiscal Year Budget; (2) Approve the California Highway Patrol “Every 15 Minutes” Education Grant Agreement in the Amount of $9,999.99 for an Event at Eisenhower High School; (3) Approve the California Highway Patrol “Every 15 Minutes” Education Grant Agreement in the Amount of $9,999.99 for an Event at Carter High School; and (4) Authorize the City Manager or Designee to Execute All Documents. F.4 23-004 Request City Council to: (1) Adopt Resolution No. 8030 Amending the 2022-2023 Fiscal Year Budget and Amending the Capital Improvement Program to Add “J&K Auto Body Demolition, City Project No. 230205; and (2) Authorize the Release of Request for Bids No. 23-028 for the &K Auto Body Demolition, City Project No. 230205. F.5 23-005 Request City Council to Authorize the Release of Request for Bids No. 23-027 for the Class II Bike Lanes on Merrill Avenue and Riverside Avenue, Federal Project No. HSIP 5205-024, City Project No.170813. F.6 23-017 Request City Council to: (1) Approve the Landscape Maintenance Agreement with SREF 2020, LLC and; (2) Authorize the City Manager to Execute All Documents. F.7 23-027 Request the Council to (1) Approve a Professional Services Agreement with Arc Strategies for State Lobbyist Services in the amount of $75,000 for a 1 Year Term, and (2) Authorize the City Manager to execute all documents F.8 23-033 Request City Council Review and Approve the Parks, Recreation & Community Services Refund Policy for Park Shelter Rentals. City of Rialto Page 8 Printed on 1/6/2023 City Council Regular Meeting January 10, 2023 F.9 23-034 Request City Council adopt Resolution No. 8031 Amending the FY 2022-23 Budget in the amount of $10,300 to accept grant funding from the Kaiser Foundation Hospitals Community Benefit Grant for the Healthy Rialto Nutrition Program 2023. F.10 23-041 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 City of Rialto Page 9 Printed on 1/6/2023 City Council Regular Meeting January 10, 2023 TAB PUBLIC HEARING TAB1 23-013 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. 8032 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. 8033 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) TAB2 23-022 Request City Council to Continue the Public Hearing to the January 24th, 2023, City Council meeting, for the Appeal of the Planning Commission’s Decision on November 9, 2022, Approving Conditional Development Permit (CDP) No. 2021-0047 and Precise Plan of Design (PPD) No. 2021-0061 for the development of a 62,248 square foot industrial warehouse building on 2.84 acres of land (APN: 1133-081-01 & 1133-081-02) located on the southwest corner of Locust Avenue and Stonehurst Drive within General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan and to consider Resolution No. 8034 denying appellant’s appeal. (ACTION) TAB NEW BUSINESS TAB3 22-1078 Request City Council to (1) Introduce Ordinance No. 1675, Amending Sections 2.52.020, 2.52.030, and 2.52.050 of the Rialto Municipal Code, Provide First Reading by Title and Waive Further Reading; and (2) Approve the Operation, Management and Maintenance of the Rialto Cemetery by the Community Services, Parks & Recreation Department. (ACTION) City of Rialto Page 10 Printed on 1/6/2023 City Council Regular Meeting January 10, 2023 TAB4 22-1026 Request City Council to: (1) Approve the Purchase, Installation and Warranty of 22 Vigilant L5F Cameras for the Amount of $293,445.62, (2) Approve Five-Year Contractual Agreements with Vigilant Solutions, LLC for Fiscal Years 2021/2022 Through 2026/2027 at an Annual Cost of $28,175.00 for the Investigative Data Platform and Camera License Key (CLK) Fees, and (3) Authorize the City Manager or Designee to Execute All Documents. (ACTION) TAB5 22-1084 Request City Council to: (1) Approve the Purchase of One Wheelchair Assessable Van and One Standard Passenger Van From A-Z Bus Sales, Inc. in the amount of $144,368.83; and (2) Authorize the City Manager to execute all Related Documents. (ACTION) TAB6 23-012 Request City Council to: (1) Adopt Resolution No. 8035 Amending the 2022-2023 Fiscal Year Budget and Amending the Capital Improvement Program to Add “Traffic Signal Modification and Median Reconfiguration at Riverside Avenue and Senior Way, City Project No. 230806;” (2) Award a Construction Contract to California Professional Engineering, Inc., a California corporation, in the amount of $962,221; and (3) Authorize the City Manager to Execute all Documents. (ACTION) TAB7 23-028 Request City Council to: (1) Approve the Purchase of Three Off-road Caterpillar Tractors and One Massey Ferguson Tractor from Quinn Company in the amount of $499,352.84; and (2) Authorize the City Manager to Execute All Documents. (ACTION) TAB8 23-018 Request City Council/Rialto Utility Authority Board 1) Adopt City Resolution No.8036 ending the moratorium on water disconnections and late penalties for water and wastewater accounts that are in arrears in accordance with the provisions set forth in the Water Shutoff Protection Act (Senate Bill 998) and City Council Resolution 7591 effective February 1, 2023; and 2) Adopt RUA Resolution No. ending the moratorium on water disconnections and late penalties for water and wastewater accounts that are in arrears in accordance with the provisions set forth in the Water Shutoff Protection Act (Senate Bill 998) and City Council Resolution 7591 effective February 1, 2023. (ACTION) REPORTS MAYOR: City of Rialto Page 11 Printed on 1/6/2023 City Council Regular Meeting January 10, 2023 COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT City of Rialto Page 12 Printed on 1/6/2023