City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, February 14, 2023 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 Andy Carrizales Council Member Rafael Trujillo Council Member Ed Scott Council Member Joe Baca Barbara A. McGee City Clerk Edward Carrillo City Treasurer Eric Vail City Attorney Arron Brown, Acting City Manager City Council Regular Meeting February 14, 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). Page 2 Printed on 2/9/2023 City Council Regular Meeting February 14, 2023 Next Ordinance No. 8050 Next Resolution No. 1681 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 2/9/2023 City Council Regular Meeting February 14, 2023 5:00 p.m. CLOSED SESSION 1 23-173 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of matters: Two (2) matters. 2 23-174 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 274 and 290 Jackson: APNs 0127-311-15 and -16 City Negotiator: Acting City Manager Arron Brown, City Attorney Eric Vail Negotiating Parties: City of Rialto as Successor Agency; Mark Erickson Community Housing Under Negotiation: Price and Terms Sale 3 23-175 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957(b) Positions: Acting City Manager, Interim City Manager, City Manager Page 4 Printed on 2/9/2023 City Council Regular Meeting February 14, 2023 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Deborah Robertson INVOCATION - Pastor Sonny Phillips - St. Paul Ministries City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 23-168 Acknowledgement of “In Memoriam” for Dr. John Kazalunas - Mayor 2 23-172 Introduction of new employee by Arron Brown, Acting City Manager: Colby Cataldi - Director of Community Development Rudy Zepeda - Police Department - Animal Control Officer Christian Garcia - Community Service Department - Recreation Programmer Roberto Solis - City Clerk Department - Office Specialist 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 23-121 Warrant Resolution No.28(01/26/2023) Page 5 Printed on 2/9/2023 City Council Regular Meeting February 14, 2023 B.2 23-122 Warrant Resolution No.29(02/02/2023) B.3 23-123 Warrant Resolution No.30(02/09/2023) C. APPROVAL OF MINUTES C.1 23-124 Regular City Council Minutes - January 24, 2023 D. CLAIMS AGAINST THE CITY D.1 23-154 Gloria Jean Hernandez - Personal Injury D.2 23-155 Raymundo Alacaraz Jr. - Vehicle Damage D.3 23-156 Yadira N MedinaRivera - Vehicle Damage D.4 23-157 Nancy M Ochoa - Vehicle Damage D.5 23-158 Baby Jane Cyrene D Adan - Vehicle Damage D.6 23-159 Erika Serrano Cruz - Vehicle Damage D.7 23-160 Dennis Elliot Watlandb - Vehicle Damage D.8 23-162 Allstate Ins. Aso Jonathan Garcia D.9 23-163 Kimberly Avelar Alacron - Vehicle Damage D.10 23-166 Julia Loeffert - Vehicle Damage E. MISCELLANEOUS E.1 23-153 Request City Council to: (1) Receive an Update on and end the Local Emergency Throughout the City of Rialto in Response to the COVID-19 Pandemic; (2) End the Local State of Emergency on February 28th, 2023; (3) Establish an Environmental Health Committee. E.2 23-026 Request City Council to (1) Award Professional On-Call Service Agreements with Dudek, Global Urban Strategies, KOA, MNS Engineers, RPPG, Townsend Public Affairs and Villa Civil for On-Call Grant Writing Services to and (2) Authorize the Acting City Manager to Execute All Documents Page 6 Printed on 2/9/2023 City Council Regular Meeting February 14, 2023 E.3 23-129 Request City Council to Approve and Authorize the Transfer of Public Funds for Participation in the calendar 2021 Medi-Cal Rate Range Intergovernmental Transfer Program E.4 23-167 Request City Council to Adopt Resolution No. 8038 Amending the City’s Investment Policy. F. SET PUBLIC HEARING F.1 23-176 Request City Council to Set a Public Hearing for February 28, 2023 to Consider Amending Interim Urgency Ordinance No. 1677 to Restrict Truck Traffic on Certain Segments of City Roadways Proposed to be Decommissioned as Truck Routes. TAB PUBLIC HEARING TAB1 23-115 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. 8039 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. 8040 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 7 Printed on 2/9/2023 City Council Regular Meeting February 14, 2023 TAB2 23-128 Request City Council to Conduct a Public Hearing to Consider and Adopt the Overlay Program Pursuant to the 2021-2029 (Sixth Cycle) General Plan Housing Element Comprised of the following: Zoning Code Amendment No. 2022-0004: A request to amend the Rialto Municipal Code by adding Chapter 18.116 - Residential Overlay establishing a residential overlay and associated regulations over 223 parcels totaling 302 acres distributed throughout the City and modifying Section 18.22.020 Permitted Uses and Section 18.22.030 Development standards. Specific Plan Amendment No. 2022-0006: A request to amend the Foothill Boulevard Specific Plan to establish a residential overlay by reference to the proposed Rialto Municipal Code Chapter 18.116 - Residential Overlay over approximately 159 acres distributed along Foothill Boulevard. Specific Plan Amendment No. 2022-0007: A request to amend the Central Area Specific Plan to establish a residential overlay by reference to the proposed Rialto Municipal Code Chapter 18.116 - Residential Overlay over approximately fourteen (14) acres distributed throughout the Central Area Specific Plan. Specific Plan Amendment No. 2022-0008: A request to amend the Gateway Specific Plan to establish a residential overlay by reference to the proposed Rialto Municipal Code Chapter 18.116 - Residential Overlay over approximately twenty (20) acres located generally southeast of the intersection of Riverside Avenue and San Bernardino Avenue. (ACTION) TAB3 23-130 Request City Council to Continue the Public Hearing to the February 28th, 2023, City Council meeting for the City of Rialto 2021-2029 (Sixth Cycle) General Plan Housing Element Update ( General Plan Amendment No. 2021-0002) as Amended Pursuant to Guidance and Direction from the California Department of Housing and Community Development. (ACTION) Page 8 Printed on 2/9/2023 City Council Regular Meeting February 14, 2023 TAB NEW BUSINESS TAB4 23-133 Request City Council/Rialto Utility Authority Board to (1) Adopt Resolution No. 8047 to Amend the Utility Services Wastewater Budget in Fund 660, (2) Adopt RUA Resolution No. 02-23 to Amend the Utility Services Wastewater Budget in Fund 660, (3) Approve the Final Construction Work Authorization in the Amount of $3,167,063 to Rialto Water Services for 60% Design and Preparation of a Guarantee Maximum Price for the Biosolids Handling Equipment and the Purchase of Batteries and Substation Equipment for the Microgrid Project, and (4) Authorize the Acting City Manager to Execute All Related Documents. (ACTION) TAB5 23-119 Request City Council to: (1) Authorize the Issuance of a Purchase Order to Harris & Associates in the Amount of $254,251 for the Development of Rialto’s Stormwater Asset Inventory; and (2) Authorize the Acting City Manager to Execute all Related Documents. (ACTION) TAB6 23-165 Request City Council (1) Hear a Presentation on the San Bernardino Regional Housing Trust and (2) Authorize the Submission of a Letter of Intent regarding the San Bernardino Regional Housing Trust (ACTION) TAB7 23-148 Request the City Council to: (1) Adopt Resolution No. 8048 authorizing an application for CalHome Program Funds; authorizing the City Manager, or designee, to enter into, execute, and deliver all other documents required or deemed necessary or appropriate to evidence and secure the CalHome grant funds; and authorizing Avant-Garde, Inc. to act as the City’s Administrative Subcontractor; and (2) Consider and amend a Professional Services Agreement with Avant-Garde, Inc. to include additional scope of services, extend the term of the agreement, and include additional compensation to administer the CalHome Program. (ACTION) TAB8 23-002 Request City Council to Introduce Ordinance No. 1680 , Amending Section 5.04.220 of Title 5 of the Rialto Municipal Code Relating to Business Licenses and Regulations. (ACTION) Page 9 Printed on 2/9/2023 City Council Regular Meeting February 14, 2023 TAB9 22-988 Request City Council to: (1) Adopt Resolution No. 8049 Amending the 2022-2023 Fiscal Year Budget; (2) Approve the Acceptance of San Bernardino County Board of Supervisor Discretionary Fund - District Specific Priorities Program in the Amount of $162,334 for the Purchase of Two (2) Can-Am Maverick Vehicles and Two (2) Zero Electric FXP motorcycles; and (3) Authorize the Acting City Manager or His Designee to Execute All Documents. (ACTION) TAB10 23-164 Request City Council to authorize staff to write a letter and/or draft a Resolution to be sent to California Governor Gavin Newsom asking him to appoint a State Senator to District 29. (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 10 Printed on 2/9/2023