City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting - Final Tuesday, February 28, 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 - Final February 28, 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 2/24/2023 City Council Regular Meeting - Final February 28, 2023 Next Ordinance No. 1686 Next Resolution No. 8057 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 2/24/2023 City Council Regular Meeting - Final February 28, 2023 5:00 p.m. CLOSED SESSION 1 23-215 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to litigation pursuant to Section 54956.9(d)(2) Number of matters: (18) 2 23-216 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code section 54957.6 Labor Negotiator: Acting City Manager Arron Brown, Assistant City Attorney Al Ford and Human Resources/Risk Management Director Shama Curian 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 3 23-217 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957(b) Position: Acting City Manager Page 4 Printed on 2/24/2023 City Council Regular Meeting - Final February 28, 2023 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Joe Baca INVOCATION - Pastor Harry Bratton - Greater Faith Grace Bible Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 23-221 Recognition of Rialto Resident - Maria Solano - Council Member Trujillo 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 23-186 Warrant Resolution No.31(2/16/2023) B.2 23-187 Warrant Resolution No.32(2/23/2023) B.3 23-220 Warrant Resolution No.32a(02/23/2023) C. APPROVAL OF MINUTES C.1 23-188 Regular City Council Minutes - February 14, 2023 Page 5 Printed on 2/24/2023 City Council Regular Meeting - Final February 28, 2023 D. CLAIMS AGAINST THE CITY D.1 23-206 Quincy Royce Carlisle - Vehicle Damage D.2 23-207 Eddy Castro - Damages D.3 23-208 John Viggiano - Vehicle Damage D.4 23-209 Ignacio Penaloza, Janeth Penaloza, Cruz Mayoral - Damages D.5 23-219 Juan Madrigal - Damages E. SET PUBLIC HEARING E.1 23-202 Request City Council to Adopt Resolution No. 8050 and Set a Public Hearing for March 14, 2023, to Consider Ordering the Abatement of Weeds on Various Properties Within the City Limits, and to Hear any Objections to Imposing the Abatement Cost Therefore as a Lien Against Parcels of Property Set Forth in Exhibit A. F. MISCELLANEOUS F.1 23-189 Request City Council to Adopt by Second Reading ORDINANCE NO. 1680 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING SECTION 5.04.220 OF CHAPTER 5.04 OF TITLE 5 OF THE RIALTO MUNICIPAL CODE REGARDING BUSINESS LICENSES AND REGULATIONS F.2 23-131 Request City Council to 1) Adopt Resolution No. 8051 Approving Tract Map 20207 for the Subdivision of Land into 77 Single-Family Lots of the Neighborhood II of the Lytle Creek Ranch Specific Plan; 2) Approve an Associated Subdivision Improvement Agreement; and 3) Authorize the Acting City Manager to execute all required documents. F.3 23-194 Request that the City Council/Rialto Utility Authority Board Receive and File Moratorium Update. (RECEIVE AND FILE) F.4 23-152 Request City Council to Adopt Resolution No. 8055 Authorizing the Destruction of Certain Obsolete Documents. F.5 23-210 Requests that the City Council: 1) Approve the submission of the Rialto City Park Buildings Replacement Project and the Birdsall Park Building Replacement project to San Bernardino County for ARPA Funding; 2) Authorize the Acting City Manager to Execute all necessary documents. Page 6 Printed on 2/24/2023 City Council Regular Meeting - Final February 28, 2023 F.6 23-205 Request City Council to Adopt Resolution No. 8052, Terminating the Existence of a Local Emergency. F.7 23-118 Request the City Council to (1) Approve a Three (3) Year Building and Facility Joint Use Agreement between the City of Rialto and the Rialto Unified School District (RUSD), with an option for two, one-year extensions and (2) authorize the Acting City Manager to execute all documents. F.8 23-196 Request City Council Review and Approve the Recommended Projects for Community Funding through Federal Funding Appropriation Requests F.9 23-211 Request City Council to Approve the Continued Participation in the Ground Emergency Medical Transport Program and the Appropriation Funding as Adopted under AB1705 as the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer (PP-GEMT IGT) and Authorize the City Manager or designee to Execute Program Documents. TAB PUBLIC HEARING TAB1 23-178 Request City Council to: (1) Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Third Quarter of 2022; and (2) Adopt Resolution No. 8056 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk. (ACTION) TAB2 23-183 Request the City Council to Conduct a Public Hearing 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. 8053 denying appellant’s appeal. POWERPOINT (ACTION) TAB3 23-197 Request City Council to Conduct a Public Hearing to Adopt Resolution No. 8054 (Attachment B) Adopting 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. POWERPOINT (ACTION) Page 7 Printed on 2/24/2023 City Council Regular Meeting - Final February 28, 2023 TAB4 23-198 Request City Council to Conduct a Public Hearing to Consider and Adopt the Residential Overlay Program Pursuant to the 2021-2029 (Sixth Cycle) General Plan Housing Element Comprised of the following: · To adopt Resolution No. 8043 (Exhibit C) approving an Addendum to the previously adopted Mitigated Negative Declaration for the 2021-2029 (6th Cycle) General Plan Housing Element Update (Environmental Assessment Review No. 2022- 0083) for the proposed project. · To introduce for the First Reading, Ordinance No.1681 (Exhibit D) that would approve Zoning Code Amendment No. 2022-0004 to amend the Rialto Municipal Code by adding Chapter 18.116 (Residential Overlay), modifying Section 18.22.020 (Permitted Uses), and adding Section 18.56.090 (Affordable Housing Projects). · To adopt Resolution No. 8045 (Exhibit E) approving Specific Plan Amendment No. 2022-0007 to establish a residential overlay in the Central Area Specific Plan and to adopt the attached Resolution No. 8046 (Exhibit F) approving Specific Plan Amendment No. 2022-0008 to establish a residential overlay in the Gateway Specific Plan. · To introduce for the First Reading, Ordinance No.1682 (Exhibit G) that would approve Zoning Code Amendment No. 2022-0004 to amend Section 18.116.020 (Application) of Title 18 (Zoning) of the Rialto Municipal Code to add a zoning map for Area D (Properties Located Near North Riverside Avenue and Easton Street) · To introduce for the First Reading, Ordinance No.1683 (Exhibit H) that would approve Zoning Code Amendment No. 2022-0004 to amend Section 18.116.020 (Application) of Title 18 (Zoning) of the Rialto Municipal Code to add a zoning map for Area E (Properties Located in the Foothill Boulevard Specific Plan) and to adopt the attached (Resolution No. 8044 (Exhibit I) approving Specific Plan Amendment No. 2022- 0006 to establish a residential overlay in the Foothill Boulevard Specific Plan. POWERPOINT (ACTION) Page 8 Printed on 2/24/2023 City Council Regular Meeting - Final February 28, 2023 TAB5 23-199 Request City Council to Conduct a Public Hearing, Consider, and Adopt Interim Urgency Ordinance No. 1684 entitled “AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DESIGNATING TRUCK ROUTES WITHIN THE CITY OF RIALTO AND ESTABLISHING A MORATORIUM TO PROHIBIT TRUCK TRAFFIC ON ALL OTHER STREETS WITHIN THE CITY OF RIALTO EXCEPT AS OTHERWISE PROVIDED BY LAW” Reading by Title Only and Declaring the Urgency Thereof. (ACTION) TAB NEW BUSINESS TAB6 23-200 Request City Council to (1) Approve the 2022 Citywide Engineering and Traffic Survey (E&TS) and (2) Introduce for First Reading Ordinance No. 1685 Amending Section 10.32.050 of the Rialto Municipal Code Establishing Prima Facie Speed Limits. POWERPOINT (ACTION) TAB7 23-149 Request City Council to (1) Receive an Update on Recent Traffic Calming Efforts and Responses to Resident Requests and (2) Provide Direction as Appropriate. (ACTION) TAB8 23-169 Request City Council to; (1) Authorize a Purchase Order in the Amount of $239,120, to Psomas pursuant to their On-Call Agreement for Professional Civil Engineering Services for Design of the Merrill Avenue Safe Routes to School Improvements Project, City Project No. 220801; (2) Authorize the City Manager to Execute All Documents (ACTION) TAB9 23-195 Request City Council to; (1) Authorize a Purchase Order in the Amount of $135,500, to Proactive Engineering Consultants Pursuant to their On-Call Agreement for Professional Civil Engineering Services for Design of the Sycamore Avenue Safe Routes to School Improvements Project, City Project No. 220802; (2) Authorize the Acting City Manager to Execute All Documents (ACTION) TAB10 23-201 Request the City Council to Hear a Presentation on the Conceptual Plan for the Downtown Parking Lot Improvements (Project 230801) and Provide Direction to Staff. (ACTION) Page 9 Printed on 2/24/2023 City Council Regular Meeting - Final February 28, 2023 TAB11 23-150 Request City Council to: (1) Approve the First Amendment to Agreement for Services with Bio-Tox Laboratories, Inc; (2) Approve $85,000 Increase to Purchase Order 2023-0504 from $65,000 to $150,000 for Testing Services Through June 2023; (3) Approve the Issuance of a Purchase Order for FY2023/2024 in the Amount of $175,000 for the Final Year of the Agreement Period; and (4) Authorize the Acting City Manager or his Designee to Execute all Documents. (ACTION) TAB12 23-212 Request City Council to: (1) Approve the First Amendment to the Service Agreement With National Public Safety Group, LLC, a North Carolina Limited Liability Company; (2) Approve $88,033 Increase to Purchase Order 2022-0942 from $105,640 to $193,673 for Project Management Services of the Police Department’s CAD/RMS System Upgrade Through July of 2023; (3) Authorize the Acting City Manager or City Manager to Execute Future Annual Purchase Order Increases Not to Exceed $100,000; and (4) Authorize the Acting City Manager or Designee to Execute All Documents Including Any Changes or Increases in Service. (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 10 Printed on 2/24/2023