City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, April 11, 2023 CLOSED SESSION TIME: 4:30 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 April 11, 2023 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 AT LEAST 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., MONDAY THROUGH FRIDAY. 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). HOW TO ATTEND THE MEETING. (1) Members of the public may attend the meeting in person. (2) Watch live steaming video of the Meeting at https://www.yourrialto.com/183/Rialto-Network (3) Council Meetings are broadcast live on the City’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99. HOW TO MAKE A PUBLIC COMMENT. (1) Appear at the meeting and speak during the public comment period. We request that you complete a Public Speaker Form and submit it to the City Clerk before the meeting. There is a 5 minute time limit. (2) You may submit a public comment in writing to the City Clerk by email at CITYCLERK@RIALTOCA.GOV. Next Ordinance No. 1686 Next Resolution No. 8064 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 4/6/2023 City Council Regular Meeting April 11, 2023 4:30 p.m. CLOSED SESSION 1 23-370 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) Two (2) matters: (1) McCullough_v. City of Rialto et al., Case No. 5:22-cv-00600 (2) Advocates for the Environment. City of Rialto, Birtcher et al., Case No. CIV SB 2222896 2 23-371 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of matters: Seven (7) matters. 3 23-372 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: APN: 0264-211-15 & 17; and 0264-211-44, 45, 46, & 54; Agency Negotiator: Acting City Manager Arron Brown; Assistant City Attorney Robert Messinger Negotiating Parties: City of Rialto, City of Rialto as Successor Agency; TE Newland Investments, LLC Under Negotiation: Price and Terms Sale 4 23-373 PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code section 54957(b) Three (3) positions: Title: Acting City Manager; Interim City Manager; City Manager 5 23-374 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957(b) One (1) position: Title: Acting City Manager Page 3 Printed on 4/6/2023 City Council Regular Meeting April 11, 2023 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Deborah Robertson INVOCATION - Pastor Dr. Victor Nolen - Word in Action City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 23-272 Rialto Teachers Association SRLA Running Teams - Mayor Deborah Robertson 2 23-363 Rialto High School Girls CIF Division 4AA Basketball Champs - Council Member Joe Baca 3 23-364 Carter High School Girls Varsity Soccer Team - Mayor Deborah Robertson 4 23-279 Proclamation - DMV/Donate Life Month - Mayor Deborah Robertson 5 23-350 Earth Day - Mayor Deborah Robertson 6 23-351 National Arbor Day - Mayor Deborah Robertson Page 4 Printed on 4/6/2023 City Council Regular Meeting April 11, 2023 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 23-302 Warrant Resolution No. 34a (03/10/2023) B.2 23-303 Warrant Resolution No. 35 (03/16/2023) B.3 23-304 Warrant Resolution No. 36 (03/23/2023) B.4 23-305 Warrant Resolution No. 37 (03/30/2023) B.5 23-365 Warrant Resolution No. 37a (3/30/2023) B.6 23-306 Warrant Resolution No. 38 (04/06/2023) C. APPROVAL OF MINUTES C.1 23-301 Regular City Council Meeting - March 14, 2023 D. CLAIMS AGAINST THE CITY D.1 23-307 Melinda K Charles - Vehicle Damage D.2 23-308 Rodolfo E Padilla - Vehicle Damage D.3 23-309 Leila D. Robertson - Damages D.4 23-310 Progressive West Ins ASO Pablo Tapia Velazquez D.5 23-321 Anessa Raylene Medina - Property Damage Page 5 Printed on 4/6/2023 City Council Regular Meeting April 11, 2023 D.6 23-322 Michael Morales - Vehicle Damage D.7 23-324 Jordan Ramirez - Vehicle Damage D.8 23-325 Deborah Stone - Vehicle Damage D.9 23-352 Derek M. Dorsey - Vehicle Damage D.10 23-353 Maria Alvarado - Personal Injury D.11 23-359 Jonathan Garcia - Vehicle Damage D.12 23-360 Eric Mendoza - Vehicle Damage D.13 23-361 Paulina Correa - Vehicle Damage D.14 23-366 Gabriel Dorantes - Vehicle Damage D.15 23-367 Nancy Nohemi Alvarado - Vehicle Damage D.16 23-368 Anthony R Rodriguez - Vehicle Damage D.17 23-369 Adam Salveson - Damages E. SET PUBLIC HEARING E.1 23-147 Request City Council to Set a Public Hearing for April 25, 2023, to Consider and Approve Substantial Amendment No. 6 Revising Budget Amounts to CDBG-CV Activities within the City’s 2020-2021 Annual Action Plan E.2 23-357 Request City Council to Set a Public Hearing for April 25, 2023, to Consider and Approve the City’s 2023-2024 Community Development Block Grant Annual Action Plan. Page 6 Printed on 4/6/2023 City Council Regular Meeting April 11, 2023 E.3 23-274 Request City Council to Set a Public Hearing for April 25, 2023 to consider (1) Specific Plan Amendment No. 2020-0002, a request to amend the Pepper Avenue Specific Plan to add a new “Light Industrial” land use designation and development standards, divide Planning Area 1 into two (2) Planning Areas - Planning Area 1 (2.63 acres) and Planning Area 10 (11.64 acres), change the land use designations of Planning Areas 2, 3, and 10 from Community Commercial to Light Industrial, add various traffic circulation improvements, and textual and graphical amendments, (2) Conditional Development Permit No. 2020-0008, a request to allow the development and operation of a 470,000 square foot industrial warehouse building on approximately 23.82 acres of land within Planning Areas 2 & 3 of the Pepper Avenue Specific Plan, (3) Precise Plan of Design No. 2020-0014, a request for site and architectural review for a proposed 470,000 square foot industrial warehouse building on approximately 23.82 acres of land within Planning Areas 2 & 3 of the Pepper Avenue Specific Plan, and (4) a Subsequent Environmental Impact Report (Environmental Assessment Review No. 2020-0010) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). F. MISCELLANEOUS F.1 23-314 Request for City Council to Adopt Resolution No. 8060 Authorizing the Acting City Manager to Execute the California Office of Emergency Services program documents for the Emergency Operations Center (EOC) FY 22 Grant Approved in 2022 through the Federal Emergency Management Agency (FEMA)’s Homeland Security Appropriations. F.2 23-258 Request City Council to Adopt Resolution No. 8061, approving the Industrial Disability Retirement for Andrew Lore. F.3 23-229 Request City Council to: (1) Approve a Cooperative Agreement with the City of Fontana for Construction of the Baseline Avenue at Palmetto Avenue Traffic Signal Project; and (2) Authorize the City Manager to Execute All Documents F.4 23-230 Request City Council to: (1) Approve a Cooperative Agreement with the City of Fontana for Construction of the Sierra Avenue at Riverside Avenue Traffic Signal Project; and (2) Authorize the City Manager to Execute All Documents F.5 23-311 Request City Council Authorize the Submission of a Clean California Local Grant Program Application to the California Department of Transportation for the Foothill Boulevard Aesthetics Improvements Project. Page 7 Printed on 4/6/2023 City Council Regular Meeting April 11, 2023 TAB NEW BUSINESS TAB1 23-332 Request City Council to: (1) Receive a Presentation on General Fund Revenue and Expenditures for the First and Second Quarter of Fiscal Year 2022-23; (2) Adopt Resolution No. 8058 Amending the Fiscal Year 2022-23 Fiscal Budget, and (3) Adopt Resolution No. 8059 Updating the Citywide Class and Compensation Table for Full-Time and Part-Time Employees (ACTION) TAB2 23-331 Request City Council to (1) Authorize a Purchase Order to Westgroup Designs Inc. in the Amount of $141,680.00, pursuant to their On-Call Professional Services Agreement for Professional Architectural Services for the Rialto Library Atrium Conversion, City Project 230203; and (2) Authorize the City Manager to Execute all Documents. (ACTION) TAB3 23-260 Request City Council to Provide Direction Regarding the Current Downtown Digital Sign and Monument Site. (ACTION) TAB4 23-356 Request City Council/Rialto Utility Authority Board award a sole source contract to FG Solutions, LLC to provide a Water and Wastewater Rate Study for an amount not to exceed $138,297. (ACTION) TAB5 23-294 Request City Council to: (1) Adopt Resolution No. 8062 to Amend Fiscal Year 2022/2023 Budget and Approve Appropriations in Major Capital Grants Fund 223 in the amount of $233,399; (2) Approve a Cooperative Agreement with the City of Fontana for the Reconstruction of Maple Avenue from Baseline Road to Miller Avenue as part of the Various Streets Reconstruction Project, City Project No. 210804; (3) Authorize the City Manager to Execute any Future Amendments to the Cooperative Agreement for Maple Avenue from Baseline Road to Miller Avenue; and (4) Authorize the City Manager to Execute All Documents. (ACTION) Page 8 Printed on 4/6/2023 City Council Regular Meeting April 11, 2023 TAB6 23-327 Request City Council to: (1) Adopt Resolution No. 8063 to Amend Fiscal Year 2022/2023 Budget and Approve Appropriations in Major Capital Grants Fund 223 in the amount of $258,890; (2) Approve a Cooperative Agreement with the County of San Bernardino for Reconstruction of Lilac Avenue from about 0.12 miles south of Lurelane Street to Tahoe Street as part of the Various Streets Reconstruction Project, City Project No. 210804; (3) Authorize the City Manager to Execute All Documents and Any Future Amendments to the Cooperative Agreement for Lilac Avenue from about 0.12 miles south of Lurelane Street to Tahoe Street. (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 9 Printed on 4/6/2023