City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, April 25, 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 April 25, 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. 1687 Next Resolution No. 8071 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 4/21/2023 City Council Regular Meeting April 25, 2023 5:00 p.m. CLOSED SESSION 23-426 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) Two (2) matters: (1) Pablo Chavez Ortiz_v. City of Rialto et al., SBSC Case No. CIVSB2219806 (2) Brown, et al. v. City of Rialto et al., SBSC Case No. CIVSB2218336 23-427 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of matters: three (3) matters. · Litigation threatened by Southern California Edison · Potential City claim against Engineering firm related to street project · Assignment of Conflict Counsel 23-428 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957(b) One (1) position: Title: City Attorney Page 3 Printed on 4/21/2023 City Council Regular Meeting April 25, 2023 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Pro Tem Andy Carrizales INVOCATION - Pastor Joel Booker - Inland Lighthouse 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 23-377 Warrant Resolution No. 39 (04/13/2023) B.2 23-378 Warrant Resolution No. 40 (04/20/2023) C. APPROVAL OF MINUTES C.1 23-379 Regular City Council Meeting - April 11, 2023 D. CLAIMS AGAINST THE CITY D.1 23-423 Fernando Dominguez - Damages Page 4 Printed on 4/21/2023 City Council Regular Meeting April 25, 2023 D.2 23-424 Raymond Raya - Damages D.3 23-425 Mercury Insurance - Shan Bass E. SET PUBLIC HEARING E.1 23-402 Request City Council set a Public Hearing for May 9, 2023, to approve the Naming of a Meeting Room in the Frances E. Brooks Conference Center located at the Johnson Community Center “Linda J. Goffney Meeting Room”. F. MISCELLANEOUS F.1 23-213 Request City Council to Approve a Non-financial Memorandum of Understanding between the Department of Public Health, Environmental Health Services and the City of Rialto to Partner on Food Recovery Efforts that Meet the Requirements of Senate Bill 1383, Effective from the Date of Execution through December 31, 2025, and Authorize the Acting City Manager to Execute all Related Documents. F.2 23-376 Request City Council to: (1) Adopt Resolution No. 8064 Amending the 2022-2023 Fiscal Year Budget (2) Accept Officer Wellness and Mental Health Grant from the Board of State and Community Corrections as Part of the Statewide Mental Health Training Initiative in the Amount of $78,633.26 and (3) Authorize the City Manager or Designee to Execute All Documents. F.3 23-380 Request City Council to 1) Adopt Resolution No. 8065 Approving Parcel Map 20241 for the consolidation of four (4) parcels of land (APNs: 0240-211-21, 0240-211-23, 0240-211-29 & 0240-211-31), located at the northeast corner of Renaissance Parkway and Laurel Avenue, into one (1) 6.94 net acres parcel of land; and 2) Authorize the Acting City Manager to Execute all Related Documents. F.4 23-389 Request City Council to: (1) Approve a Second Amendment to the Professional Services Agreement with AECOM Technical Services, Inc., a California Corporation, in the amount of $90,049 for Construction Management, Inspection, and Materials Testing Services for Riverside Avenue from SR-210 to Foothill Boulevard, City Project No. 210807; and (2) Authorize the Acting City Manager to Execute all Related Documents. F.5 23-404 Request City Council Approve an Application for $80,000 in Grant Funding for the implementation of SolarAPP+ Page 5 Printed on 4/21/2023 City Council Regular Meeting April 25, 2023 F.6 23-338 Request City Council to: 1) Award a Construction Contract to Unlimited Environmental Inc., a California Corporation, in the amount of $142,710.28 for J&K Auto Body Demolition, City Project No. 230205; 2) Authorize a Purchase Order in the amount of $83,431.00 with Fountainhead Corporation pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for J&K Auto Body Demolition, City Project No. 230205; and 3) Authorize the City Manager to Execute all Related Documents. TAB PUBLIC HEARING TAB1 23-375 Request City Council Conduct a Public Hearing to consider (1) Specific Plan Amendment No. 2020-0002, a request to amend the Pepper Avenue Specific Plan to allow 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 use 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). POWERPOINT (ACTION) TAB2 23-400 Request City Council to: (1) Conduct Public Hearing and solicit public comments from interested citizens; and (2) Consider and adopt Resolution No. 8066 approving the Fiscal Year 2023-2024 Annual Action Plan (AAP) authorizing the City Manager to submit the AAP to the U.S. Department of Housing and Urban Development (HUD); and (3) Authorize the City Manager to take all actions necessary to implement the programs identified in the AAP. (ACTION) Page 6 Printed on 4/21/2023 City Council Regular Meeting April 25, 2023 TAB3 23-401 Request City Council to: (1) Continue the Public Hearing regarding Substantial Amendment No. 6 Revising Budget Amounts to CDBG-CV Activities within the City’s 2020-2021 Annual Action Plan for May 9, 2023. (ACTION) NEW BUSINESS TAB4 23-399 Request City Council to: (1) Delegate Additional Authority for Change Orders in the Cumulative Amount of $350,000 to Calmex Engineering Inc., a California Corporation for the Street Overlay & Reconstruction Project, City Project No. 180807; and (2) Authorize the City Manager to Execute all Related Documents. (ACTION) TAB5 23-228 Request City Council to: (1) Adopt Resolution No. 8067 to Amend the Current Capital Improvement Program (CIP) to include the Locust Roadway Widening and Rehabilitation Project; (2) Authorize a Purchase Order to Mark Thomas in the Amount of $1,572,563.00, pursuant to their On-Call Professional Services Agreement for Professional Civil Engineering Services; and (3) Authorize the City Manager to Execute all Documents. (ACTION) TAB6 23-337 Request City Council to: 1) Adopt Resolution No. 8068 Accepting the Highway Safety Improvement Program (HSIP) Cycle 11 Grant from the California Department of Transportation (Caltrans) in the amount of $371,880; and 2) Authorize the City Manager to Execute all Related Documents. (ACTION) TAB7 CC-23-396 Request City Council to Accept the Bid from Newland Capital Group, Inc. to Purchase Seven Parcels (0264-211-15, 0264-211-20, 0264-212-17 (ptn), 0264-212-44, 0264-212-45 (ptn), 0264-212-46, and 0264-212-54) on Miro Way and Approve, authorize the Acting City Manager to Execute, a Purchase and Sale Agreement with TE Newland Investments So Cal, LLC, and direct the City Clerk to file a Notice of Exemption with the County Clerk to the Board of Supervisors. (ACTION) Page 7 Printed on 4/21/2023 City Council Regular Meeting April 25, 2023 TAB8 23-414 Request City Council to 1) Approve Amendment No. 3 to the Franchise Agreement with Burrtec Waste Industries, Inc. for the Handling of Solid Waste, Recyclables, and Organic Waste; and 2) Authorize the City Manager to Execute all Related Documents. POWERPOINT (ACTION) TAB9 23-415 Request City Council to Adopt Resolution No. 8069 Declaring the Intention to Set a Public Hearing for June 27, 2023, in Accordance with Proposition 218 Procedures and Consider Adopting the Four Year Municipal Solid Waste Collection, Recycling, Organics and Disposal Rates for Fiscal Years 2023/2024 through 2026/2027. POWERPOINT (ACTION) TAB10 23-394 Request City Council/Rialto Utility Authority Board to (1) Adopt Resolution No. 8070 and 2) Adopt RUA Resolution No. 03-23 Authorizing Final Construction Work Authorization to Rialto Water Services in the amount of $2,355,750 for the Construction of Baseline Road Sewer Trunk Line Project, and (3) Authorize the City Manager to Execute All Related Documents. (ACTION) TAB11 23-416 Request City Council Consider a Letter of Support for Assembly Bill (AB) 1748 (ACTION) TAB12 23-422 Request City Council Introduce for First Reading Ordinance No.1686, Amending Chapters 2.16, 2.18, 2.20, 2.22, 2.24, 2.64 and 4.01, Repealing Chapters 2.25, 2.27, and 2.68 of the Rialto Municipal Code to Consolidate and Reorganize the City’s Commissions. 2) Consider and provisionally appoint two members of the Human Relations Commission, Lino Martinez and Karen Lozano to serve as temporary members of the Mobile Home Rent Review Commission in order to allow that Commission to complete a necessary pending public hearing. (ACTION) Page 8 Printed on 4/21/2023 City Council Regular Meeting April 25, 2023 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 9 Printed on 4/21/2023