City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, August 22, 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 Henry Garcia, Interim City Manager City Council Regular Meeting August 22, 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.1688 Next Resolution No. 8133 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 8/17/2023 City Council Regular Meeting August 22, 2023 5:00 p.m. CLOSED SESSION 1 23-761 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of matters: Five (5) matters. · Kevin Ball -- Workers Compensation Settlement · James Bender -- Workers Compensation Settlement · Cory Cisneros -- Workers Compensation Settlement · David Jarvis -- Workers Compensation Settlement · Ronald Russo - Industrial Disability Retirement 2 23-762 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code section 54957.6 Labor Negotiator: Assistant City Manager, Arron Brown, Director of Human Resources & Risk Management Shama Curian Employee Organizations: · Executive Management Team · Management Unrepresented Employees · Rialto City Employee’s Association (RCEA) · Teamsters Mid-Management & Confidential Employee’s Union (TMMU) · Rialto Fire Management Association (RFMA) · Rialto Police Benefit Association - Management · Rialto Police Benefit Association - General · Rialto Professional Firefighters of California - Local 3688 · Unrepresented Employees Page 3 Printed on 8/17/2023 City Council Regular Meeting August 22, 2023 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Pro Tem Carrizales INVOCATION - Pastor Harry Bratton - Greater Faith Grace Bible Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 23-768 Recognition of UPS Workers - 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 23-747 Warrant Resolution No. 1 B.2 23-748 Warrant Resolution No. 2 B.3 23-749 Warrant Resolution No. 3 B.4 23-750 Warrant Resolution No. 4 B.5 23-752 Warrant Resolution No. 5 Page 4 Printed on 8/17/2023 City Council Regular Meeting August 22, 2023 C. APPROVAL OF MINUTES C.1 23-726 Regular City Council Minutes - August 8, 2023 D. CLAIMS AGAINST THE CITY D.1 23-746 Keith Phillips - Property Damage D.2 23-739 Lorena Dewit, Jacob J. De Wit, John Jacob De Wit - Wrongful Death D.3 23-730 Adrian Lee Jones - Vehicle Damage D.4 23-729 Richard Golings - Vehicle Damage E. SET PUBLIC HEARING E.1 23-720 Request City Council to Set a Public Hearing for September 12, 2023 to consider (1) General Plan Amendment No. 2022-0002, a request to change the general plan land use designation of approximately 5.97 acres of land from General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay, (2) Specific Plan Amendment No. 2022-0003, a request to change the specific plan zoning designation of approximately 5.97 acres of land from Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the Gateway Specific Plan, (3) Tentative Parcel Map No. 2022-0005 (TPM 20622), a request to consolidate ten parcels (10) of land into one (1) 5.97 net acre parcel of land, (4) Conditional Development Permit No. 2022-0039, a request to allow the development and use of a 131,625 square foot industrial warehouse building on approximately 5.97 acres of land, (5) Precise Plan of Design No. 2022-0065, a request for site and architectural review of a 131,625 square foot industrial warehouse building on approximately 5.97 acres of land, and (6) a Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0067) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). The project site is located at the southeast corner of Valley Boulevard and Willow Avenue. E.2 23-767 Request City Council to Set a Public Hearing for September 12, 2023, to Approve and Adopt the Budget Plan for Fiscal Year 2023-24. Page 5 Printed on 8/17/2023 City Council Regular Meeting August 22, 2023 F. MISCELLANEOUS F.1 23-706 Request City Council to Authorize the Release of Bids for the Construction of the Rialto Fire Station 203 Dormitory Improvements Project, City Project No. 220204. F.2 23-719 Request City Council to: 1) Adopt Resolution No. 8129 Approving the Public Improvement Agreement for Public Improvements Along Cedar Avenue and Durst Drive Related to the Precise Plan of Design (PPD) 2021-0036 Located at the Northwest Corner of Cedar Avenue and Durst Drive; and 2) Authorize the Interim City Manager to Execute all Related Documents. TAB PUBLIC HEARING TAB1 23-721 Request City Council to: (1) Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the 1st Quarter of 2023; and (2) Adopt Resolution No. 8130 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk. (ACTION) TAB2 23-766 Request City Council to Continue a Public Hearing regarding Adoption of (1) a Resolution approving Tentative Parcel Map No. 2020-0001 (TPM 20195), a request to subdivide a 31.61 gross acre parcel of land into two (2) new parcels of land, (2) a Resolution approving Conditional Development Permit No. 2020-0002, a request to allow the development and use of two (2) new industrial warehouse buildings, (3) a Resolution approving Precise Plan of Design No. 2020-0012, a request for site and architectural review of a proposal consisting of one (1) 430,581 square foot industrial warehouse building and one (1) 249,026 square foot industrial warehouse building on 31.61 gross acres of land, and (4) a Resolution approving an Environmental Impact Report (Environmental Assessment Review No. 2020-0003) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). The project site is located on the north side of Baseline Road approximately 350 feet east of Fitzgerald Avenue. (ACTION) Page 6 Printed on 8/17/2023 City Council Regular Meeting August 22, 2023 TAB NEW BUSINESS TAB3 23-737 Request that the City Council/Rialto Utility Authority Authorize Staff to proceed with the Preparation of Phase 2: Water and Wastewater Rate Study (ACTION) TAB4 23-741 Request that the City Council Introduce for First Reading Ordinance No. 1687, Amending Section 2.04.050 of Chapter 2.04 of the Rialto Municipal Code to delete paragraph C related restricting the authority of the City Council to remove a City Manager not-for-cause. (ACTION) TAB5 23-712 Request City Council to (1) Approve the Renewal of the Small Municipal and County Government Enterprise Agreement (SGEA) for a three-year agreement in the amount of $170,100.00 with ESRI, Inc; and (2) Authorize the Interim City Manager or his Designee to Execute all Documents. (ACTION) TAB6 23-723 Request City Council to: 1) Adopt Resolution No. 8131 Accepting the 2023 Active Transportation Program Cycle 6 Grant in the amount of $7,037,000 for the Pacific Electric Trail Extension, Project No. 240801; and 2) Authorize the Interim City Manager to Execute all Related Documents. (ACTION) TAB7 23-705 Request City Council to Authorize a Purchase Order in the Amount of $182,600 to BOA Architecture pursuant to their On-Call Agreement for Professional Architectural Services for Design of the Birdsall Park Improvement Project, City Project No. 210304. (ACTION) TAB8 23-724 Request City Council to Approve the Reconciliation of Public Improvement Costs Associated with the Construction Fee Credit and Reimbursement Agreement Related to Century Communities of California, LLC., a Delaware Limited Liability Company. (ACTION) Page 7 Printed on 8/17/2023 City Council Regular Meeting August 22, 2023 TAB9 23-717 Request City Council to: (1) Adopt Budget Resolution No. 8132 Amending the Continued 2022/2023 Fiscal Budget and Appropriating $196,200 from the Gas Tax Fund; (2) Award a Construction Contract to Superior Pavement Markings Inc. in the Amount of $319,123 for the Construction of the Class II Bike Lanes on Merrill Avenue and Riverside Avenue, Federal Project No. HSIP 5205-024, City Project No.170813, and (3) Authorize the Interim City Manager to Execute all Related Documents. (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 8 Printed on 8/17/2023