City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, September 12, 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 September 12, 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. 1689 Next Resolution No. 8147 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 9/7/2023 City Council Regular Meeting September 12, 2023 5:00 p.m. CLOSED SESSION 1 23-798 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) One (1) matter: (1) In re Rialto Bioenergy Facility Inc. (Debtor-in-Possession) United States Bankruptcy Court, Case No. 23-01467-CL 11 2 23-799 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. · RUA Matter · RUA Matter · Pre-Litigation Demand for Settlement from L. Deborah Robertson Page 3 Printed on 9/7/2023 City Council Regular Meeting September 12, 2023 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Ed Scott INVOCATION - Pastor Joel Booker - Inland Lighthouse Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 23-685 Proclamation - Native American Day 2 23-794 Food Insecurities Grant Update/Mobile Pop up Food Distribution Program - Mike Story 3 23-809 National Tradesmen Day - Council Member Rafael Trujillo 4 23-811 Vernon Bragg Jr. Rialto Toastmasters 44 Year Club Anniversary - Mayor Deborah Robertson 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 23-804 Warrant Resolution No. 6 B.2 23-805 Warrant Resolution No. 7 Page 4 Printed on 9/7/2023 City Council Regular Meeting September 12, 2023 B.3 23-806 Warrant Resolution No. 8 C. APPROVAL OF MINUTES C.1 23-728 Special City Council Minutes - August 17, 2023 C.2 23-776 Regular City Council Minutes - August 22, 2023 D. CLAIMS AGAINST THE CITY D.1 23-791 Amelia Vazquez - Vehicle Damage D.2 23-793 Gurkirpa Property LLC/Surinder Pal Singh Bhavdeep Singh/Gurkirpa Petroleum Inc. D.3 23-813 Matich Corp. Claim E. SET PUBLIC HEARING E.1 23-769 Request City Council to Set Public Hearing for City Council meeting of September 26, 2023, to Solicit Public Comments and to Consider and Approve the City’s 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER). E.2 23-803 Request City Council to Set a Public Hearing for September 26, 2023, to consider Zoning Code Amendment No. 23-001 and Adopt Ordinance No. 1688 amending the Regulating Outdoor Storage Uses. E.3 23-808 Request the City Council to Set a Public Hearing for October 10, 2023 to consider an appeal of the Planning Commission’s decision to approve Conditional Development Permit No. 2022-0002, Precise Plan of Design No. 2022-0001, and an associated Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0009), for the development of an existing industrial site with a 299,780 square foot industrial warehouse building and associated paving, landscaping, fencing, lighting, and drainage improvements on 13.83 gross acres of land (APN: 0130-191-09) located at the northeast corner of Rialto Avenue and Lilac Avenue within the Light Manufacturing (M-1) zone. Page 5 Printed on 9/7/2023 City Council Regular Meeting September 12, 2023 F. MISCELLANEOUS F.1 23-775 Request City Council to Adopt by Second Reading ORDINANCE NO. 1687 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING SECTION 2.04.050 OF CHAPTER 2.04 OF THE RIALTO MUNICIPAL CODE TO REPEAL PARAGRAPH “C” THAT PROVIDED A 120 DAY COOLING-OFF PERIOD REGARDING THE TERMINATION OF A CITY MANAGER. F.2 23-765 Request City Council to: (1) Adopt Resolution No. 8132 Amending the 2023-2024 Fiscal Year Budget; (2) Approve the California Office of Traffic Safety “Ride to Live” Motorcycle Education Grant Agreement in the Amount of $30,000; and (3) Authorize the Interim City Manager or Designee to Execute All Documents. F.3 23-792 Request City Council to adopt Resolution No. 8133 to accept Community Benefit Grant funding in the amount of $18,000 for the Healthy Rialto Nutrition Program 23/24 - Eating Healthier. TAB PUBLIC HEARING TAB1 23-802 Request City Council to: 1. Conduct a Public Hearing on the City’s Fiscal Year 2023-24 Proposed Annual Budget. 2. Approve and Adopt the following Resolutions: a. Resolution No. 8089, RHA Resolution No. 01-23, RUA Resolution No. 05-23 and Rialto Redevelopment Successor Agency Resolution No. SA 01-23 for the City’s Fiscal Year 2023-24 Annual Budget; b. Resolution No. 8090 Adopting the Fiscal Year 2023-24 Appropriations Limit (Gann Limit); c. Resolution No. 8091 Adopting the Fiscal Year 2023-24 Citywide Classification and Compensation Plan; (ACTION) Page 6 Printed on 9/7/2023 City Council Regular Meeting September 12, 2023 TAB2 23-738 Request City Council Conduct a Public Hearing to consider Adoption of (1) Resolution No. 8140 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) Resolution No. 8141 approving Conditional Development Permit No. 2020-0002, a request to allow the development and use of two (2) new industrial warehouse buildings, (3) Resolution No. 8142 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) Resolution No. 8143 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) TAB3 23-777 Request City Council Conduct a Public Hearing to consider Adoption of (1) Resolution No. 8134 approving 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) Resolution No. 8135 approving 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) Resolution No. 8136 approving 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) Resolution No. 8137 approving Conditional Development Permit No. 2022-0039, a request to allow the development and use of a 131,625 square foot industrial warehouse building on the project site, (5) Resolution No. 8138 approving 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) Resolution No. 8139 approving 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. Page 7 Printed on 9/7/2023 City Council Regular Meeting September 12, 2023 TAB NEW BUSINESS TAB4 23-796 Request City Council/Rialto Utility Authority Board to Authorize Staff to Proceed with the Preparation of Phase 2: Water and Wastewater Rate Schedule. (ACTION) TAB5 23-807 Request City Council to Adopt Resolution No. 8144 as the Legislative Body of the City of Rialto Community Facilities District No. 2020-1 (El Rancho Verde), approving the following actions: (1) Authorizing the Issuance of the City of Rialto Community Facilities District No. 2020-1 (El Rancho Verde) Special Tax Bonds, Series 2023; (2) Approving and Authorizing the City Manager to Execute the Fiscal Agent Agreement, Continuing Disclosure Agreement, and Bond Purchase Agreement; (3) Approving the Preliminary Official Statement and Final Official Statement; and (4) Authorizing Other Actions in Connection Therewith. (ACTION) TAB6 23-763 Request City Council to: (1) Adopt Resolution No. 8145 Amending the 2023-2024 Fiscal Year Budget; (2) Approve the California Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement in the Amount of $424,000; and (3) Authorize the Interim City Manager or Designee to Execute All Documents . (ACTION) TAB7 23-814 Request City Council to 1) Discuss and Provide Direction on the Mayor’s Request to Add the Rialto BMX Classic Salute to Service Event to the City’s Special Events List and 2) If approved, adopt Resolution 8146 to allocate $148,518 to support the event. (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 8 Printed on 9/7/2023