City Council

City of Rialto Council Chambers 150 S. Palm Ave. Rialto, CA 92376 Regular Meeting Tuesday, September 26, 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 26, 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. 8155 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 9/21/2023 City Council Regular Meeting September 26, 2023 5:00 p.m. CLOSED SESSION 1 23-863 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of matters: One (1) matter (1) CDBG / HUD 2 23-862 Pursuant to Government Code section 54957.6 Labor Negotiator: Assistant City Manager Arron Brown, HR Director Shama Curian, City Attorney’s Office 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 Page 3 Printed on 9/21/2023 City Council Regular Meeting September 26, 2023 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Joe Baca INVOCATION - Pastor Victor Lopez - Calvary Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 23-849 In Memoriam for Mary Marie Osborne - Mayor Robertson 2 23-848 In Memoriam for Richard “Dick” Elliott - Council Member Ed Scott 3 23-859 In Memoriam for Benjamin Sucilla Batrez Mayor Robertson 4 23-864 Alees Carrizales - Carter High School Class President 5 23-852 Presentation - Costume Contest Winner, Rialto Pet-a-Palooza--Cessi Barrales and Bubba - Council Member Rafael 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 23-842 Warrant Resolution No. 9 B.2 23-843 Warrant Resolution No. 10 Page 4 Printed on 9/21/2023 City Council Regular Meeting September 26, 2023 C. APPROVAL OF MINUTES C.1 23-844 Regular City Council Minutes - September 12, 2023 D. CLAIMS AGAINST THE CITY D.1 23-846 Kevin McConico - Damages D.2 23-851 William Felts - Property Damage E. SET PUBLIC HEARING E.1 23-839 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. E.2 23-818 Request City Council to 1) Set a Public Hearing for October 24, 2023, to Conduct a Property Owner Protest Ballot Proceeding; 2) Adopt Resolution No. ----8148 Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2023/2024; and to 3) Adopt Resolution No. 8149 Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and Conduct a Property Owner Protest Ballot Proceeding on the Matter of the New Assessments Related Thereto Commencing with Fiscal Year 2023/2024. F. MISCELLANEOUS F.1 23-825 Request City Council to 1) Adopt Resolution No. 8150 Amending the 2023-2024 Fiscal Year Budget; (2) Accept the 2023 Justice Assistance Grant (JAG) in the Amount of $42,841; (3) Approve the Inter-local Agreement with the County of San Bernardino; and (4) Authorize the City Manager or his Designee to Execute all Documents Associated With This Grant. Page 5 Printed on 9/21/2023 City Council Regular Meeting September 26, 2023 F.2 23-817 Request City Council/Rialto Utility Authority Board Authorize staff to apply for the California Resilience Challenge Planning Projects Grant Program. F.3 23-835 Request City Council to 1) Adopt Resolution No. 8151 Approving Parcel Map 20224 for the Subdivision of One (1) Parcel of Land (APN 0239-112-23), Located at the Southwest Corner of Riverside Avenue and Amberwood Drive, into Four (4) Single-family Residential Parcels; and 2) Authorize the City Manager to Execute all Related Documents. F.4 23-836 Request City Council to: 1) Adopt Resolution No. 8152 Approving the Public Improvement Agreement for Public Improvements along West Renaissance Parkway and North Locust Avenue Related to the Precise Plan of Design (PPD) 2021-0063 Located at the Northwest Corner of West Renaissance Parkway and North Locust Avenue; and 2) Authorize the City Manager to Execute all Related Documents. TAB PUBLIC HEARING TAB1 23-838 Request City Council to: (1) Conduct a public hearing and solicit public comments from interested citizens; and (2) Adopt a Resolution No. 8153 approving the Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER); (3) Authorize the Interim City Manager to sign all necessary documents to submit the Fiscal Year 2022-2023 CAPER to the U.S. Department of Housing and Urban Development (HUD). (ACTION) TAB2 23-837 Request City Council to conduct a public hearing to consider Zoning Code Amendment No. 23-001 and Adopt Ordinance No. 1688 amending the Rialto Municipal Code, Chapter 18.104 Outdoor Storage Uses. (ACTION) TAB NEW BUSINESS TAB3 23-829 Request City Council to approve a purchase order to Life-Assist for medical supplies and equipment in the amount of $125,000.00; Authorize the use of a cooperative Master Purchasing Agreement via National Purchasing Partners (NPP and NPPGov). (ACTION) Page 6 Printed on 9/21/2023 City Council Regular Meeting September 26, 2023 TAB4 23-727 Request City Council to: (1) Award a Construction Contract to Gentry General Engineering, Inc. in the Amount of $516,215 for the Construction of the Terra Vista Drive Neighborhood Safe Routes to School Infrastructure Implementation ATPSB1L-5205(029), City Project No. 200813; and (2) Authorize the Interim City Manager to Execute all Related Documents. (ACTION) TAB5 23-815 Request City Council/Rialto Utility Authority Board to: (1) Adopt Resolution No. 8154 to Amend the Utility Services Water and Wastewater Budget in Fund 680, (2) Adopt RUA Resolution No. 07-23 to Amend the Utility Services Water and Wastewater Budget in Fund 680, (3) Approve the Third Amendment to Professional Services Agreement with Dopudja & Wells Consulting, Inc., a California Corporation, for Additional Services for the As-Needed Support Activities, Water Supply Assessment (WSA), and Rialto Habitat Nature Center (RHNC), and Second Amendment to the Professional Services Agreement for IEUA Effluent Agreement, Totaling an Additional Amount of $974,881; and (4) Authorize the Interim City Manager to Execute all Related Documents. (ACTION) TAB6 23-816 Request City Council/Rialto Utility Authority Board to: (1) Approve the First Amendment to Professional Services Agreement with Enplanners, Inc. for Additional CEQA Services for the WIFIA Application and the Rialto Habitat Nature Center in the Amount of $119,586, and (2) Authorize the Interim City Manager to Execute all Related Documents. (ACTION) REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 7 Printed on 9/21/2023