City Council

City of Rialto Council Chambers 150 S. Palm Ave Rialto, CA 92376 Regular Meeting Tuesday, May 14, 2024 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 Tanya Williams Acting City Manager City Council Regular Meeting May 14, 2024 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 THURSDAY. 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. 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 Next Ordinance No. 1695 Next Resolution No. 8217 City of Rialto Page 2 Printed on 5/9/2024 City Council Regular Meeting May 14, 2024 CLOSED SESSION 1 24-1417 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1)` Number of Matters: One (1) • In re Rialto Bioenergy Facility, LLC US CASB Case No. 23-01467-CL11 2 24-1418 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of Matters: Two (2) • Workers Compensation Disability / Retirement cases • Demand Letter - Martin 3 24-1275 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code section 54957.6 Labor Negotiator: Acting City Manager Tanya Williams, Human Resources Director Shama Curian; City Attorney Eric Vail. 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 4 24-1187 PUBLIC EMPLOYEE PERFORMANCE APPOINTMENT Pursuant to Government Code section 54957(b) One (1) position: Title: Interim City Manager City of Rialto Page 3 Printed on 5/9/2024 City Council Regular Meeting May 14, 2024 5:00 p.m. Called to Order By: ROLL CALL OPEN SESSION 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 24-1279 Presentation - In Memoriam of Victor Orihu - Mayor Robertson 2 24-1405 Proclamation - National Public Works Week - Mayor Robertson 3 24-1415 Presentation - In Memoriam of Jame Thomas Hallum - Council Member Scott 4 24-1404 Presentation - Rialto on Wheels Event - Scott McAfee, Don’s Bicycles 5 24-1386 Presentation - Update on Police Station - Chief Mark Kling 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. City of Rialto Page 4 Printed on 5/9/2024 City Council Regular Meeting May 14, 2024 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 24-1407 Warrant Resolution No. 40 B.2 24-1408 Warrant Resolution No. 41 B.3 24-1409 Warrant Resolution No. 42 C. APPROVAL OF MINUTES C.1 24-1403 Regular City Council Minutes - April 23, 2024 D. CLAIMS AGAINST THE CITY D.1 24-1421 Brigette Navarro - Damages D.2 24-1422 Genia Windham - Vehicle Damage D.3 24-1423 Isabel C. West - Vehicle Damage D.4 24-1424 Steel-Tech Industrial Corp - Damages D.5 24-1426 Thomas L. Burns - Damages D.6 24-1425 Thomas L. Burns 2 - Damages City of Rialto Page 5 Printed on 5/9/2024 City Council Regular Meeting May 14, 2024 E. SET PUBLIC HEARING E.1 24-1399 Request City Council to Set a Public Hearing for May 28th, 2024, to consider Master Case No. 2023-036, Specific Plan Amendment No. 2024-001, a request for a specific plan amendment from Residential-Mixed Use (R-MU) to Commercial Pedestrian within the Foothill Boulevard Specific Plan, Conditional Development Permit No. 2023-0021, Precise Plan of Design No. 2023-0027, and Environmental Assessment Review No. 2023-0035: a request for the use of and to develop a 3,596 square foot Car Wash, drive-thru lane, and vacuum station aisle on 1.20 acres. The property is located at the northeast corner of Foothill Boulevard and Linden Avenue (APN:0128-011-32) in the Foothill Boulevard Specific Plan. F. MISCELLANEOUS F.1 24-1390 Request City Council to Authorize the Release of Bids for Fire Station 204 Generator Installation, City Project No. 240202. F.2 24-1350 Request the City Council Introduce for Second Reading Ordinance No. 1693, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 18.75 (FLOODPLAIN MANAGEMENT ORDINANCE) OF THE RIALTO MUNICIPAL CODE FOR COMPLIANCE WITH 44 CODE OF FEDERAL REGULATIONS PART 60.3(D) OF THE NATIONAL FLOOD INSURANCE PROGRAM”, reading by title only and waiving full reading thereof. F.3 24-1419 Request City Council to Adopt Resolution No. 8209, Amending the Salary for the Utilities Manager Classification. City of Rialto Page 6 Printed on 5/9/2024 City Council Regular Meeting May 14, 2024 TAB PUBLIC HEARING TAB1 24-1385 Request City Council to: 1) Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2; 2) Request City Council to Adopt Resolution No. 8210 Declaring the Results of the Property Owner Protest Ballot Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, Commencing in Fiscal Year 2024/2025; and 3) Request City Council to Adopt Resolution No. 8211 Confirming the Engineer’s Report Regarding the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, the Levy of Annual Assessments Described Therein, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments Commencing in Fiscal Year 2024/2025 for said Annexation. POWERPOINT (ACTION) TAB2 24-1280 Request City Council to Conduct a Public Hearing to consider Adoption of Resolution No. 8201 an Ordering the Abatement of Weeds on Various Properties Within the City Limits, and to Hear any Objections to Imposing the Abatement Cost Therefore as a Lien Against Parcels of Property Set Forth in Exhibit A. (ACTION) City of Rialto Page 7 Printed on 5/9/2024 City Council Regular Meeting May 14, 2024 TAB3 24-1395 Request City Council to Conduct a Public Hearing to consider Adoption of 1) Resolution No. 8212 approving General Plan Amendment No. 2019-0006, a request to change the general plan land use designation of approximately 1.55 acres of land (APN: 0132-021-18) located at the southeast corner of Randall Avenue and Lilac Avenue (“Site”) from Residential 2 with an Animal Overlay to Community Commercial (CC), 2) Ordinance No. 1694 approving Zone Change No. 2019-0004, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2019-0004 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 1.55 ACRES OF LAND (APN: 0132-021-18) LOCATED AT THE SOUTHEAST CORNER OF RANDALL AVENUE AND LILAC AVENUE FROM AGRICULTURAL (A-1) TO NEIGHBORHOOD COMMERCIAL (C-1)” [Reading by title only and waiving full reading thereof] 3) Resolution No. 8213 approving Precise Plan of Design No. 2022-0019, a request to allow the development of one (1) 8,840 square foot multi-tenant commercial building and one (1) 9,966 square foot multi-tenant commercial building on the Site, and 4) Resolution No. 8214 adopting a Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0020) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). (ACTION) TAB NEW BUSINESS TAB4 24-1398 Request City Council to Adopt Resolution No. 8215, A Resolution of the City Council of the City of Rialto Appointing Mike Milhiser as Interim City Manager and Approve the Corresponding Employment Agreement. (ACTION) TAB5 24-1420 Request City Council to Receive an Update from Arc Strategies on the 2023-2024 State Legislative Session. (ACTION) TAB6 24-1397 Request the City Council and Rialto Utility Authority Board to : 1) Adopt Resolution No. 8216 to Amend the Utility Services Water and Wastewater Budget in Fund 680; 2) Adopt RUA Resolution No. 08-33 to Amend the Utility Services Water and Wastewater Budget in Fund 680; 3) Approve the Fourth Amendment to Professional Services Agreement with Dopudja & Wells Consulting, Inc., a California Corporation, for As-Needed Support Activities for an Amount Not to Exceed $325,750; 4) Appropriate $162,875 from the Unallocated Wastewater Reserve Fund Account No. 5660-0000-30000; and 4) Authorize the Acting City Manager/Executive Director to Execute all Related Documents. (ACTION) City of Rialto Page 8 Printed on 5/9/2024 City Council Regular Meeting May 14, 2024 TAB7 24-1391 Request City Council to 1) Award a Construction Contract to Genesis Builders, Inc. in the Amount of $1,336,498.61 for Building 400 Improvements, City Project No. CB2202; 2) Authorize a Contract Change Order Request in the amount of $150,298 with Fountainhead Corporation pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for Building 400 Improvements, City Project No. CB2202; and 3) Authorize the City Manager or their Designee to Execute all Related Documents. (ACTION) TAB8 24-1416 Request City Council to 1) Accept the Written Recommendation of the Chief of Police 2) Award a Franchise Agreement for Official Police Towing Services to Pepe’s Towing Service, a California Corporation, for an Initial Term of 25 Months Commencing June 1, 2024, through June 30, 2026, with two Optional Annual Extensions Through June 30, 2028; and 3) Authorize the Acting City Manager, or Designee to Execute all Documents. (ACTION) City of Rialto Page 9 Printed on 5/9/2024 City Council Regular Meeting May 14, 2024 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT City of Rialto Page 10 Printed on 5/9/2024