Tuesday, December 13, 2022
City of Rialto
City Council
Mayor Deborah Robertson
Mayor Pro Tem Ed Scott
Council Member Rafael Trujillo
Council Member Andy Carrizales
Council Member Karla Perez
Council Member Elect Joe Baca
Barbara A. McGee City Clerk
Edward Carrillo City Treasurer
Eric Vail City Attorney
Marcus Fuller City Manager
Regular Meeting
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
December 13, 2022City Council Regular Meeting
THE PERSISTENT PRESENCE OF COVID -19, PERIODIC SPIKES IN THE INFECTION RATE, AND THE
INTRODUCTION OF NEW COVID VARIANTS REQUIRE THE CITY COUNCIL TO BALANCE THE NEED TO PROTECT PUBLIC HEALTH WITH THE NEED TO CONDUCT THE PEOPLES’ BUSINESS IN AN EFFICIENT AND ORDERLY FASHION. THEREFORE, THE RIALTO CITY COUNCIL HAS ADOPTED RESOLUTION NO. 7885 IN COMPLIANCE WITH THE RALPH M. BROWN ACT TO ALLOW THE COUNCIL TO HOLD MEETINGS AT WHICH MEMBERS OF THE
PUBLIC AND COUNCILMEMBERS MAY ATTEND IN PERSON, OR WHERE THEY HAVE A LEGITIMATE HEALTH CONCERN, TO ATTEND REMOTELY.
HOW TO ATTEND THE MEETING. MEMBERS OF THE PUBLIC MAY ATTEND THE MEETING EITHER IN PERSON OR REMOTELY. OPPORTUNITIES TO ATTEND THE MEETING REMOTELY ARE DESCRIBED BELOW:
(1) Watch live steaming video of the Meeting at https://www.yourrialto.com/183/Rialto-Network (2) Council Meetings are broadcast live on the City ’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99.
(3) Attend the Meeting via ZOOM www.zoom.us/j/89525170072 (4) To listen only Call into the Live Meeting: 1 (253) 215-8782 and enter Meeting ID: 895 2517 0072
IN THE EVENT OF A DISRUPTION TO THE BROADCAST OF THE MEETING, OR A DISRUPTION THAT PREVENTS
MEMBERS OF THE PUBLIC FROM OFFERING PUBLIC COMMENT IN REAL TIME, THE MEETING WILL BE RECESSED UNTIL REMOTE PUBLIC ACCESS IS RESTORED.
HOW TO MAKE A PUBLIC COMMENT.
(1) Appear at the meeting and speak during the public comment period. We request the you complete a Public Speaker Form and submit it to the City Clerk before the meeting. (2) If you are attending remotely, you may submit a public comment in writing to the City Clerk by email at [email protected].
(3) If you are attending remotely by ZOOM (see instructions above) you may provide oral comments in real time via ZOOM when called upon by the City Clerk there is a 5 minute time limit, 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 ATLEAST 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., MONDAYS THROUGH FRIDAYS. 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).
Next Ordinance No.1677 Next Resolution No.8026
December 13, 2022City Council Regular Meeting
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 4:00 p.m. - 6:30 p.m.
Election Reception at Rialto Branch Library, 251 W. 1st St., Rialto 6:30 p.m.
Called to Order By:
ROLL CALL
1 22-1055 Request City Council to Adopt Resolution No. 8013 Declaring the November 8, 2022 General Election Results.
Swear-In of Elected Officials
Re-Elected Council Member Ed Scott
Newly Elected Council Member Joe Baca
December 13, 2022City Council Regular Meeting
PLEDGE OF ALLEGIANCE - Council Member Rafael Trujillo
INVOCATION - Pastor Harry Bratton - Greater Faith Grace Bible Church
PRESENTATIONS AND PROCLAMATIONS
1 22-1044 In Memoriam for Angie Consolo - Mayor Deborah Robertson 2 22-1088 National Family Caregivers Month - Council Member Rafael Trujillo 3 22-1098 Special Presentation by Omnitrans - Council Member Rafael Trujillo 4 22-1103 Presentation by Compassion Homeless Outreach Program - Erlinda Patterson, Chair
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 22-1043 Warrant Resolution No.13A (09/30/2022)
B.2 22-1046 Warrant Resolution No.19 (11/10/2022)
B.3 22-1047 Warrant Resolution No.20 (11/17/2022)
B.4 22-1062 Warrant Resolution No.21 (11/23/22)
B.5 22-1086 Warrant Resolution No.22 (12/01/22)
B.6 22-1087 Warrant Resolution No.22a (12/01/22)
December 13, 2022City Council Regular Meeting
B.7 22-1091 Warrant Resolution No.23 (12/08/2022)
C. APPROVAL OF MINUTES
C.1 22-1063 Special City Council Meeting - November 15, 2022 D. CLAIMS AGAINST THE CITY
D.1 22-1045 Bianca Valenzuela - Personal Injury
D.2 22-1089 Francisco Albert Spagna - Vehicle Damage
D.3 22-1096 Julie Russell - Vehicle Damage
D.4 22-1097 Mercury Ins. (Sean Harrison) - Vehicle Damage D.5 22-1099 Claude Louie Jr. - Vehicle Damage
D.6 22-1100 Shan Yi Bass - Vehicle Damage
D.7 22-1102 Kyle Wong - Damages
E. SET PUBLIC HEARING
E.1 22-1050 Request City Council to 1) Set a Public Hearing for January 10, 2023, to Conduct a Property Owner Protest Ballot Proceeding; 2) Adopt Resolution No. 8014 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 2022/2023; and to 3) Adopt Resolution No. 8015 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 2022/2023.
E.2 22-1068 Request City Council to Set a Public Hearing for January 10, 2023 to Consider an Appeal of the Planning Commission ’s Decision to Approve Conditional Development Permit (CDP) No. 2021-0047 and Precise Plan of Design (PPD) No. 2021-0061, to allow the Development and Operation of a 62,248 square foot industrial warehouse located at the southwest corner of Locust Avenue and Stonehurst Drive (APN:
1133-081-01 & 1133-081-02) within the General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan.
December 13, 2022City Council Regular Meeting
F. MISCELLANEOUS
F.1 22-1027 Request City Council to Receive and File Treasurer’s Monthly Reports for the month end of September 2022.
F.2 22-1081 Request City Council to Adopt Resolution No. 8016 Declaring that Certain 923 Square Feet Parcel Located on the Northerly Side of the Property Located at 1916 N. Riverside Avenue Identified as a Portion of Assessor Parcel Number 0127-023-04 as Surplus Land and Authorizing the City Manager to Execute a Purchase & Sale Agreement with Midland Oil Group, LLC, a California Limited Liability Company.
F.3 22-1056 Request City Council to: ( 1) Approve a Construction and Credit Agreement by and between the City of Rialto and Dedeaux Properties LLC, a California Limited Liability Company, Related to the Construction of a Southbound Right Turn Lane on Riverside Avenue at Slover Avenue; and (2) Authorize the City Manager to Execute All Related Documents.
F.4 22-1051 Request City Council /Rialto Utility Authority Board to: ( 1) Approve the Second Amendment to the Professional Services Agreement with Soto Resources to Provide Additional As -Needed Grant Writing Assistance for the Rialto Utility Authority and Utilities Division in an Additional Amount of $ 100,000, and (2) Authorize the City Manager to Execute All Documents.
F.5 22-1054 Request City Council to Adopt Resolution No. 8017 Approving Parcel Map 20275 for the Subdivision of Land into 2 Single-Family Lots that is Consistent with the R 1-C (Single-Family Residential) Zone and Approving an Associated Subdivision Improvement Agreement.
F.6 22-1092 Request City Council to: ( 1) Receive an Update on and Confirm the Continued Existence of the Local Emergency Throughout the City of Rialto in Response to the COVID -19 Pandemic; (2) Make Findings for Continuing “Hybrid” Public Meetings Pursuant to AB 361; and (3) Provide any Further Direction in Relation thereto
F.7 22-1094 Request City Council to Receive, File, and Make Available to the Public the Development Impact Fee Report for the Fiscal Years Ended June 30, 2022.
F.8 22-1080 Request the City Council to: ( 1) Approve Amendment No. 3 to the Services Agreement with 4LEAF, Inc ., a California corporation, to increase the contract amount by $ 180,000 for a total of $ 1,010,814 for Additional Contract Staff Support Services through June 30, 2023; and (2) Authorize the City Manager to Execute All Documents.
December 13, 2022City Council Regular Meeting
F.9 22-1072 Request City Council to: ( 1) Approve the Charge Ready Infrastructure and Rebate Participation Agreement with Southern California Edison; and (2) Authorize the City Manager to execute the Charge Ready Infrastructure and Rebate Participation Agreement and all related documents on behalf of the City of Rialto.
F.10 22-1018 Request City Council to: ( 1) Consider Terminating Rialto ’s Participation in the Comprehensive Disposal Site Diversion Program (CDSDP); and (2) Authorize the City Manager to execute a CDSDP Termination Letter on behalf of the City of Rialto.
F.11 22-1085 Request City Council to: ( 1) Approve the Purchase of Light Towers from Ahern Rentals, Inc ., a Nevada Corporation, in the Amount of $117,980.86; and (2) Authorize the City Manager to Execute All Necessary Documents.
F.12 22-1101 Request the City Council to (1) Approve the New position and Classification Specifications for the position of Assistant City Manager Reclassifying One Deputy City Manager Position (2) Adopt Resolution No.8018 updating Both the Citywide Classification and Compensation Plan for Full -time and Part -time Employees, and Allocated Positions Plan.
TAB PUBLIC HEARING
TAB1 22-1061 Request City Council Conduct a Public Hearing related to the original Pepper Avenue Specific Plan that was approved in 2017 for Commercial, Open Space, Public Facilities, and Residential Overlay Land Uses and consider Adoption of (1) Resolution No. 8019 approving General Plan Amendment No. 2022-0003, a request to change the general plan land use designation of approximately 101.7 acres of land from existing Residential 6 and Business Park to Specific Plan with a Specific Plan Overlay and (2) Ordinance No. 1676 approving Zone Change No. 2022-0001, entitled “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA,
APPROVING ZONE CHANGE NO. 2022-0001 TO CHANGE THE
ZONING DESIGNATION OF APPROXIMATELY 101.7 ACRES OF
LAND (APNs: 0264-191-02, -04, -13, & -14 and 0264-201-08, -25, -27, -28, -29, -30, & -31) GENERALLY LOCATED EAST OF EUCALYPTUS AVENUE, SOUTH OF THE SR -210 FREEWAY, WEST OF MERIDIAN
AVENUE, AND NORTH OF WALNUT AVENUE FROM A MIX OF
SINGLE-FAMILY RESIDENTIAL (R-1A) AND COMMERCIAL
MANUFACTURING (C-M) TO PEPPER AVENUE SPECIFIC PLAN ”
[Reading by title only and waiving full reading thereof]. (ACTION)
December 13, 2022City Council Regular Meeting
TAB2 22-955 Request City Council to Conduct a Public Hearing, Consider, and Adopt Interim Urgency Ordinance No. 1673 entitled “AN INTERIM URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO,
CALIFORNIA, DESIGNATING TRUCK ROUTES WITHIN THE CITY OF
RIALTO AND ESTABLISHING A MORATORIUM TO PROHIBIT
TRUCK TRAFFIC ON ALL OTHER STREETS WITHIN THE CITY OF
RIALTO EXCEPT AS OTHERWISE PROVIDED BY LAW” Reading by
Title Only and Declaring the Urgency Thereof.
(ACTION)
TAB3 22-1082 Request City Council to Conduct a Public Hearing, Consider, and Adopt Interim Urgency Ordinance No. 1674 entitled “AN INTERIM URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO,
CALIFORNIA, PROHIBITING THE ESTABLISHMENT AND/OR
EXPANSION OF OUTDOOR STORAGE USES FOR TRAILERS
AND/OR TRUCK YARD USES IN THE CITY OF RIALTO EXCEPT AS
OTHERWISE PROVIDED BY LAW” Reading by Title Only and
Declaring the Urgency Thereof. (ACTION) 4/5th Vote Required TAB4 22-1060 Request City Council to (1) Conduct the Public Hearing and Adopt on Second Reading Ordinance No. 1672 AMENDING CHAPTER 15.08
OF THE RIALTO MUNICIPAL CODE TO ADOPT BY REFERENCE
THE 2022 EDITION OF THE CALIFORNIA BUILDING CODES OF THE CALIFORNIA CODE OF REGULATIONS TO INCLUDE: 2022
CALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL
CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA
MECHANICAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022
CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022
CALIFORNIA ENERGY CODE, 2022 CALIFORNIA HISTORICAL
BUILDING CODE, 2022 CALIFORNIA EXISTING BUILDING CODE,
2022 CALIFORNIA REFERENCED STANDARDS CODE, AND 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE WITH
APPENDICES AND AMENDMENTS; and (2) Adopt Resolution No . 8020 Setting Forth Findings with Respect to Local Climatic and Geographic Conditions to Allow Certain Modifications and Changes to the California Building Code, California Residential Code, and California Electrical Code as amended by the State of California.
(ACTION)
TAB5 22-1049 Request City Council to: ( 1) Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Second Quarter of 2022; and (2) Adopt Resolution No. 8026 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor -Recorder-County Clerk.
(ACTION)
December 13, 2022City Council Regular Meeting
TAB NEW BUSINESS
TAB6 22-1057 Request City Council /Rialto Utility Authority Board 1) Adopt City Resolution No. 8021 ending the moratorium on water disconnections and late penalties for water and wastewater accounts that are in arrears in accordance with the provisions set forth in the Water Shutoff Protection Act (Senate Bill 998) and City Council Resolution 7591 effective January 1, 2023; and 2) Adopt RUA Resolution No. 13-22 ending the moratorium on water disconnections and late penalties for water and wastewater accounts that are in arrears in accordance with the provisions set forth in the Water Shutoff Protection Act (Senate Bill 998) and City Council Resolution 7591 effective January 1, 2023. (ACTION)
TAB7 22-1064 Request City Council /Rialto Utility Authority Board to (1) Approve an Agreement with Veolia Water West Operating Services, Inc. for Operation and Maintenance of the Combined Remedy Project and Chino Well 2 Groundwater Treatment Systems in the amount of $929,495.15, (2) Approve the Third Amendment to the Four -Party Implementation Agreement Regarding Cost of Operating and Maintaining the Combined Remedies and (3) Authorize the City Manager to Execute All Related Documents.
(ACTION)
TAB8 22-1052 Request City Council /Rialto Utility Authority Board to: ( 1) Adopt Resolution No. 8022 to Amend the Utility Services Water and Wastewater Budget in Fund 680, (2) Adopt RUA Resolution No. 14-22 to Amend the Utility Services Water and Wastewater Budget in Fund 680, (3) Approve Proposal to Provide Year 2023 As Needed Consulting Support, Lake Rialto Supplemental Survey, and Supplemental Effluent Monetization Negotiations Services in an Additional Amount of $732,030, and (4) Authorize the City Manager to Execute All Related Documents.
(ACTION)
TAB9 22-1059 Request City Council /Rialto Utility Authority Board to (1) Approve the Final Construction Work Authorization to Rialto Water Services in the amount of $ 684,304.89 for the Emergency Repair of City Well 4A and the Rehabilitation of Chino Well 2 and (2) Authorize the City Manager to Execute All Related Documents.
(ACTION)
December 13, 2022City Council Regular Meeting
TAB10 22-1058 Request City Council to: ( 1) Award Professional Services Agreement to Dudek to prepare an updated Land Use Element, Circulation Element, Safety Element, and new Environmental Justice Element to the City of Rialto General Plan in an Amount Not -to-Exceed $ 403,132 and (2) Authorize the City Manager to Execute all Related Documents. (ACTION)
TAB11 22-1079 Request City Council to Introduce Ordinance No. 1675, Amending Section 5.04.220 and Section 5.74.050 of Title 5 of the Rialto Municipal Code Relating to Business Licenses and Regulations.
(ACTION)
TAB12 22-1077 Request City Council to Adopt Resolution No. 8023 Amending the Fiscal Year 2022-2023 Budget to Increase Budgeted Revenues in the Amount of $ 9,500,000 for Real Property Sales and Authorize a Transfer of $ 3,600,000 to the Water Fund 670 and an Appropriation of $3,600,000 for the Eucalyptus Avenue Water Line Replacement Project. (ACTION)
TAB13 22-1107 Request City Council to: ( 1) Receive a Presentation Providing an Overview of the Preliminary General Fund Ending Fiscal Year 221-22; (2) Adopt Resolution No. 8024 Amending the Fiscal Year 2022-23 Budget; and (3) Provide Direction to Staff as Appropriate. (ACTION)
TAB14 22-1104 Request City Council to Adopt Resolution No. 8025 Amending the City ’s Investment Policy.
(ACTION)
REPORTS
MAYOR:
COUNCIL MEMBERS:
CITY ATTORNEY:
CITY MANAGER:
ADJOURNMENT