Tuesday, January 24, 2023
City of Rialto
Council Chambers
150 S. Palm Ave.
Rialto, CA 92376
City Council
Mayor Deborah Robertson
Mayor Pro Tem Ed Scott
Council Member Rafael Trujillo
Council Member Andy Carrizales
Council Member Joe Baca
Barbara A. McGee City Clerk
Edward Carrillo City Treasurer
Eric Vail City Attorney
Arron Brown, Acting City Manager
Regular Meeting
CLOSED SESSION TIME: 5:00 p.m.
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
January 24, 2023City 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. YOU MUST SIGN UP BY 6:30PM THE NIGHT OF THE MEETING, SEND EMAIL: [email protected].
(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).
January 24, 2023City Council Regular Meeting
Next Ordinance No. 1679 Next Resolution No. 8043
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
January 24, 2023City Council Regular Meeting
5:00 p.m.
CLOSED SESSION
1 23-092 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of maters: Three (3) matters.
2 23-093 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Decision whether to Initiate Litigation Pursuant to Government Code section 54956.9(d)(4)
Number of maters: One (1) matter.
3 23-094 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Ayala Drive/Miro Way; APNs 0264-211-15, 0264-212-12, -17, -30, -44, -45, -46, and -54
City/Agency Negotiator: Acting City Manager Arron Brown; City Attorney Eric Vail
Negotiating Parties: City of Rialto/Successor Agency; unspecified potential buyers
Under Negotiation: Price and Terms Sale
4 23-095 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 136 S. Riverside Drive
City Negotiator: Acting City Manager Arron Brown; City Attorney Eric Vail Negotiating Parties: City of Rialto; unspecified potential buyers Under Negotiation: Price and Terms Sale
5 23-096 PUBLIC EMPLOYEE EVALUATION
Pursuant to Government Code section 54957(b)
Position: Acting City Manager
6 23-097 PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager / Interim City Manager and/or City Manager
January 24, 2023City Council Regular Meeting
6:30 p.m.
Called to Order By:
ROLL CALL
PLEDGE OF ALLEGIANCE - Council Member Rafael Trujillo
INVOCATION - Pastor Javier Reyes - Calvary Chapel Rialto City Attorney’s Report on Closed Session
PRESENTATIONS AND PROCLAMATIONS
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 23-064 Warrant Resolution No.26 (01/12/2023)
B.2 23-065 Warrant Resolution No.27 (01/19/2023)
C. APPROVAL OF MINUTES
C.1 23-059 Regular City Council Meeting - January 10, 2023 D. CLAIMS AGAINST THE CITY
D.1 23-060 Alize Mariah Valdez - Vehicle Damage
January 24, 2023City Council Regular Meeting
D.2 23-061 Jonathan Basurto - Personal Injury
D.3 23-062 Tesla Insurance (Zi Huang) - Vehicle Damage
D.4 23-063 Patrick L. Sampson Jr. - Vehicle Damage
D.5 23-083 Mercury Insurance (Gerardo Hernandez) - Vehicle Damage D.6 23-084 Karen Rivera - Vehicle Damage
D.7 23-085 Matilde Jonathan Jimenez - Vehicle Damage
D.8 23-098 Ignacio Penaloza, Janeth Penaloza, Cruz Mayoral - Personal Injury D.9 23-104 Nyeka Loyd - Vehicle Damage
E. SET PUBLIC HEARING
E.1 22-946 Request City Council Set a Public Hearing for February 14, 2023, to Consider and Re -Adopt a Resolution Approving the City of Rialto 2021-2029 (Sixth Cycle) General Plan Housing Element Update (General Plan Amendment No. 2021-0002).
E.2 23-050 Request City Council Set a Public Hearing for February 14, 2023, to Consider and Adopt the 2021-2029 (Sixth Cycle) General Plan Housing Element Rezone Program
E.3 23-074 Request City Council to Set a Public Hearing for February 28, 2023, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 3rd Quarter of the 2022 Calendar Year.
F. MISCELLANEOUS
F.1 23-051 Request City Council to Adopt by Second Reading ORDINANCE NO . 1675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA AMENDING SECTIONS 2.52.020, 2.52.030, AND
2.52.050 OF THE RIALTO MUNICIPAL CODE REGARDING THE RIALTO
CEMETERY
F.2 23-053 Request City Council to 1) Adopt Resolution No. 8034 Amending the 2022-2023 Fiscal Year Budget; (2) Accept 2022 Justice Assistance Grant (JAG) in the Amount of $ 39,776; (3) Approve the Inter -local Agreement with the County of San Bernardino; and (4) Authorize the City Manager to Execute all Documents.
January 24, 2023City Council Regular Meeting
F.3 23-081 Request City Council to Adopt Resolution No. 8037 Authorizing the Destruction of Certain Municipal Records of the Finance Department.
F.4 23-076 Request City Council to approve the costs associated with a fuel spill cleanup and issue a purchase order to Environmental Logistics, Inc. for outstanding invoices in the amount of $ 210,211.67 for environmental cleanup services.
F.5 23-080 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
TAB PUBLIC HEARING
TAB1 23-069 Request the City Council to Conduct a Public Hearing for the Appeal of the Planning Commission ’s Decision on November 9, 2022, Approving Conditional Development Permit (CDP) No. 2021-0047 and Precise Plan of Design (PPD) No. 2021-0061 for the development of a 62,248 square foot industrial warehouse building on 2.84 acres of land (APN:
1133-081-01 & 1133-081-02) located on the southwest corner of Locust Avenue and Stonehurst Drive within General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan and to consider Resolution No . 8038 denying appellant’s appeal.
POWERPOINT
(ACTION)
TAB2 23-077 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. 8039 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 2022/2023; and (3) Request City Council to Adopt Resolution No. 8040 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 2022/2023 for said Annexation.
POWERPOINT
(ACTION)
January 24, 2023City Council Regular Meeting
TAB3 23-072 Request City Council to Conduct a Public Hearing to Extend Interim Urgency Ordinance No. 1674 from December 13, 2022, to
December 9, 2024 by adopting Interim Ordinance No. 1678 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 23-068 Request City Council to Conduct a Public Hearing, Consider, and Adopt an Interim Urgency Ordinance No. 1677 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.
POWERPOINT
(ACTION)
TAB NEW BUSINESS
TAB5 23-099 Request City Council to consider a Procedure of selecting a Mayor Pro Tem.
(ACTION)
TAB6 23-025 Request City Council to Concur with the Appointment of a Mayor Pro Tem. (ACTION)
TAB7 23-103 Request City Council to consider a procedure for selection of members of City Council to a Committee Assignment.
(ACTION)
TAB8 23-091 Request City Council to Select and Confirm the Mayor ’s Appointments of Council Members to Internal and External Committees.
(ACTION)
January 24, 2023City Council Regular Meeting
TAB9 23-011 Request City Council to: ( 1) Delegate Additional Authority for Change Orders in the Cumulative Amount of $ 850,000 to Calmex Engineering Inc ., a California Corporation for the Street Overlay & Reconstruction Project, City Project No. 180807; (2) Appropriate an additional $ 550,000 for additional Rialto Police Patrol; (3) Approve the Second Amendment to the Professional Services Agreement with Southstar Engineering and Consulting, Inc. in the amount of $ 297,860 for Construction Management Services; (4) Adopt Resolution No. 8041 Amending the 2022-2023 Fiscal Budget Appropriating an additional $ 500,000 to the Project Budget; and (5) Authorize the City Manager to Execute all Related Documents. (ACTION)
TAB10 23-067 Request City Council to: ( 1) Adopt Resolution No. 8042 Amending the 2022-2023 Fiscal Budget and Appropriating $ 3.2 Million from the RSP /EIR Fair Share Agreement Fund 301 for the “SR-210/Alder Avenue Interchange Improvement Project, City Project No. 200808”; (2) Award a Construction Contract to Ortiz Enterprises, Inc. in the Amount of $5,767,076.25; and (3) Authorize the City Manager to Execute all Documents.
(ACTION)
TAB11 23-090 Request City Council to (1) Authorize a Contract in the Amount of $217,870.28 for an Enterprise Backup Solution to Nth Generation Computing, Inc ., a California Corporation, for a Rubrik Backup appliance and Data Archive Cloud Services, (2) Authorize the City Manager or Designee to Execute All Documents.
(ACTION)
REPORTS
MAYOR:
COUNCIL MEMBERS:
CITY ATTORNEY:
CITY MANAGER:
ADJOURNMENT