REGULAR MEETING
of the
CITY OF RIALTO
CITY COUNCIL
City of Rialto, acting as Successor Agency to the
Redevelopment Agency
MINUTES
Tuesday, January 24, 2023
A regular meeting of the City Council of the City of Rialto was held in the City Council Chambers located at 150 South Palm Avenue, Rialto, California 92376 on Tuesday, January 24, 2023.
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This meeting was called by the presiding officer of the Rialto City Council in accordance with the provisions of Government Code §54956 of the State of California.
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CALL TO ORDER Mayor Robertson called the meeting to order at 5:00 p.m. 0o0
The roll was called, and the following were present: Mayor Deborah Robertson, Mayor Pro Tem Ed Scott, Council Member Andy Carrizales, Council Member Rafael Trujillo, Council Member Joe Baca .
Also present were Acting City Manager Arron Brown, City Attorney Eric Vail, and City Clerk Barbara McGee.
City Treasurer Edward Carrillo was absent.
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CLOSED SESSION 1. 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.
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 2 CLOSED SESSION 2. 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
3. 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 Brown
City Attorney Eric Vail
Negotiating Parties: City of Rialto/Successor Agency;
unspecified potential buyers
Under Negotiation: Price and Terms Sale
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 136 S. Riverside Drive
City Negotiator: Acting City Manager Brown;
City Attorney Eric Vail
Negotiating Parties: City of Rialto; unspecified potential buyers Under Negotiation: Price and Terms Sale
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager
6. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager Brown/ Interim City Manager and/or City Manager
CLOSED SESSION
Motion by Council Member Trujillo and second by Council Mem ber Carrizales and carried by a 5-0 vote to go into Closed Session at 5:05 p.m.
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The City Council returned from Closed Session at 6:30 p.m. 0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 3 CALL TO ORDER Mayor Robertson called the meeting to order at 6:37 p.m. 0o0
OPEN SESSION The roll was called, and the following were present: Mayor Deborah Robertson, Mayor Pro Tem Ed Scott , Council Member Rafael Trujillo , Council Member Andy Carrizales and Council Member Joe Baca.
Also, present were Acting City Manager Arron Brown, City Attorney Eric Vail, and City Clerk Barbara McGee.
City Treasurer Edward Carrillo was absent.
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Pledge of Allegiance and
Invocation
Council Member Rafael Trujillo led the pledge of allegiance. 0o0
Lawrence Jenkins gave the Invocation.
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City Attorney’s Report on
Closed Session
1. 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.
The City Council completed and gave direction to the City Attorney Vail on Items. There is no reportable action. The remaining Items 2 -6 will be held over until the end of the session.
2. 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
3. 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 Brown;
City Attorney Eric Vail
Negotiating Parties: City of Rialto/Successor Agency;
unspecified potential buyers
Under Negotiation: Price and Terms Sale
Council Member Carrizales recused himself from this Item. .
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 4 City Attorney’s Report on
Closed Session
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 136 S. Riverside Drive
City Negotiator: Acting City Manager Brown;
City Attorney Eric Vail
Negotiating Parties: City of Rialto; unspecified potential buyers
Under Negotiation: Price and Terms Sale
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager
6. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager Brown/ Interim City Manager and/or City Manager
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PRESENTATION AND
PROCLAMATIONS
Mayor Robertson acknowledged the passing of Dr. John Kazalunas, former Rialto Unified School District Board Member. She also recognized the Celebration of Life of Mayor Robertson’s relative, Riverside County Sheriff's Deputy Darnell Calhoun that took place at Abundant Living Family Church in Rancho Cucamonga (ALFC). 0o0
ORAL COMMUNICATIONS Mr. Lawrence Jenkins addressed the City Council related to the Fireworks problem in the City and asked how residents and law enforcement can collaborate to find a solution. He asked who he needs to speak to about this issue.
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Mayor Robertson stated Acting City Manager Brown will assist him with the efforts underway and how the citizens can participate. 0o0
Council Member Baca suggested a notification to the residents regarding consequences if found in violation.
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Mayor Robertson stated that notification is sent to residents. 0o0
Ms. Marlanda Johnson, Field Representative, for Supervisor Joe Baca Jr.’s office addressed the City Council of current announcements – Fly a Kite Day and new location for Senior Meal Program.
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DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 5 ORAL COMMUNICATIONS Mr. Frank Gonzales addressed the City Council related to the closure of Cuca’s restaurant and what the City is doing to help with relocation.
He’s been a Planning Commission er for 13 years. He discussed the possibility of having a joint meeting between the City Cou ncil and the Planning Commission. The Commissioners need to be educated on the law changes taking place this year.
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Mayor Robertson stated there is City Council representation at the Planning Commission meeting and suggests members of the City Council have a discussion on law update.
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Marisela Ferguson addressed the City Council and thanked City departments for last year’s City events. She thanked them for the bilingual information in the Rialto Progress magazine. She hopes the City will reconsider reinstating the Rialto Institute for a better understanding of City workings. She expressed concern with mailbox break-ins especially during COVID-19 and the police department’s lack of response. She hopes the City improves their customer community service.
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Rosemary Thompson addressed the City Council related to a call made to the Rialto Police Department and expressed her disappointment with the department’s lack of attention and response to her reporting mailbox break-ins.
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Mayor Robertson stated she appreciated the information brought to her attention. The post office structure is an ongoing concern. 0o0
June Hayes addressed the City Council through Zoom, to emphasize the mailbox problem in the City. Her experience with the Rialto Police Department was very positive. She is thankful that they were very responsive and pleasant.
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City Council to Consider removing or
continuing any items on the agenda Mayor Robertson abstained from Warrant Resolution No.26 (01/12/2023) Voucher No. 2281221 made out to the National Council of Negro Women for a total of $1,954.00.
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Council Member Trujillo requested to pull F.5 for discussion. He is requesting a public announcement of closing of testing sites at the Community Center.
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DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 6 F.5
Update on and Confirm the Continued
Existence of the Local Emergency
Throughout the City of Rialto in
Response to the COVID-19 Pandemic
Mayor Robertson asked if this is part of the action to be taken to remove the existence of the local emergency.
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Acting City Manager Brown stated this is informative. It is not part of the action. It is not an actionable item.
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Director of Community Services Alvarado -Crawford stated the County has ended testing sites at specific areas. They are onsite at the City facility handing out take-home tests and collecting data. Testing is still provided at Jerry Eaves Park M -F, 10:00 -7:00 and Saturday and Sunday 9:00 -5:00 p.m. The Bo nnie View location shut down due to low activity.
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CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 26 (1/12/2022)
B.2 Warrant Resolution No. 27 (01/19/2023)
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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – January 10, 2023
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D. CLAIMS AGAINST THE CITY
D.1 Alize Mariah Valdez - Vehicle Damage
D.2 Jonathan Basurto - Personal Injury
D.3 Tesla Insurance (Zi Huang) - Vehicle Damage
D.4 Patrick L. Sampson Jr. - Vehicle Damage
D.5 Mercury Insurance (Gerardo Hernandez) - Vehicle Damage D.6 Karen Rivera - Vehicle Damage
D.7 Matilde Jonathan Jimenez - Vehicle Damage
D.8 Ignacio Penaloza, Janeth Penaloza, Cruz Mayoral –
Personal Injury
D.9 Nyeka Loyd - Vehicle Damage
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DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 7
CONSENT CALENDAR
E. SET PUBLIC HEARING
E.1 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 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 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. 0o0
F. MISCELLANEOUS
F.1 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 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 Bern ardino; and (4) Authorize the City Manager to Execute all Documents.
F.3 Request City Council to Adopt Resolution No. 8037 Authorizing the Destruction of Certain Municipal Records of the Finance Department.
F.4 Request City Council to approve the c osts 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 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. 0o0
Motion by Council Member Trujillo , second by Council Member Carrizales and carried by a 5-0 vote to adopt the Consent Calendar with the following notations:
Mayor Robertson abstained from Warrant Resolution No. 26 (01/12/2023) Voucher No. 2281221 made out to the National Council of Negro Women for a total of $1,954.00.
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DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 8
PUBLIC HEARING
TAB 1
Approving CDP No. 2021-0047 and
Precise Plan of Design (PPD)
No. 2021-0061
Paul Gonzales, Community Development Manager, presented staff report to 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.
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City Attorney Vail requested TAB 1 be tabled due to the new information received from appellant. He recommends TAB 1 be tabled for two meetings, bring it back, re -notice the Public Hearing for February 28, 2023, to give time to assess the material and determine if any staff recommendations are required.
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Mayor Pro Tem Scott agreed with City Attorney Vail. The packet arrived in the afternoon. It has not been reviewed or been publicly posted.
He made the motion to carry it to second meeting in February. 0o0
Motion by Mayor Pro Tem Scott, second by Council Member Baca and carried by a 5-0 to Re-Notice the Public Hearing and table TAB 1 to the February 28, 2023, City Council meeting.
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Mayor Robertson stated that due to that, TAB 1 will not be held and no Public Hearing will take place. Public comments will be held over until February 28, 2023.
City Attorney Vail stated that any public comments will not be part of record on appeal. We ask that they come back on February 28, 2023. 0o0
Motion by Mayor Pro Tem Scott, second by Council Member Baca and carried by a 5 -0 vote to table the Item until February 28, 2023, and Re-Notice the Public Hearing.
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DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 9 TAB 2
Conduct a Public Hearing Proposed
Annexation of Territory to the Rialto
Landscaping and Lighting Maintenance
District No. 2; Adopt Resolution
No. 8039; Adopt Resolution No. 8040
Tim Sullivan, Director of Maintenance & Facilities, presented staff report to 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.
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Director of Maintenance & Facilities Sullivan requested continuing Item on February 14, 2023. One of the two ballots were received. 0o0
Motion by Mayor Pro Tem Scott, second by Council Member Trujillo and carried by a 5-0 vote to continue Item to the February 14, 2023, meeting. 0o0
TAB 3
Extend Interim Urgency Ordinance
No. 1674 by Adopting Interim Ordinance
No. 1678
Paul Gonzales , Community Development Director , presented staff report to 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 RIALT O, 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.
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Mayor Robertson asked if the Ordinance requires a 4/5th vote. 0o0
City Attorney Vail confirmed that both Interim Urgency Ordinances require a 4/5th vote.
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Mayor Robertson asked if anyone wished to speak.
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City Clerk McGee stated no.
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DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 10 TAB 3
Extend Interim Urgency Ordinance
No. 1674 by Adopting Interim Ordinance
No. 1678
Motion by Mayor Pro Tem Scott, second by Council Member Trujillo and carried by a 5-0 vote to close the Public Hearing.
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Mayor Pro Tem Scott stated that the purpose of the moratorium is to address truck yards that are turning up in residential areas near houses.
There are no houses near the Agua Mansa area. He proposed to put this Ordinance in place with the exclusion of 2650 and 2720 South Willow and allow the expansion of project to move forward. 0o0
Community Development Director Gonzales stated it is an existing permitted use. There wouldn’t be an issue, if they are extend ing their use. The Ordinance states “to include expansions”. He asked if the Ordinance would need to be modified or how will it be addressed. 0o0
Mayor Pro Tem Scott asked City Attorney Vail if th at address needs to be excluded from of the Ordinance or does “expansion” need s to be included.
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City Attorney Vail stated the Ordinance can be modified to exclude the two addresses included.
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Council Member Baca asked if Carter High School is near the area. 0o0
Mayor Pro Tem Scott clarified the area is south Willow below the 10 Freeway, Agua Mansa.
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Council Member Trujillo asked if would be able to be listed as part of the resolution.
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City Attorney Vail stated i f the project is permitted, approved, and underway by the City, the project can be excluded.
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Council Member Trujillo asked changing the language in the Ordinance. 0o0
City Attorney Vail stated “expansion” will not be removed. It would be any expansions that come into action after the Ordinance goes into effect. We are adding after “expansion” an exception to this project that is already ongoing.
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DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 11 TAB 3
Extend Interim Urgency Ordinance
No. 1674 by Adopting Interim Ordinance
No. 1678
Mayor Robertson asked if there are other properties in a similar state. 0o0
Mayor Pro Tem Scott stated there could be some in the Agua Mansa Area.
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Mayor Robertson stated there are some on the north end by Alder and Casmalia Avenue that will become a storage area.
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Mayor Pro Tem Scott asked if it was a truck storage.
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Mayor Robertson stated yes. She believes there is something else that needs to be reviewed. She cautions not to restrict activity to those that already zoned appropriately.
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Mayor Pro Tem Scott asked if the motion is modified to exempt this property but additionally any properties that are currently existing with a project underway, to be addressed on a case-by-case basis. 0o0
Acting City Manager Brown clarified that each of those cases would be before the City Council for approval.
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City Attorney Vail stated the moratorium would not have to be amended immediately. When a potential project arises, it will be determined if it applies. If it applies, and there is a concern , the Ordinance will be brought before the City Council to amend or not.
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Mayor Robertson stated she does not want to hold up something that had already been before the City Council.
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Motion by Mayor Pro Tem Scott and second by Council Member Baca and carried by a 5-0 vote 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 with the following provision: the exemption of any property with an existing project to come before the City Council for approval. 0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 12 TAB 3
Extend Interim Urgency Ordinance
No. 1674 by Adopting Interim Ordinance
No. 1678
ORDINANCE NO. 1678
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RIALTO, CALIFORNIA, PROHIBITING THE
ESTABLISHMENT AND/OR EXPANSION OF OUTDOOR STORAGE
USES AND/OR TRUCK YARD USES FOR A PERIOD OF 22 MONTHS
AND 15 DAYS AND DIRECTING THE CITY MANAGER OR HIS
DESIGNEES TO PREPARE AND ISSUE A WRITTEN REPORT
DESCRIBING THE MEA SURES WHICH THE CITY WILL HAVE
TAKEN TO ADDRESS THE CONDITIONS THAT ARE THE SUBJECT
OF THIS ORDINANCE.
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Motion by Mayor Pro Tem Scott, second by Council Member Baca and carried by a 5-0 vote to approve Ordinance No. 1678.
The vote was AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Carrizales, Council Member Trujillo, Council Member Baca NOES: None. ABSTAIN: None. ABSENT: None.
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Mayor Pro Tem Scott emphasized that 2024 is a long way out. When will an Ordinance come before the City Council that restricts these uses in residential areas and require sufficient landscaping site work, lighting, and security?
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Community Development Director Gonzales stated staff can provide within six months.
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Mayor Pro Tem Scott asked why six-month period.
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Community Development Director Gonzales state d sufficient time is needed to review codes as well codes in the surrounding areas. It can be brought sooner than six months.
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Mayor Pro Tem Scott believed it needs to be before the City Council in 90 days.
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Acting City Manager Brown asked if it would require going through any committee prior to or directly to the City Council.
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Mayor Robertson stated it should go through EDC prior but before the City Council within the 90th day.
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DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 13 TAB 3
Extend Interim Urgency Ordinance
No. 1674 by Adopting Interim Ordinance
No. 1678
Mayor Pro Tem Scott stated most of the Ordinances are in place. What is missing from the Ordinance is “prohibiting in residential areas” where they are shining lights on ho uses and doing work and a category that allows to prohibit operation during a certain hour if it’s in a sensitive area. 0o0
Acting City Manager Brown clarified first draft prepared to EDC within 90 days.
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Mayor Pro Tem Scott emphasized he is asking that it return before the City Council within 90 days.
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Mayor Robertson stated it needs to be before the EDC within 60 days. 0o0
ORDINANCE NO. 1678
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RIALTO, CALIFORNIA, PROHIBITING THE
ESTABLISHMENT AND/OR EXPANSION OF OUTDOOR STORAGE
USES AND/OR TRUCK YARD USES FOR A PERIOD OF 22 MONTHS
AND 15 DAYS AND DIRECTING THE CITY MANAGER OR HIS
DESIGNEES TO PREPARE AND ISSUE A WRITTEN REPORT
DESCRIBING THE MEASURES WHICH THE CITY WILL HAVE
TAKEN TO ADDRESS THE CONDITIONS THAT ARE THE SUBJECT
OF THIS ORDINANCE.
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Motion by Mayor Pro Tem Scott, second by Council Member Baca and carried by a 5-0 vote to approve Ordinance No. 1678.
The vote was AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Carrizales, Council Member Trujillo, Council Member Baca NOES: None. ABSTAIN: None. ABSENT: None.
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TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
Alberto Paiva, Director of Engineering Services, presented staff report to Request City Council to Conduct a Public Hearing, Consider, and Adopt an Interim Urgency Ordinance No. 167 7 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. 0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 14 TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
Mayor Robertson asked if anyone wished to speak.
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Shawn Rodriguez addressed the City Council related to the removal of the truck route designation in the area and asked that the stretch of area from Locust to Ayala should be reconsidered from becoming a restricted area.
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Mike Tesk e with Flyer s Energy addressed the City Council through Zoom related to the impact to their business and neighboring businesses and the City Council to reconsider not changing the designation and allow truck traffic along the route. There is no other access to exit or enter other than Slover Avenue.
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Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 5-0 vote to Close the Public Hearing. 0o0
Council Member Baca requested the Item be held over for an opportunity to review to determine the impact before making a decision. 0o0
Mayor Robertson stated extensive study has been conducted. 0o0
Council Member Baca stated he had not been on the City Council yet. 0o0
Mayor Robertson stated that the truck study began with community concerns about truck route activity. It then followed a speed study. 0o0
Council Member Baca asked about the possibility of having ample time to review since he recently joined the City Council. He would like to review from a business perspective, it’s impact and determine other possible alternatives.
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Mayor Robertson stated there should be a re-evaluation study of new routes to understand the Slover Avenue route from Riverside Avenue to Cactus Avenue. That’s a discussion that needs to take place.
She further explained to Council Member Baca other points related to the truck traffic study.
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DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 15 TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
Council Member Trujillo stated he attended community forums to better understand the community’s concerns. He asked about local businesses, and if it is the shortest route to travel to these truck routes. 0o0
City Attorney Vail stated it would not d eny existing businesses access to and from their business. It might require a re -routing to the closest designated truck routes but won’t stop receiving deliveries to their business. It’s under the vehicle code. It won’t allow other vehicles who don’t need to access their business to access that area. 0o0
Mayor Robertson gave an example of the decommission of truck activity from Cedar Avenue to east City limit on the Baseline Avenue route and stated it doesn’t prevent businesses at Baseline and Rive rside from receiving access of deliveries. They need to travel from the 210 Freeway at Riverside Avenue.
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Council Member Trujillo emphasized the importance of having emergency routes in the event major truck routes are closed off. He hopes for more discussion on the matter. He wants to make certain there is a Plan B during those emergencies.
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Mayor Pro Tem Scott expressed a concern and asked if there is any validity in removing a truck route and affecting the insurance of an existing business.
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City Attorney Vail stated not that he is aware of. That issue has not been fully researched.
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Mayor Pro Tem Scott expressed his concern. Business should not be penalized if they are existing on their insurance. He also expressed concern for Locust Avenue. It needs to be repaved. He asked where it is on the agenda to repave. If more trucks travel down Locust Avenue, it will quickly deteriorate a route that is in already in poor condition. 0o0
Mayor Robertson asked about the project for Locust Avenue regardless of truck traffic.
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Mayor Pro Tem Scott asked when the Locust project is taking place. 0o0
Director of Engineering Services Paiva stated there was no project. 0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 16 TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
Acting City Manager Brown stated it would be brought back to the City Council.
0o0
Art Cervantes, Engineering Manager, stated Locust Avenue is identified on the five-year CIP plan.
0o0
Mayor Pro Tem Scott asked where in the five-year plan.
0o0
Mr. Cervantes stated the five-year plan would need to be proposed and accepted.
0o0
Council Member Carrizales asked if tonight.
0o0
Mr. Cervantes stated no. It is not ready till the spring. 0o0
Mayor Robertson stated there needs to be direction of acceleration. 0o0
Mayor Pro Tem Scott expressed his concern. Truck traffic on Locust Avenue will fail quickly.
0o0
Council Member Carrizales stated once it becomes a truck route, it will be extremely difficult to pave it. The City needs to move quickly. 0o0
Mayor Pro Tem Scott asked if there is a business that is not on a truck route, it can go the shortest route to a truck route to exit the City. If it is a truck coming into the City making a delivery, they can travel the shortest route to get to that get to that business to make that delivery. 0o0
Mayor Robertson stated she does not believe so. The highway code has been checked. There was information from former City Manager Fuller that clarified that.
0o0
Sergeant Daniels stated Vehicle Code 35703 allows to use that roadway if a specific delivery is needed to that location.
0o0
Mayor Robertson stated that was brought up by the former City Manager Fuller. That was the question about the ability for them to take the shortest route. The actual email information from former City Manager Fuller will need to be retrieved.
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 17 TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
Mayor Pro Tem Scott stated the police sergeant is the one giving citations. Will a citation be written if a truck is on the shortest route? 0o0
Assistant City Attorney Robert Messinger stated the code provis ion is clear. Law enforcement cannot cite a vehicle that is going to a business either to or from if they are traveling by the shortest route or a non-designated truck route to or from a designated truck route.
The email may have been incorrectly stated. This does not impact truck traffic to and from businesses that are located on a non -designated truck route.
0o0
Mayor Pro Tem Scott asked about the email.
0o0
Mayor Robertson referenced an email sent to Mayor Robertson, Mayor Pro Tem Scott, and City staff from former City Manager Fuller dated December 7, 2022, that addressed the matter.
She will forward to current City staff.
0o0
Mayor Pro Tem Scott stated he had read the email. He did not agree with it.
He asked if the email referenced the quoted code section. 0o0
City Attorney Vail stated there was a disagreement with the former City Manager Fuller with the reading of the code.
0o0
Mayor Robertson emphasized to address the concern about the ability to what the point is. She stated Slover Avenue is an existing route that required businesses to have access. She requested the schedule and acceleration on the Locust Avenue route . The Lo cust Avenue route is an industrial corridor not a residential area. Discussions with the committee determined Locust Avenue would be a better route than Ayala Avenue.
She stated that was the purpose why it was taken out from making certain it didn’t have trucks. The only way people will abide by the rules, is by enforcement. The intent is not to allow semi-trucks traveling from Renaissance on Ayala to Linden.
0o0
Mayor Pro Tem Scott asked if once the truck is off the freeway, it is the shortest point from the freeway to their delivery point. 0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 18 TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
Sergeant Daniels stated that is correct. Alder Avenue will be a designated truck route, So it will be the shortest distance from Alder Avenue
0o0
Mayor Robertson asked if truck traffic is traveling from the east 210 Freeway towards Amazon, what would prevent them from exiting south on Ayala towards Renaissance to approach Linden instead of Alder Avenue and have to backtrack.
0o0
Sergeant Daniels stated the moratorium designated Alder Avenue as a valid truck route allowing them to exit the freeway.
0o0
Mayor Pro Tem Scott asked if truck traffic must exit on a truck route and then travel the shortest distance.
0o0
Sergeant Daniels stated that is correct.
0o0
Mayor Pro Tem Scott emphasized Pepper Avenue is not a truck route.
Truck traffic would be required to exit off the closest truck route and continue from there.
0o0
Acting City Manager Brown referenced the said email and read, “ The important point here is that the shortest route must be from the truck route to the destination.” He stated that if it is not part of a truck route, they cannot exit there.
0o0
Mayor Pro Tem Scott asked if insurance is an issue, would it be permissible to post appropriate signs to resolve any insurance matters. 0o0
City Attorney Vail stated he cannot answer without knowing if there is, in fact, an insurance issue and what type of an issue it is. We have to speak to insurers. It is not a question of law.
0o0
Mayor Pro Tem Scott stated that might be a solution if it is an issue. 0o0
City Attorney stated signs could be posted for the local traffic. 0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 19 TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
Acting City Manager Brown asked if Mr. Cervantes with Engineering could meet with insurance staff to obtain the information on legalities of insurance issues.
0o0
Mayor Robertson question ed why it is set up for 22 months.
She requested the Urgency Ordinance not be tied to the general plan.
Whatever is resolved, will have to be amended. When the general plan is finalized, the amendment can be added to the general plan. 0o0
Acting City Manager Brown stated it is understood.
0o0
Mayor Robertson requested an update on the status of the report within 12 months.
0o0
Acting City Manager Brown stated if this is determined to be a priority, he would discuss with staff to confirm a date. It is understood that 22 months is extensive. He would like to confirm that an update is feasible in 12 months.
0o0
Mayor Robertson referenced and read an excerpt from the Interim Urgency Ordinance.
0o0
City Attorney Vail stated when a City conducts an Interim Urgency Ordinance, City staff prepares a report a minimum of 10 days prior to the City Council acting on it.
0o0
Mayor Robertson asked why th e report can’t be ready prior to 22 months.
0o0
Acting City Manager Brown stated a status report can be prepared once a month.
0o0
Mayor Robertson requested a status report within six months. 0o0
Mayor Pro Tem Scott expressed his concern with the truck route from Riverside at Ayala to Locust Avenue.
0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 20 TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
Director of Engineering Services Paiva referred the City Council to
large to print. The link shows the existing truck and proposed route. It’s on the website for public view.
0o0
Mayor Pro Tem Scott asked for the hard copy of the report. The City Council requires paper.
0o0
Mayor Robertson stated the truck route should go down to Ayala and Riverside Avenue and end there. The area that is circled on the map does not need to be decommissioned.
0o0
Mayor Pro Tem Scott stated the truck route should be designated down to Sierra Avenue.
0o0
Mayor Robertson stated the map needed for reference is not the one in the package but rather a link.
0o0
Acting City Manager Brown stated a copy will be provided. 0o0
Council Member Carrizales asked if the Item can be brought back when more information is provided.
0o0
Mayor Robertson stated a Public Hearing was set and now it is extended 22 months. The moratorium now has to continue while this is in place.
City Attorney Vail stated the moratorium can be amended as many times needed during the 22-month period. If no action is taken, it will expire. 0o0
Mayor Robertson emphasized action needs to be taken to continue the moratorium.
0o0
Mayor Pro T em Scott asked if this Item can be brought back for a potential modification at the next City Council meeting. 0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 21 TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
City Attorney Vail stated whenever modified, there needs to be a Public Hearing.
0o0
Mayor Pro Tem Scott asked if the Public Hearing could remain open. 0o0
City Attorney Vail stated no. It needs to be adopted tonight. A Public Hearing will need to be re-noticed for a potential amendment. It requires 10-day notice.
0o0
Acting City Manager Brown stated it would be brought back on February 28, 2023, City Council meeting.
0o0
Mayor Pro Tem Scott requested City Attorney’s Office research the insurance issue.
0o0
City Attorney Vail stated yes. They will review the insurance and liability issue.
0o0
Mayor Robertson asked about incorrect signs posted intended for truckers. She asked what was accomplished.
0o0
Acting City Manager Brown stated there was a decision made and it was undone where there was an election to wait to determine i f the moratorium would be extended the first time. The decision was made for sign posting and not wait for the City Council affirm the extension. All signs except for one went up.
0o0
Mayor Robertson asked when had the signs been posted.
0o0
Director of Maintenance & Facilities Sullivan stated the majority of the “No Trucks” signs were posted. There are still 28 signs on signal mast arms and mast pulls that will be down this week. They will either be taken down or refurbished so direction arrows align with the truck route and no truck route.
0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 22 TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
Mayor Robertson asked if there was management direction to wait and not proceed. She asked if it was a management or department decision. 0o0
Director of Maintenance & Facilities Sullivan stated there were additional studies that needed to transpire. He stated their department manages sign postings, location and sign inventory.
0o0
Mayor Robertson asked which additional studies needed to be conducted.
0o0
Acting City Manager Brown stated the sign verbiage will need to be reviewed by the City Attorney’s office to make certain it met the requirements.
0o0
Mayor Robertson asked if it could move forward with modifications. 0o0
Mayor Pro Tem Scott made a motion to approve Interim Urgency Ordinance No. 1677 with the two following conditions: The proposed elimination at Riverside and Ayala Avenue that Riverside to Locust remain as a truck route and the section on Slover Avenue from Cactus to Riverside Avenue remain as a truck route.
0o0
Mayor Robertson stated for public knowledge that after the first Public Hearing, it was understood the public would be notified that specified truck routes would be decommissioned then the Urgency Ordinance was brought back, and it did not occur.
0o0
Mayor Pro Tem Scott stated you cannot have a notification before an Item is approved.
0o0
Mayor Robertson stated yes, you can. That is what the City Council is supposed to do.
0o0
Mayor Pro Tem Scott stated the proposal can be advertised, but it is not valid until it is voted on.
0o0
Mayor Robertson stated there was notification to the public about that. 0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 23 TAB 4
Adopt an Interim Urgency Ordinance
No. 1677
Acting City Manager Brown asked Director of Engineering Services Paiva if he had spoken to the trucking agencies in relation to that. 0o0
Director of Engineering Services Paiva stated yes, and an outreach was done by Sergeant Daniels with all the warehouses.
0o0
Mayor Robertson asked if a notice was posted on the City website. 0o0
Director of Engineering Services Paiva stated yes it was under the Engineering section.
0o0
Mayor Robertson stated the public will not directly go to the Engineering section to look for information.
She hopes the actions taken and the expectations will be clear as to the next stop moving forward.
0o0
Acting City Manager Brown stated that all future Items such as this will be in the ”news” section and easily accessible to the public. 0o0
ORDINANCE NO. 1677
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.
0o0
Motion by Mayor Pro Tem Scott, second by Council Member Baca and carried by a 5-0 vote to approve Ordinance No. 1677 with the provision that the following remain a truck route:
• Riverside Avenue from Locust Avenue to Ayala Drive and • Slover Avenue from Cactus to Riverside Avenue
The vote was AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Carrizales, Council Member Trujillo, Council Member Baca.
NOES: None. ABSTAIN: None. ABSENT: None.
0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 24 TAB 5
To consider a Procedure of selecting a
Mayor Pro Tem
Barbara McGee, City Clerk, presented staff report to Request City Council to consider a Procedure of selecting a Mayor Pro Tem. 0o0
Council Member Baca suggested the City to develop a democratic process in selecting a Mayor Pro Tem based on seniority to be rotated every two years to allow members on the City Council to gain experience. Should the member next in line decide to accept, then that member would become Mayor Pro Tem. If said member declines it, then it would fall on the next seniority member.
0o0
Mayor Robertson stated the process thus far has been a democratic process. Should another process be considered, based on seniority, she requested if something would start similarly done as in the past, as we are not able to act on our normal five percent stipend increase before a City Council election. You must take the action, then it’s put in place.
I would ask that the s ame thing be considered when there are district elections, then the person who is no longer is usually given the courtesy that that activity would start in the following next election cycle. If we want to do that, then we need to act in that kind of fashion. We vote on our stipend, but we cannot have it given to us until after that next election. That is my counter proposal, or we continue with our democratic process. The ability to get the experience rests with the decisions of those all of us voting as to who they want to nominate. 0o0
Mayor Pro Tem Scott stated the current process is the proper process.
It is very democratic. Two individuals on this City Council can change every two years. It’s an honor to be Mayor Pro Tem because you are selected by your peers. The peers of this Ci ty Council have normally selected individuals who they felt best would serve the City if the Mayor wasn’t present. Its purpose is to take over the Mayor’s duties in the absence of the Mayor. The current system is the right system. 0o0
Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 4-1 vote to continue with the same process of selecting a Mayor Pro Tem.
Council Member Baca voted no.
0o0
TAB 6
Appointment of a Mayor Pro Tem
Barbara McGee, City Clerk, presented staff report to Request City Council to Concur with the Appointment of a Mayor Pro Tem. 0o0
Council Member Baca nominated Council Member Carrizales for Mayor Pro Tem.
0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 25 TAB 6
Appointment of a Mayor Pro Tem
Council Member Trujillo seconded the motion.
0o0
Motion by Council Member Baca, second by Council Member Trujillo and carried by a 5 -0 vote to appoint Council Member Carrizales as Mayor Pro Tem.
0o0
Council Member Scott stated it has been a privilege serving as Mayor Pro Tem and believes Council Member Carrizales is the perfect choice to carry it on. He congratulated Mayor Pro Tem Carrizales on his new appointment.
0o0
City Clerk McGee thanked Council Member Scott during his time as Mayor Pro Tem and for making himself available when needed. 0o0
TAB 7
Procedure for selection of members of
members of City Council to a Committee
Assignment
TAB 7 was withdrawn.
0o0
Council Member Baca stated he wanted to have more objectivity and opportunity for members who sit on these commissions to feel free about discussing what they want without feeling that they have to cater to any one of the Council Members that may be seated on that committee was the objective. It was clarified that only one person can vote on that one committee.
0o0
Mayor Robertson explained that some committees are external that are representing ourselves in other agencies . Then there are the internal committees. The externals are committees that the City Council is designated to be a part of. There are two members on the internal committees. If not, then it serves as a subcommittee as to who is bringing or making a recommendation to the body. That is the reason behind two members. If there were only one person on the committee, then it wouldn’t be a committee.
0o0
Council Member Baca asked why not one member not considered a committee. One member who sits on those committees.
0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 26 TAB 7
Procedure for selection of members of
members of City Council to a Committee
Assignment
Mayor Robertson clarified that internal committees are established for the benefit of assessing and concur ring with staff and make recommendations to the body such as the Utility and EDC Committees.
0o0
Council Member Baca stated he would withdraw his recommendation based on the explanation.
0o0
TAB 8
Select and Confirm Mayor’s
Appointments of Council Members to
Internal and External Committees
Barbara McGee , City Clerk, presented staff report to Request City Council to Select and Confirm the Mayor’s Appointments of Council Members to Internal and External Committees.
0o0
Mayor Robertson explained the process for selecting members to internal and external committees.
Mayor Robertson stated Council Member Trujillo will no longer serve as delegate on the California League of Cities. All members remain members of the League. This refers to voting and annual meetings.
Council Member Baca will become one of the voting delegates. One person votes, and the other two serve as alternate.
0o0
Acting City Manager Brown asked for clarification on edits. 0o0
Mayor Robertson stated it was a change on the second page on League of Cities representative/voting delegate.
0o0
Council Member Baca stated the other is the Rialto School District. 0o0
Mayor Robertson stated yes. And stated both Mayor Pro Tem Carrizales and Council Member Baca agreed serve on that Committee. 0o0
Mayor Pro Tem Carrizales stated both had expressed desire to serve on that committee.
0o0
Mayor Robertson stated that is together. It is an internal committee. 0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 27 TAB 8
Select and Confirm Mayor’s
Appointments of Council Members to
Internal and External Committees
City Clerk McGee asked for clarification on committee members. 0o0
Mayor Robertson stated it will be herself and Council Member Baca. 0o0
Council Member Trujillo recommended himself on the U.S. Postal Service Committee. It is one of his professional expertise. 0o0
Mayor Robertson asked members if they agreed with the adjustments, to ratify the assignment.
0o0
City Clerk McGee stated notification letters of changes will be sent to the appropriate agencies as accepted on the January 24, 2023, City Council meeting.
0o0
Mayor Robertson stated notification will be sent regarding additional appointments within SBCTA that require Form 700.
0o0
City Clerk McGee read back the new changes made to the committees. 0o0
Council Member Trujillo stated he enjoyed being a part of the PRISM (formerly CSAC EIA) – Finance Committee. He was able to connect to financial services and is glad to hand it over.
0o0
Mayor Robertson stated she was not aware when the Veterans Committee title became Veterans and Senior Committees.
0o0
City Clerk McGee stated it is only Veterans Committee.
0o0
Mayor Robertson is proposing the formerly COVID-19 Committee remain as an environmental/health committee. It’s important to focus on environmental health issues and the status on the health on the community. She is recommending that internal committee in lieu of COVID-19 Task Force.
0o0
Motion by Council Member Scott, second by Council Member Trujillo and carried by a 5-0 vote to Select and Confirm the Mayor’s Appointments of Council Members to Internal and External Committees. 0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 28 TAB 9
Delegate Authority for Change Orders to
Calmex Engineering Inc., for City Project
No. 180807; Appropriate for Rialto Police
Patrol; Approve Second Amendment to
the Professional Services Agreement
with Southstar Engineering and
Consulting for Construction Management
Services; Adopt Resolution No. 8041
Art Cervantes, Engineering Manager, with the Engineering Department presented staff report to Request City Council to: (1) Delegate Additional Authority for Change Orders in the Cumulative Amount of $850,000 to Calmex Engineering Inc., a California Corpora tion 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 an d 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. 0o0
Mayor Robertson emphasized the routes are north of Agua Mansa. 0o0
Council Member Scott stated the changes are excellent and he would move for approval.
Mayor Robertson asked if the lanes on the Santa Ana/Riverside Avenue project are the southbound lanes.
0o0
Mr. Cervantes stated correct. It is the southbound lanes as you turn onto Santa Ana. On the northbound lanes, the Beyond Foods development. That development is not ready to incorporate a turning late yet.
0o0
Mayor Robertson stated it is tight on that road. She asked if there are plans to widen the street when a turn lane is incorporated. 0o0
Mr. Cervantes s tated that is his understanding. Th e development will incorporate a turning lane. The City attem pted to incorporate one as part of this project, but the development is not ready for a turn lane. 0o0
Mayor Pro Tem Carrizales appreciated the satellite views and overlays.
He complimented Mr. Cervantes on a good presentation.
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 29 TAB 9
Delegate Authority for Change Orders to
Calmex Engineering Inc., for City Project
No. 180807; Appropriate for Rialto Police
Patrol; Approve Second Amendment to
the Professional Services Agreement with
Southstar Engineering and Consulting for
Construction Management Services;
Adopt Resolution No. 8041
Motion by Council Member Scott, second by Council Member Trujillo and carried by a 5-0 vote 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.
0o0
TAB 10
Adopt Resolution No. 8042; Award
Construction Contract to Ortiz
Enterprises
Art Cervantes, Engineering Manager, with the Engineering Department presented staff report to 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.
0o0
Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5 -0 vote 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.
0o0
TAB 11
Authorize Contract for Enterprises
Backup Solution to Nth Generation
Computing, Inc. for a Rubrik Backup
appliances and Data Archive Cloud
Services
Arron Brown, Acting City Manager, presented staff report to 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.
0o0
Council Member Trujillo asked if this would protect the public’s sensitive information.
0o0
Acting City Manager Brown stated this will protect the City’s infrastructure such as file servers.
0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 30 TAB 11
Authorize Contract for Enterprises
Backup Solution to Nth Generation
Computing, Inc. for a Rubrik Backup
appliances and Data Archive Cloud
Services
Council Member Trujillo asked about the credit card information and sensitive data protection.
0o0
Acting City Manager Brown stated everything goes through ACTIVENet, which is cloud based. The City does not store any individual data. 0o0
Director of Community Services Alvarado -Crawford stated all of ACTIVENet’s program and equipment is used. It is all ACTIVENet’s product. Nothing is third party.
0o0
Mayor Robertson asked if this would incorporate to protect individual’s PIN information should this be a concern in the future. 0o0
Director of Community Services Alvarado -Crawford stated credit card information is manually inputted only if there are not enough electronic stations with swipe machines. Credit card information is not saved. 0o0
Acting City Manager Brown stated the credit card is being used as a credit card. There is no PIN transfer.
0o0
Mayor Pro Tem Carrizales asked if it accepts Apple Pay. 0o0
Director of Community Services Alvarado -Crawford stated it does not have Apple Pay or peer-to-peer (P2P) digital payment services such as Venmo or Zelle capacity.
0o0
Mayor Pro Tem Carrizales asked about the payment method at terminals.
0o0
Director of Community Services Alvarado -Crawford stated they are all credit card transactions.
0o0
Mayor Pro Tem Carrizales expressed his concern with not accepting Apple Pay, Samsung Pay and Google Pay . They have become the standard in various platforms moving forward.
0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 31 TAB 11
Authorize Contract for Enterprises
Backup Solution to Nth Generation
Computing, Inc. for a Rubrik Backup
appliances and Data Archive Cloud
Services
Acting City Manager Brown stated the City will contact ACTIVENet related to a timeline to incorporate current paying methods. 0o0
Council Member Trujillo asked about Veolia/RWS payment system. 0o0
Acting City Manager Brown stated it is a different system. Segmented entirely.
0o0
Mayor Robertson asked if Nth Generation is only addressing malware concerns.
0o0
Acting City Manager Brown stated the purpose is for City staff to log on and access files for day-to-day work.
0o0
Motion by Council Member Trujillo, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote 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.
0o0
Community Services Director of Community Services Alvarado-Crawford gave the report. 0o0
REPORTS The City Council gave their reports.
0o0
CLOSED SESSION The City Council adjourned to Closed Session at 9:21 p.m. 0o0
OPEN SESSION The City Council returned from Closed Session with all members present at 10:44 p.m.
0o0
DocuSign Envelope ID: 7EBCB0AA-69D3-435C-B190-346E315582BF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 24, 2023, Page 32 City Attorney’s Report on
Closed Session
2 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
The City Council was given direction. No reportable action.
3. 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 Brown
City Attorney Eric Vail
Negotiating Parties: City of Rialto/Successor Agency;
unspecified potential buyers
Under Negotiation: Price and Terms Sale
The City Council was given to direction. No reportable action.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 136 S. Riverside Drive
City Negotiator: Acting City Manager Brown;
City Attorney Eric Vail
Negotiating Parties: City of Rialto; unspecified potential buyers
Under Negotiation: Price and Terms Sale
The City Council was given to direction. No reportable action.
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager
The Item was concluded. There was no reportable action.
6. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager Brown/ Interim City Manager and/or City Manager
The City Council confirmed Arron Brown as Acting City Manager Brown for the next four -month period through May 23, 2023 and confirmed Acting pay at ten percent of his hourly wage equivalent. 0o0
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ADJOURNMENT
Motion by Council Member Baca, second by Council Member Trujillo and carried by a 5-0 vote to adjourn the City Council Meeting at 10:46 p.m.
The City Council adjourned in memory of:
Dr. John Kazalunas,
Former R ialto Unified School District Board Member
_______________________________
MAYOR DEBORAH ROBERTSON
ATTEST:
_____________________________
CITY CLERK BARBARA A. McGEE
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