ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO CALIFORNIA AMENDING CHAPTERS 2.16, 2.18, 2.20, 2.22, 2.24, 2.64 AND 4.01, REPEALING CHAPTERS 2.25, 2.27, AND 2.68 OF THE RIALTO MUNICIPAL CODE TO CONSOLIDATE AND REORGANIZE THE CITY’S COMMISSIONS WHEREAS, the City of Rialto (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City Council of the City has established several commissions, including the Historical Commission, Mobile Home Rent Review Commission, Neighborhood & Housing Preservation and Beautification Commission, Recreation, Parks and Social Services Commission, Cable Advisory Commission, Human Relations Commission, Planning Commission, Transportation Commission, and Utilities Commission; and WHEREAS, the City Council desires to reassess the existing commissions and to consolidate and reduce the number of existing City commissions from nine to four; and WHEREAS, the City Council desires to establish term limits for Commissioners so that no commissioner serves more than three terms (12 years max) on a City commission; and WHEREAS, the City Council desires for all current Commissioners to reapply to be considered for appointment to a new commission.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO ORDAINS AS FOLLOWS:
Section 1. FINDINGS
The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
Section 2. AMENDMENT OF CHAPTER 2.16
A. Section 2.16.020 (Membership – Appointment) of Chapter 2.16 is amended to read as follows:
“A Council Subcommittee consisting of two members shall be established for the purposes of reviewing applications for appointment to City commissions and making recommendations for appointments to the City Council. Commission applications must be submitted to the City Clerk who will provide the applications to the Council Subcommittee for review. The Council Subcommittee shall review all commission applications and recommend appointments to the Mayor. Commission appointments shall be made by the Mayor, subject to concurrence of the full City Council.” B. Section 2.16.050 (Membership – Nonvoting student members.) of Chapter 2.16 is amended to read as follows:
“A nonvoting student member may be appointed to each commission established by this code. Every such student member shall be a high school student in tenth, eleventh, or twelfth grade, residing within the city at the time of his or her appointment and shall have all the same rights and privileges of any regular member of the commission, with the exception of the right to vote on matters before the commission. No such student member shall receive compensation of any kind for the services rendered to the commission to which he or she may be appointed. All appointments pursuant to this section shall be for a period of one year and shall serve no more than two terms.” C. Section 2.16.070 (Membership – Term.) of Chapter 2.16 is amended to read as follows:
“Unless otherwise provided in this title, all commission appointments shall be for a term of four years. The term shall expire on December 31st in the last year of the term. An individual shall serve no more than three terms on a single City commission. In the event that an individual is appointed to fill a mid-term vacancy on a commission, the partial term shall count as one of the three terms. A commissioner who has completed three (2) consecutive full terms on a commission may apply to serve on a different commission provided at least one (1) year has passed since the end of their second term. This one (1) year waiting period shall not apply to any commissioner who has served less than three (2) consecutive full terms on a commission. A commissioner applying to serve on a different commission, or no longer wishes to serve on an appointed commission, shall submit a letter requesting a re-appointment to the City Clerk, by December 1st at the end of term. The Council Subcommittee shall review re-appointment letters, and re-appointments shall be made by the Mayor, subject to concurrence of the full City Council.” D. Section 2.16.100 (Reorganization) is added to Chapter 2.16 to read as follows:
The terms of all then seated commissioners shall expire on February 27, 2024. New commissioners shall be appointed to serve on all commissions in the manner provided for in Section 2.16.020 and for terms of office as provided in Section 2.16.070, except as provided herein. The start date of each new term shall be February 27, 2024. To stagger the terms of office of commissioners, the City Clerk shall conduct lottery draw at each first commission meeting after the initial appointments are made to assign expiration dates for each commissioner’s initial term of office. Three commissioners shall have terms of office that expire on December 31, 2027, and two commissioners shall have terms of office that expire on December 31, 2026, for their first term. The three-year terms resulting from this lottery draw shall count as a full term for the purposes of term limits in Section 2.16.070.
Section 3. AMENDMENT OF CHAPTER 2.18
Chapter 2.18 is amended in its entirety as shown in Exhibit A hereto and incorporated herein by reference.
Section 4. AMENDMENT OF CHAPTER 2.20
Chapter 2.20 is renamed to “Recreation, Parks and Beautification Commission” and amended as follows:
A. Sections 2.20.020 (Membership – Appointment) and 2.20.030 (Meetings) are repealed.
B. The definition of “Commission” in Section 2.20.040 (Definitions) is amended to read as follows:
“Commission” or “recreation, parks and beautification commission” refers to the historic site, neighborhood preservation, parks and recreation commission established by Section 2.18.010.” Section 5. AMENDMENT OF CHAPTER 2.22
Chapter 2.22 is amended as follows:
A. Section 2.22.020 (Membership – Appointment) is amended to read as follows:
“The Planning Commission consists of five members, and may include one nonvoting student member.” B. Section 2.22.050 (Powers and Duties) Chapter 2.22 is amended to read as follows:
“The planning commission has and performs the functions, duties and powers provided in the Planning and Zoning Law referred to in Section 2.22.010. The planning commission performs such other functions and duties with respect to zoning and other matters as the city council may refer to the planning commission. The planning commission shall also serve as the commission under Chapter 4.01 (Mobile Home Rent Review). The planning commission shall also oversee issues relating to affordable housing for seniors and green banking. The planning commission shall also perform the following functions and duties with respect to transportation, affordable housing for seniors, and green banking:
A. To act in an advisory capacity to the city council in the review and development of systems, facilities, plans, policies and programs, which relate to public transportation and circulation within the City.
B. To review all requests and complaints regarding traffic safety regulations, parking regulations, control devices, signs and markings, public transit systems, trails, bikeways, and to make recommendations to the city council or to the appropriate city departments pertaining thereto.
C. To initiate, assist with and/or submit reports or studies for traffic, traffic safety, vehicle regulatory conditions, working with the airport regulations and operations, trails, bikeways and public transit and transportation as they affect the city and to make recommendations for corrections, capital improvements or significant operational changes, to the appropriate city departments and to the city council.
D. To provide such additional assistance with respect to transportation and circulation as may be assigned by the city council from time to time.
E. To perform educational activities in traffic matters, to supervise the preparation and publication of traffic reports, to receive complaints relating to traffic matters and to recommend to the city council ways and means of improving traffic conditions and the administration and enforcement of traffic regulations.
F. Advise the city council on the development of adequate parking for commercial and retail uses, recommend policies to encourage, develop and support adequate parking within the city, recommend actions for the establishment of long-term parking plans for the city, and advise the city council in the administration of resources for the development of parking.
G. Review the City's major transportation projects and the five-year Capital Improvement Plan (CIP).
H. Create working partnerships and develop lines of communication with the California Department of Transportation (Caltrans), Omnitrans, Southern California Association of Governments (SCAG), and the League of California Cities for such purposes as it may see fit, and in an attempt to receive more funding for transportation projects within the city.
I. Identifying the need for affordable housing for the city’s senior residents, and render advice and assistance to the Director of Parks, Recreation and Community Services to create affordable housing for the city’s senior residents.
J. Support existing affordable housing services to the city’s senior residents, both public and private, and encourage coordination among organizations providing such services.
K. To act in an advisory capacity to the city council in the review and development of green banking.
L. To attend conference(s) and outside agency meetings in relation to the commission, at least once a year.” Section 6. AMENDMENT OF CHAPTER 2.24
Chapter 2.24 is amended in its entirety as shown in Exhibit B hereto and incorporated herein by reference.
Section 7. AMENDMENT OF CHAPTER 2.64
Chapter 2.64 is amended in its entirety as shown in Exhibit C hereto and incorporated herein by reference.
Section 8. AMENDMENT OF CHAPTER 4.01
Chapter 4.01 is renamed to “Mobile Home Rent Review” and is amended as follows:
A. Paragraph B of Section 4.01.020 (Definitions) is amended to read as follows:
“Commission” means the planning commission established by Section 2.22.010.” B. Section 4.01.040 (Created-Members-Terms) is repealed.
Section 9. REPEAL OF CHAPTERS 2.25, 2.27 AND 2.68
Chapters 2.25, 2.27 and 2.68 of the Rialto Municipal Code are hereby repealed in their entirety.
Section 12. CEQA
The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(3) because this activity is not a project as defined by Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
Section 13. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
Section 14. CERTIFICATION, PUBLICATION, AND EFFECTIVE DATE The City Clerk shall certify to the adoption of this ordinance and publish and post the ordinance in accordance with Government Code Section 36933. This ordinance shall take effect thirty (30) days after its date of adoption. ///
PASSED, APPROVED AND ADOPTED this ____ day of _______, 2023. __________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
________________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. __________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ________ day of _____________________, 2023.
Upon motion of Councilmember ___________________, seconded by Councilmember ____________________, the foregoing Ordinance No. _________ was duly passed and adopted.
Vote on the Motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this _____ day of _______________, 2023. ____________________________________
Barbara A. McGee, City Clerk
EXHIBIT A
Chapter 2.18 – Recreation, Parks and Beautification Commission
2.18.010 Creation.
There is created a recreation and beautification commission.
2.18.020 Membership—Number.
The commission shall consist of five members, and may include one nonvoting student member, who shall be appointed and serve pursuant to Chapter 2.16.
2.18.030 Adoption of rules.
The commission shall adopt rules for the transaction of business and shall keep a record of its transactions, resolutions, findings and determinations.
2.18.040 Meetings.
Meetings shall be held at the call of the chairperson. A quorum shall consist of a majority of the members appointed at any given time. Minutes of the commission meetings may be filed with the city clerk.
2.18.050 Duties.
The duties of the commission are to:
A. Act in an advisory capacity to the city council in matters pertaining to parks, public recreation and community services activities; B. Formulate policies on recreation, parks and social services for consideration by the city council; C. Aid in coordinating the recreation and community services with the programs of other governmental agencies and voluntary organizations; D. Provide recommendations to the city council for such long-term capital outlay as may be necessary to provide for an orderly and coordinated park development program; E. Act in an advisory capacity to the city council to develop strategies that maximize the city’s fiscal efficiency of its various recreational programs while promoting quality fitness and recreational services to the citizens of the city; F. As necessary, consult with the recreation, parks and community services director and/or city manager regarding administrative/policy issues and fiscal matters pertaining to the city’s recreational programs; G. Advise the City Council on matters relating to policies and programs which will serve all senior citizens of this community.
H. Carry out the powers and duties of the historic preservation commission set forth in Section 2.20.050.
I. Act in an advisory capacity to the city council and the city manager on all policy matters pertaining to:
1. Encourage the preservation of neighborhoods,
2. Recommend housing strategies which will fortify neighborhoods and encourage the removal of blight throughout the community,
3. Oversee the housing strategies as determined by the city council;
4. Recommend the property maintenance standards that should be legislated and enforced to preserve existing housing and neighborhoods,
5. Median strip development program,
6. Street lighting improvement program,
7. Underground utilities development program,
8. Tract entrance landscaping program, including at least two suitable design alternatives available to proposed developers,
9. Street tree (parkway) planting program,
10. Commercial parking lot landscaping program, including those areas immediately adjacent to the buildings,
11. Development program for landscaping standard commercial/industrial development,
12. Beautification program for future annexed areas, but excluding any recognized park to be included in any such annexed area,
13. Suggest procedures for the care, maintenance, pruning, fertilization, watering, planting, removal, replacement, staking and spaying of such types of vegetation as may be included in the beautification plan and for planting on street intersections, medians, and other locations to prevent traffic hazards:
a. Suggest areas requiring increased maintenance and care both public and private, b. Suggest increased maintenance and care in commercial/industrial, institutional, multi-residential, residential, and open undeveloped areas.
14. Recommend planting, removal, replacement or relocation of any tree on other properties,
15. Advise and recommend the beautification of any streets, sidewalks or parks to be constructed, installed, widened, altered or increased in size,
16. Advise and recommend the development of plans for the beautification of city-controlled property and a comprehensive landscaping plan,
17. Recognize public and/or private property owners for beautification efforts within the city.
18. Identify the needs of the city’s senior residents and create a citizen awareness of these needs;
19. Render advice and assistance to other city boards and commissions to city departments and private agencies on matters affecting the city’s senior residents;
20. Support existing services to the city’s senior residents, both public and private, and encourage coordination among organizations providing such services;
21. Serve as an advocate for the needs of senior residents; and
22. Perform such other functions and duties as may be directed by the City Council.
J. To attend conference(s) and outside agency meetings in relation to the commission, at least once a year.”
EXHIBIT B
Chapter 2.24 – Rialto Utilities Commission
2.24.010 Creation.
There is established a Rialto utilities commission.
2.24.020 Membership.
The commission consists of five members, and may include one nonvoting student member, who shall be appointed and serve pursuant to Chapter 2.16.
2.24.030 Adoption of rules.
The commission shall adopt rules for the transaction of business and shall keep a record of its transactions, resolutions, findings and determinations.
2.24.040 Meetings.
Meetings shall be held at the call of the chairperson. A quorum shall consist of a majority of the members appointed at any given time. Minutes of the commission meetings may be filed with the city clerk.
2.24.050 Duties.
The duties of the commission are to:
A. As necessary, consult with the city manager regarding administrative/policy issues and fiscal matters pertaining to the commission.
B. With respect to Public, Education and Government (PEG) access channels it shall be the commission's responsibility, in cooperation with city staff, to:
1. Monitor the implementation of PEG access programming;
2. Assure a sufficient variety of nondiscriminatory PEG access programming to meet the needs of students, residents, and cable viewers in Rialto;
3. Promote interest in and use of PEG access channels;
4. Act as an advisory body to the city council with respect to PEG cable access;
5. Coordinate workshops related to PEG access programming.
C. Advise and make recommendations to the city council on problems of public relations, standards of service, acquisition and/or franchising of utilities, rules and regulations and such other problems which the city council may submit.
D. Bring to the city council matters relative to water supply, wastewater quality control, and policies affecting the operation of the city’s water and wastewater utilities which have come to their attention.
E. Act as an advisor to the city council and city manager regarding solid waste policies, recycling, source reduction and other related state mandates.
G. Advise and make recommendations to the city council to reduce emissions and exposure of air pollutants and to achieve cleaner air quality.
H. To attend conference(s) and outside agency meetings in relation to the commission, at least once a year.”
EXHIBIT C
Chapter 2.64 - Human Relations Commission
2.64.010 Creation.
There is created a human relations commission.
2.64.020 Membership—Number.
The commission shall consist of five members, and may include one nonvoting student member, who shall be appointed and serve pursuant to Chapter 2.16.
2.64.030 Adoption of rules.
The commission shall adopt rules for the transaction of business and shall keep a record of its transactions, resolutions, findings and determinations.
2.64.040 Meetings.
Meetings shall be held at the call of the chairperson. A quorum shall consist of a majority of the members appointed at any given time. Minutes of the commission meetings may be filed with the city clerk.
2.64.050 Duties.
A. To prevent and eliminate prejudice and discrimination based on race, religion, national origin, gender, sexual orientation, disability, age or economic status.
B. To promote equity, social justice, and harmony among all people living, working, visiting or attending school in the city by:
1. Designing and implementing, or supporting, multi-cultural events and other programs in collaboration with other city departments and agencies to promote harmony and combat illegal discrimination;
2. Identifying and building a directory of training and other types of programs designed to promote harmony among diverse populations;
3. Distributing information on training and other types of programs designed to promote harmony among diverse populations to city departments and agencies, schools, private businesses operating within the city, and organizations serving and representing the residents of the city;
4. Promoting accessibility to, and the use of, conflict resolution services by all people living, working, visiting, or attending school in the city.
B. To promote an inclusive decision-making process in the city by identifying and recommending outreach programs and methods for providing reasonable accommodation to ensure all residents of the city have the opportunity to learn of, and provide input to, deliberations on policy decisions and activities that may affect them or their neighborhood.
C. To inform and advise the mayor and city council about the state of community and intergroup relations by:
1. Identifying and/or receiving any issues that are alleged to be adversely affecting the ability of people to live and work together harmoniously in the city;
2. Conducting regular and special meetings in neighborhoods throughout the city to solicit feedback on the state of intergroup relations, effective human relations programs and issues that threaten to affect interpersonal and intergroup relations;
3. Providing a forum where issues may be presented that include, but are not limited to, claims of discrimination or unfair treatment relating to the actions of any person or public or private organization or agency within the city. It is expressly recognized that the commission is neither a police-civilian review board, nor an investigatory agency. The actions of the commission in response to claims of discrimination or unfair treatment will be limited to efforts to review, conciliate, mediate, and/or refer such matters to other programs and services;
4. Providing a report on the state of human relations in the city to the mayor and city council annually. Special reports may also be prepared at the request of the mayor or by decision of the commission.
D. To promote global understanding by launching initiatives to establish sister-city relationships with communities in other nations E. To inform and advise the mayor and city council on matters of environmental justice to ensure the basic right of people to live, work, go to school, and practice religion in a healthy and clean environment, regardless of race, gender, sexual orientation, age, culture, ability, nationality, or income. In furtherance of environmental justice, the commission shall work towards the following primary objectives as outlined in California Senate Bill 1000:
1. Prioritize the Needs of Our Disadvantaged Communities
2. Promote Civic Engagement
3. Improve Access to Public Facilities
4. Promote Food Access
5. Promote Safe and Sanitary Housing
6. Reduce Pollution Exposure
7. Promote Physical Activity.
F. Identify the needs of the city’s veteran residents and create citizen awareness of these needs.
G. Render advice and assistance to other city boards and commissions to city departments and private agencies on matters affecting the city’s veteran residents.
H. Support existing services to the city’s veteran residents, both public and private, and encourage coordination among organizations providing such services.
I. Serve as an advocate for the needs of veteran residents.
J. Perform such other functions and duties as may be directed by the City Council.” K. To promote community wellness and wholeness through education, resources and activities by:
1. Identifying and/or receiving any issues that are alleged to be adversely affecting the ability of people to get fit, stay healthy and pursue happiness;
2. Recognizing that obesity is a serious public health threat to the health and well-being of adults, children and families; and
3. Identifying and implementing environmental changes to support individual efforts to make healthier choices.” J. To attend conference(s) and outside agency meetings in relation to the commission, at least once a year. 4863-7338-1982 v1 RIV #4857-2793-4979 v2
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