Tuesday, September 10, 2024
City of Rialto
Council Chambers
150 S. Palm Ave
Rialto, CA 92376
City Council
Mayor Deborah Robertson
Mayor Pro Tem Andy Carrizales
Council Member Rafael Trujillo
Council Member Ed Scott
Council Member Joe Baca
Barbara A. McGee City Clerk
Edward Carrillo City Treasurer
Eric Vail City Attorney
G. Michael Milhiser, Interim City Manager
Regular Meeting
CLOSED SESSION TIME: 5:00 PM
OPEN SESSION TIME: 6:30 PM
CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY AUTHORITY, RIALTO
HOUSING AUTHORITY
September 10, 2024City Council Regular Meeting
HOW TO REVIEW THE AGENDA. ALL AGENDAS ARE POSTED IN THE CITY HALL ADMINISTRATION BUILDING (150 SOUTH PALM AVENUE, RIALTO) AT LEAST 72 HOURS IN ADVANCE OF THE MEETING. ALL WRITINGS THAT RELATE
TO AN OPEN SESSION AGENDA ITEM AT A REGULAR COUNCIL MEETING DISTRIBUTED TO ALL, OR A MAJORITY, OF THE COUNCIL MEMBERS WILL BE MADE AVAILABLE AT THE SAME TIME BUT AT LEAST 72 HOURS BEFORE A REGULAR MEETING, FOR PUBLIC INSPECTION ON THE CITY ’S WEBSITE AT www .yourrialto.com AND IN THE OFFICE OF THE CITY CLERK LOCATED AT 290 WEST RIALTO AVENUE, RIALTO, CALIFORNIA (909-820-2519) FROM 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH THURSDAY. ANY PERSON HAVING A QUESTION CONCERNING ANY AGENDA ITEM MAY CALL THE CITY CLERK ’S OFFICE TO MAKE INQUIRY CONCERNING THE NATURE OF THE ITEM DESCRIBED ON THE AGENDA.
ITEMS ADDED TO THE AGENDA. CONSISTENT WITH THE RALPH M. BROWN ACT, ADDITIONAL ITEMS MAY BE
ADDED TO THE AGENDA AND ACTED UPON BY THE CITY COUNCIL ONLY IF IT IS CONSIDERED TO BE A “SUBSEQUENT NEED” OR “EMERGENCY” ITEM AND IS ADDED BY A TWO -THIRDS VOTE. MATTERS RAISED
UNDER ORAL COMMUNICATIONS MAY NOT BE ACTED UPON AT THAT MEETING OTHER THAN AS PROVIDED ABOVE.
NEED ADA ASSISTANCE? IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL
ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE DIRECTOR OF MAINTENANCE & FACILITIES AT (909) 421-7279. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING (28 CAR 35.102-35.104 ADA Title II).
HOW TO ATTEND THE MEETING.
(1) Members of the public may attend the meeting in person. (2) Watch live steaming video of the Meeting at https://www.yourrialto.com/183/Rialto-Network (3) Council Meetings are broadcast live on the City’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99.
HOW TO MAKE A PUBLIC COMMENT.
(1) Appear at the meeting and speak during the public comment period. We request that you complete a Public Speaker Form and submit it to the City Clerk before the meeting. There is a 5 minute time limit. (2) You may submit a public comment in writing to the City Clerk by email at [email protected].
Rialto – Entering a Second Century of Progress
• Rialto will be a Family First Community
• Rialto Shall Attract High-Quality Development and Improve its Physical Environment • Rialto’s Economic Environment will be Healthy and Diverse • Rialto will be an Active Community
All items listed on this agenda are being considered and /or acted upon by the City Council on behalf of the City of Rialto, except for such items as are designated by the “RUA,” “ RHA,” which items are being considered and /or acted upon by the Members of the Rialto Utility Authority or Rialto Housing Authority of the City of Rialto in its separate legal capacity .
For convenience and ease of administration only, the agendas for each separate legal body have been consolidated herein Next Ordinance No. 1696 Next Resolution No. 8292
September 10, 2024City Council Regular Meeting
5:00 p.m.
CLOSED SESSION
Called to Order By:
1 24-1706 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1)
Number of Matters: Five (5)
1. Esteban Hernandez v. City of Rialto, et al,
USDC No. 5:22-cv-01807-SSS-SP
2. City of Camden v. Tyco Fire Products LP, et al.
USDC South Carolina, Case No2:24-cv-02321
3. City of Camden v. Chemguard, Inc., et al.
USDC South Carolina, Case No2:24-cv-02321
4. City of Columbia dba Columbia Water et al., v. RMG and BASF Corporation, et al. USDC South Carolina, Case No. 2:18-mn-02873
5. City of Columbia dba Columbia Water et al., v. 3M and the DuPont et al.
USDC South Carolina, Case No. 2:18-mn-02873
2 24-1707
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Pursuant to Government Code section 54956.9(d)(2)
Number of Matters: Two (2)
1. Rialto Well 5 and the Baseline Feeder System
2. Dig Alert Notice of Probable Violation
September 10, 2024City Council Regular Meeting
6:30 p.m.
OPEN SESSION
Called to Order By:
ROLL CALL
PLEDGE OF ALLEGIANCE - Council Member Joe Baca
INVOCATION - Pastor Dr. Victor Nolen - Word In Action Christian Center
City Attorney’s Report on Closed Session
PRESENTATIONS AND PROCLAMATIONS
1 24-1704 Presentation - Certificates for National Tradesmen’s Day - Council Member Trujillo
2 24-1710 Certificate of Recognition for Connie Moore Bottine - Council Member Trujillo
ORAL COMMUNICATIONS
City Council to consider removing or continuing any items on the agenda
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine by the City Council and will be enacted by one motion in the following form listed. There will be no separate discussion on these items. If discussion is required, the item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call.
CONSENT CALENDAR
A. WAIVE FULL READING OF ORDINANCES
The Council hereby waives the full reading of any ordinance to be introduced or approved at this meeting and such ordinance shall be read by title only.
B. APPROVAL OF WARRANT RESOLUTIONS
B.1 24-1691 Warrant Resolution No. 08
B.2 24-1692 Warrant Resolution No. 09
September 10, 2024City Council Regular Meeting
C. APPROVAL OF MINUTES
C.1 24-1694 Regular City Council Minutes - August 27, 2024 D. CLAIMS AGAINST THE CITY - FOR INFORMATION ONLY
D.1 24-1700 Arthur Cervantes - Damages
D.2 24-1702 Michelle Wyble - Damages
D.3 24-1703 Paul Gonzalez - Damages
E. SET PUBLIC HEARING
E.1 24-1681 Request the City Council Set a Public Hearing for September 24, 2024 to consider an appeal of the Planning Commission ’s decision approving an Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022), Tentative Parcel Map No. 2023-0001, Conditional Development Permit No. 2023-0011, and Precise Plan of Design No. 2023-0018, for the development and use of a 225,173 square foot industrial warehouse building on 11.19 net acres of land (APN: 0239-301-40, -49, -51, -55, -56, & -64) located at the southeast corner of Locust Avenue and West Coast Boulevard within the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan.
E.2 24-1696 Request City Council to Reschedule a Public Hearing for November 12, 2024, to Consider and Adopt: 1) Environmental Assessment Review No . 2024-0022 and Zoning Code Amendment No. 2024-0002 - an Ordinance amending Section 11.22.090 of Chapter 11.22 “Wireless
Telecommunications Facilities in the Public Right -of-Way” and adding Section 18.111.100 to Chapter 18.111 “Wireless Telecommunications Facilities” of the Rialto Municipal Code; and, 2) A Resolution to approve “Guidelines for Batch Broadband Permit Processing”.
F. MISCELLANEOUS
F.1 24-1601 Request City Council to: 1) Adopt Resolution No. 8286 Amending the 2024-2025 Fiscal Year Budget; 2) Approve the California Office of Traffic Safety Motorcyclist Safety Education and Training Program Grant Agreement in the Amount of $ 20,000; and 3) Authorize the Interim City Manager or Designee to Execute All Documents.
F.2 24-1678 Request City Council to Authorize the Release of Bids for the Baseline Storm Drain Project, City Project No. 170700.
September 10, 2024City Council Regular Meeting
F.3 24-1685 Request City Council and Rialto Utility Authority Board to authorize Staff to Submit a Grant Application to the Santa Ana Watershed Project Authority for Proposition 1, Round 2 grant funds for a Septic to Sewer Project in the amount of $319,000.
F.4 24-1698 Request City Council to Approve a Letter Requesting Governor Newsom to Veto Assembly Bill 98.
TAB PUBLIC HEARING
TAB1 24-1686 Request City Council to: 1) Conduct a public hearing and solicit public comments from interested citizens; and 2) Adopt Resolution No. 8287 approving the Fiscal Year 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER); 3) Authorize the City Manager to sign all necessary documents to submit the Fiscal Year 2023-2024 CAPER to the U.S. Department of Housing and Urban Development (HUD). (ACTION)
TAB2 24-1651 Request the City Council to Conduct a Public Hearing for the Formation of City of Rialto Community Facilities District No. 2024-1 (Renaissance) 1) Adopt Resolution No. 8288 Determining the Validity of Prior Proceedings and Establishing Community Facilities District No. 2024-1 (Renaissance); and 2) Adopt Resolution No. 8289 Determining the Necessity to Incur Bonded Indebtedness within Community Facilities District No. 2024-1 (Renaissance) and Calling a Special Election; and Hold Election; and 3) Adopt Resolution No. 8290 Canvassing the Results of the Election held within Community Facilities District No. 2024-1 (Renaissance); and 4) Introduce and Waive First Reading of Ordinance No. 1695 Ordinance Authorizing the Levy of a Special Tax within the Community Facilities District No. 2024-1 (Renaissance).
(ACTION)
TAB NEW BUSINESS
TAB3 24-1675 Request City Council to 1) Authorize a Contract Change Order in the Amount of $ 339,635 to GEI Consultants Inc. ( GEI) Pursuant to their On -Call Agreement for Environmental Services for Fire Station 203 PFAS Investigation and Reporting, City Project No. 25023; 2) Authorize Enrollment in a Voluntary Oversight Program with the Regional Water Quality Control Board (RWQCB) and 3) Authorize the City Manager or Their Designee to Execute All Related Documents.
(ACTION)
September 10, 2024City Council Regular Meeting
TAB4 24-1677 Request City Council to 1) Adopt Resolution No. 8291 Authorizing the Appropriation of $ 472,138 in Fire Development Impact Fund 2217; 2) Award a Construction Contract to MC Electric in the Amount of $ 397,200 for the Fire Station 204 Generator Installation, City Project No. 240202; and 3) Authorize the City Manager or their Designee to Execute all Related Documents.
(ACTION)
TAB5 24-1680 Request the City Council to Delegate Authority to the City Manager or their Designee to Approve Contract Change Orders in the Cumulative Amount of $1,500,000 for the Various Streets Phase 2, City Project No. 240802. (ACTION)
TAB6 24-1699 Request to City Council to 1) Authorize the Purchase of a Bearcat G 3 Armored Rescue Vehicle from Lenco Industries for a Total Cost of $435,440.46; and 2) Authorize the Interim City Manager, or his Designee to Execute All Documents.
(ACTION)
TAB7 24-1701 Request City Council to: 1) Approve the Second Amendment to Agreement for Services with Bio -Tox Laboratories, Inc for the Period of FY2024/2025 Through FY 2025/2026, Total Agreement Amount of $350,000; 2) Approve the Issuance of a Purchase Order for FY 2024/2025; and 3) Authorize the Interim City Manager or Designee to Execute all Documents.
(ACTION)
TAB8 24-1705 Request City Council to 1) Approve the Purchase of a Radio Frequency Detector/Cell Site Simulator in the Amount of $ 930,005.16 with Jacobs Technology Inc. ( JTI); and 2) Authorize the Interim City Manager or his Designee to Execute all Documents.
(ACTION)
September 10, 2024City Council Regular Meeting
REPORTS
MAYOR:
COUNCIL MEMBERS:
CITY ATTORNEY:
CITY MANAGER:
ADJOURNMENT