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Ordinance No. 1699.docx

Rialto City Council
March 11, 2025

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Ordinance No. 1699.docx
Meeting
March 11, 2025
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Rialto City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

ORDINANCE NO. 1699
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO CALIFORNIA AMENDING CHAPTERS 2.16, 2.18, 2.20, 2.22, 2.24, 2.27, 2.64 AND 4.01, REPEALING CHAPTERS 2.25, 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 Preservation 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 total) on a City commission, except as may be expressly provided herein; 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 COMMISSIONS GENERALLY A. Section 2.16.020 (Membership – Appointment) of Chapter 2.16 is amended to read as follows:
“The city council shall, by a vote of a majority of its members, appoint commissioners to serve on commissions established in the municipal code by the city council. At such times as one or more seats become vacant on any commission, the city clerk’s office will solicit applications from interested city residents to fill the vacant positions. The city shall provide application forms which are to be completed and filed by interested persons on-line at the city’s website. All filed application shall be directed to the city manager’s office which shall provide a copy of each filed application to each of the city council members for review. The city council may hold, whether as part of a regularly scheduled meeting or as a special meeting, a noticed public meeting to review and discuss applications, to interview applicants, to make and discuss nominations for commissioners, and to appoint commissioners to fill any vacant commission seats. The city council may conduct the review, nomination, and appointment process in a single meeting or over the course of several meetings as the council finds to be most convenient for the conduct of its business. In the alternative, the city council may appoint a subcommittee of two council members to interview applicants and to make recommendations regarding the appointment of commissioners. Such recommendations shall be submitted to the city council at a regular or special meeting of the city council for deliberation and action.” 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 as provided in section 2.16.020. Every such student member shall be a high school student in tenth, eleventh, or twelfth grade, and reside within the city at the time of their appointment. A student member shall not count toward establishing a quorum of a commission. A student member shall be permitted to participate in discussion and deliberation but shall not have the right to vote on matters before the commission. No such student member shall receive compensation or reimbursement for expenses 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 three terms.” C. Section 2.16.070 (Membership – Term.) of Chapter 2.16 is amended to read as follows:
“Except as provided in Section 2.16.110, all commission appointments shall be for a term of four (4) years. The term shall expire on December 31st in the last year of the term. An individual shall serve no more than three (3) 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 (3) 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 third term. The one (1) year waiting period shall not apply to any commissioner who has served less than three (3) 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 or resignation to the City Clerk, by December 1st in the last year of their term. The City Council shall review requests for re-appointment, and re-appointments shall be made by the City Council as provided in Section 2.16.020.” D. Section 2.16.100 (Training) is added to Chapter 2.16 to read as follows:
“As directed by the city council, or as may be delegated to the city manager, each person appointed to a city commission shall undertake training provided by the city as may be mandated by the state (for example anti-harassment and discrimination training and AB 1234 ethics training) and training pertinent to the work of the commission to which the person has been appointed.

E. Section 2.16.110 (Reorganization) is added to Chapter 2.16 to read as follows:
“This section shall only apply to the reorganization of the commissions and the initial commissioner terms pursuant to ordinance 1692. In order to effectuate the reorganization of commissions pursuant to ordinance 1692, all commission terms existing as of April 10, 2025 or such other date as may be established by the city council, shall be terminated. The start date of the new terms shall be April 10, 2025, or such other date as may be established by the city council. Existing commissioners may reapply to serve on their existing commission or a new commission. To stagger the commissioner’s terms of office, the city clerk shall conduct a 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. Four (4) commissioners shall have terms of office that expire after on December 31, 2028, and three (3) commissioners shall have terms of office that expire on December 31, 2026. These initial terms resulting from this lottery draw shall not count as a full term for the purposes of term limits in Section 2.16.070. Following the expiration of the above initial terms, commissioners shall be appointed to serve on the reorganized commissions as provided in Section 2.16.070.

Section 3. AMENDMENT OF CHAPTER 2.18 RECREATION, PARKS AND SOCIAL SERIVCES COMMISSION Chapter 2.18 is renamed the Parks, Recreation and Community Services Commission and is amended in its entirety as shown in Exhibit A hereto and incorporated herein by reference.

Section 4. AMENDMENT OF CHAPTER 2.20 HISTORICAL PRESERVATION COMMISSION Chapter 2.20 is renamed to “Historical Preservation” 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” refers to the Neighborhood Beautification and Historical Preservation Commission established by Section 2.27.010 which shall carry out the functions and duties of historical preservation as provided in this Chapter 2.20. Any reference to the historical preservation commission in Chapter 2.20 shall mean the Neighborhood Beautification and Historical Preservation Commission.” Section 5. AMENDMENT OF CHAPTER 2.22 PLANNING COMMISSION 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 seven (7) members and may include one nonvoting student member.” B. Section 2.22.050 (Powers and Duties) 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 Mobile Home Rent Review Commission under Chapter 4.01. The planning commission shall also perform the following functions and duties:

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 Directors of the City departments responsible 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.

Section 6. AMENDMENT OF CHAPTER 2.24 RIALTO UTILITIES COMMISSION Chapter 2.24 is renamed the Cable Advisory and Utilities Commission and is amended in its entirety as shown in Exhibit B hereto and incorporated herein by reference.

Section 7. AMENDMENT OF CHAPTER 2.27 NEIGHBORHOOD AND HOUSING PRESERVATION AND BEAUTIFICATION COMMISSION Chapter 2.27 is renamed the Neighborhood Beautification and Historical Preservation Commission and is amended in its entirety as shown in Exhibit C hereto and incorporated herein by reference.

Section 8. AMENDMENT OF CHAPTER 2.64 RIALTO HUMAN RELATIONS COMMISSION Chapter 2.64 is deleted in its entirety and shall be marked as “Reserved” in the municipal code.

Section 9. AMENDMENT OF CHAPTER 4.01 MOBILE HOME RENT REVIEW Chapter 4.01 is renamed the “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 which shall carry out the functions and duties of mobile home rent review as provided in this Chapter 4.01. Any reference to the “Mobile Home Rent Review Commission” in this Chapter 4.01 shall mean the Planning Commission.” B. Section 4.01.040 (Created-Members-Terms) is repealed.

Section 9. REPEAL OF CHAPTERS 2.25 (RIALTO CABLE ADVISORY COMMISSION), AND 2.68 (TRANSPORTATION COMMISSION) The contents of Chapters 2.25 and 2.68 of the Rialto Municipal Code are hereby repealed in their entirety and these chapter numbers shall be marked as “Reserved” in the Municipal Code.

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 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 _______, 2025. __________________________________
JOE BACA 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 _____________________, 2025.

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 _______________, 2025. ____________________________________
Barbara A. McGee, City Clerk

EXHIBIT A
Chapter 2.18 – Parks, Recreation and Community Services Commission

2.18.010 Creation.

There is created a Parks, Recreation and Community Services commission.

2.18.020 Membership—Number.

The commission shall consist of seven (7) members, and may include one nonvoting student member, who shall be appointed and serve pursuant to Chapter 2.16.

2.18.030 Officers.

The commission shall elect a chairperson and a vice chairperson from among the appointed members. Officers hold office for one year, or until their successors are elected.

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 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.”

EXHIBIT B
Chapter 2.24 – Cable Advisory and Utilities Commission

2.24.010 Creation.

There is established a cable advisory and utilities commission.

2.24.020 Membership.

The commission consists of seven (7) members, and may include one nonvoting student member, who shall be appointed and serve pursuant to Chapter 2.16.

2.24.030 Officers..

The commission shall elect a chairperson and a vice chairperson from among the appointed members. Officers hold office for one year, or until their successors are elected.

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; and

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.”

EXHIBIT C
Chapter 2.27 - Neighborhood Beautification and Historic Preservation Commission

2.27.010 Creation.

There is created a neighborhood beautification and historic preservation commission.

2.27.020 Membership—Number.

The commission shall consist of seven (7) members, and may include one nonvoting student member, who shall be appointed and serve pursuant to Chapter 2.16.

2.27.030 Officers..

The commission shall elect as chairperson and a vice chairperson from among the appointed members. Officers hold office for one year, or until their successors are elected.

2.27.040 Meetings.

The commission will meet once per month, or more frequently as business of the commission may require. 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.

2.27.050 Duties.

The neighborhood beautification and housing preserviation commission shall act as an advisory body to provide advice and recommendations to the city council with respect to the following subjects:

A. Carry out the powers and duties of Historic Preservation set forth in Section 2.20.050; B. 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. Oversee 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. Perform such other functions and duties as may be directed by the City Council.

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. To 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. - 2 -
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